SRC-AAA S.B. 349 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 349
By: Shapiro
Jurisprudence
2-20-97
As Filed


DIGEST 

Currently,  in suits affecting the parent-child relationship, the court
must appoint a guardian ad litem to represent the interests of the child
if termination is sought, unless the court finds the child is the
petitioner, an attorney ad litem has been appointed, or a party who does
not have interests adverse to the child will adequately represent the
interests of the child.  Recent changes in federal law necessitate that a
guardian ad litem be appointed to represent the best interests of the
children in child abuse and neglect cases.  This bill requires the court
to appoint a guardian ad litem to represent a child in cases in which the
Department of Protective and Regulatory Services is seeking to be
appointed managing conservator or is seeking termination of parental
rights.  This bill also sets forth who may be appointed as a guardian ad
litem, including the powers, duties, and immunity of an appointee. 

PURPOSE

As proposed, S.B. 349 allows for the appointment, powers, and duties of
guardians ad litem in suits affecting the parent-child relationship. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the attorney general in SECTION 6
(Section 264.602(d), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 107.001, Family Code, to require a court or an
associate judge, in a suit filed by a government entity to terminate a
parent-child relationship, to appoint a guardian ad litem  to represent
the best interests of the child, after a petition is filed, but before a
full adversarial hearing. Sets forth the requirements of a guardian ad
litem. Makes conforming changes. 

SECTION 2. Amends Section 107.002, Family Code, as follows:

Sec. 107.002. New heading: POWERS AND DUTIES OF GUARDIAN AD LITEM.  Sets
forth the powers and duties of a guardian ad litem.  Deletes a provision
that a court is not required to appoint a guardian ad litem in certain
proceedings. 

SECTION 3.  Amends Chapter 107A, Family Code, by adding Section 107.003,
as follows: 

Sec. 107.003 IMMUNITY. Provides that an appointed guardian ad litem under
this subchapter is not liable for civil damages arising from a
recommendation or an opinion given in the capacity as the guardian ad
litem.  Provides cases to which immunity does not apply. 

SECTION 4. Amends Chapter 107B, Family Code, by adding Section 107.0135,
as follows: 

Sec. 107.0135. APPOINTMENT OF ATTORNEY AD LITEM NOT REQUIRED; CERTAIN
CASES. Sets forth certain cases in which the court is not required to
appoint a guardian ad litem. 

SECTION 5. Amends Section 107.031, Family Code, by adding Subsection (d),
to provide that this  section does not prohibit a court from appointing a
court-certified volunteer advocate as a guardian ad litem. 

SECTION 6. Amends Section 264.602, Family Code, by adding Subsection (d),
to require the attorney general, by rule, to adopt standards for a local
volunteer advocate program.  Requires the statewide organization to assist
the attorney general in developing the standards. 
 
SECTION 7. Amends Section 264.604(a), Family Code, to provide that a
person is eligible for a contract under Section 264.602, Family Code, if
the person is a certain entity which operates a program that uses
guardians ad litem. 

SECTION 8. Amends Section 264.607(a), Family Code, to require the attorney
general to require a volunteer advocate program to comply with certain
standards. 

SECTION 9. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 10. Emergency clause.