CJ C.S.H.B. 2526 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 2526 4-10-97 Committee Report (Substituted) BACKGROUND The Family Code establishes both discretionary and mandatory duties of an attorney ad litem appointed by the court to represent a child in a suit affecting the parent-child relationship. However, statewide concern exists regarding the quality of representation a child, incapable of evaluating the ad litem's services, receives from the attorney ad litem. PURPOSE As proposed, HB 2526 requires attorney's ad litem to take certain actions in cases affecting the parent-child relationship, such as appropriate investigation of the facts of the case, review of relevant records, and examination of witnesses to the case. These actions are currently at the discretion of the attorney ad litem. The bill also requires attorney's ad litem to interview all parties to the suit. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends sections 107.014 (a) and (b), Family Code, to require certain actions which are currently optional, such as appropriate investigation of the facts of the case, review of the child's relevant records, and allows the examination of witnesses in the case. This section also requires the attorney ad litem to interview all parties to the suit. SECTION 2. Effective date. SECTION 3. Emergency clause. CJ H.B. 2526 75(R) COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill required the attorney ad litem to investigate, obtain copies of relevant records, and examine witnesses. The substitute made the examination of witnesses permissive.