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.