LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
March 1, 1999
TO: Honorable Toby Goodman, Chair, House Committee on
Juvenile Justice & Family Issues
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1622 by Goodman (Relating to the clarification of
certain procedures in the Family Code.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1622, As Introduced: negative impact of $(1,368,050) through *
* the biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(678,689) *
* 2001 (689,361) *
* 2002 (692,287) *
* 2003 (696,934) *
* 2004 (703,475) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Probable Savings/(Cost) from *
* Year General Revenue Fund Federal Funds *
* 0001 0555 *
* 2000 $(678,689) $(652,074) *
* 2001 (689,361) (662,327) *
* 2002 (692,287) (665,138) *
* 2003 (696,934) (669,604) *
* 2004 (703,475) (675,888) *
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Fiscal Analysis
The bill would authorize the court to set a reasonable fee to be paid to
the guardian ad litem and would allow the fee to be assessed against one
of the parties, if one or both parents are indigent. Because the
Department of Protective and Regulatory Services (PRS) is a party in
those cases in which a child is taken into state conservatorship and a
majority of the parents in Child Protective Services (CPS) cases are
indigent, the payment of the guardian ad litem fees would be new costs
for the state.
Methodology
It is assumed that approximately 4,000 new conservatorship cases will be
filed by PRS in each of the next five fiscal years. Approximately 60
percent of the children taken into CPS conservatorship are from
households at or below the poverty level. It is assumed that PRS could
be required to pay the guardian ad litem costs in 60 percent of the CPS
cases filed in the next five years.
Based upon information obtained from the Travis County Guardianship
Program, a guardian ad litem can be expected to spend an average of 10 to
20 hours per case at rate between $50 to $70 per hour. This estimate
assumes an average of 15 hours per case at an average rate of $75 per
hour, for a total of $1,125 per case. Although attorneys currently
serving in the combined capacity of attorney ad litem/guardian ad litem
are paid for their legal services, it is assumed that courts will assess
additional fees to be awarded to these individuals for their time spent
in guardian ad litem services. In addition, it is assumed that courts
will assess fees to be awarded to Court Appointed Special Advocates
(CASA) who currently provide the service as volunteers.
For the purposes of the cost estimate, it is assumed that fees will be
assessed for the services of a guardian ad litem in 50 percent of the
cases in which the parents are indigent and that these fees will be paid
by the Department of Protective and Regulatory Services. It is assumed
that in Year 1, there would be 3,943 cases filed with 60 percent falling
at or below poverty level. It is also assumed that PRS would be
assessed fees of $1,125 for 50 percent of the indigent cases (3,943 x
60% x 50% x $1,125). Following the same methodology, year 2 would have
4,005 cases filed; 4,022 in year 3; 4,049 in year 4; and 4,087 in year
5. Temporary Assistance for Needy Families (TANF) federal funds would
be used to pay for 49% of the cases.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies:
LBB Staff: JK, MD, NM, AZ