By Wise                                         H.B. No. 2369

      75R6061 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to appointing a guardian ad litem for certain children.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 107.001, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 107.001.  APPOINTMENT OF GUARDIAN AD LITEM.  (a)  In a

 1-7     suit in which termination of the parent-child relationship is

 1-8     requested, the court or an associate judge shall appoint a guardian

 1-9     ad litem to represent the interests of the child immediately after

1-10     the filing of the petition but before the full adversary hearing to

1-11     ensure adequate representation of the child, unless:   

1-12                 (1)  the child is a petitioner;

1-13                 (2)  an attorney ad litem has been appointed for the

1-14     child; or

1-15                 (3)  the court or an associate judge finds that the

1-16     interests of the child will be represented adequately by a party to

1-17     the suit and are not adverse to that party.

1-18           (b)  The court or an associate judge shall appoint a guardian

1-19     ad litem to represent the interests of a child younger than 16

1-20     years of age in any proceeding in which:

1-21                 (1)  possession of or access to the child is in

1-22     dispute; and

1-23                 (2)  abuse or neglect of the child is alleged.

1-24           (c)  In any other suit, the court or an associate judge may

 2-1     appoint a guardian ad litem.

 2-2           (d) [(c)]  The managing conservator may be appointed guardian

 2-3     ad litem if the managing conservator is not a parent of the child

 2-4     or a person petitioning for adoption of the child and has no

 2-5     personal interest in the suit.

 2-6           (e) [(d)]  A guardian ad litem shall be appointed to

 2-7     represent any other person entitled to service of citation under

 2-8     this code if the person is incompetent or a child, unless the

 2-9     person has executed an affidavit of relinquishment of parental

2-10     rights or an affidavit of waiver of interest in child containing a

2-11     waiver of service of citation.

2-12           SECTION 2.  Article 56.02, Code of Criminal Procedure, is

2-13     amended by adding Subsection (e) to read as follows:

2-14           (e)  A victim younger than 16 years of age who is a

2-15     complaining witness in a criminal proceeding is entitled to have

2-16     the court appoint a guardian ad litem to represent the interests of

2-17     the victim on request by the victim.  The court shall instruct the

2-18     guardian ad litem of the ad litem's duties.

2-19           SECTION 3.  This Act takes effect September 1, 1997, and

2-20     applies to a suit affecting the parent-child relationship filed on

2-21     or after that date.

2-22           SECTION 4.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.