By Goodman H.B. No. 847
77R1232 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to special appointments in suits affecting the
1-3 parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 107.001, Family Code, is amended by
1-6 adding Subsection (g) to read as follows:
1-7 (g) A guardian ad litem appointed under this section who is
1-8 an attorney is presumed to be providing legal services on behalf of
1-9 the child, notwithstanding the title assigned to the attorney in
1-10 the order of appointment. If a court intends for an attorney to
1-11 serve solely as guardian ad litem without providing legal services
1-12 on behalf of the child, the order of appointment must specifically
1-13 state that intent. An attorney appointed solely as guardian ad
1-14 litem has only the powers and duties specified for a guardian ad
1-15 litem who is not an attorney, including the right to testify in
1-16 court.
1-17 SECTION 2. Section 107.002, Family Code, is amended by
1-18 amending Subsections (d) and (e) and adding Subsection (g) to read
1-19 as follows:
1-20 (d) An attorney who is appointed as guardian ad litem for a
1-21 child and is providing legal services on behalf of the child
1-22 [appointed as attorney ad litem and guardian ad litem for a child]
1-23 may not testify under Subsection (c)(6).
1-24 (e) An attorney who is appointed as guardian ad litem for a
2-1 child and is providing legal services on behalf of the child
2-2 [appointed as attorney ad litem and guardian ad litem for a child]
2-3 shall:
2-4 (1) become familiar with the American Bar
2-5 Association's standards of practice for lawyers who represent
2-6 children in abuse and neglect cases; and
2-7 (2) comply with the requirements of the Texas
2-8 Disciplinary Rules of Professional Conduct.
2-9 (g) An attorney appointed solely as guardian ad litem for a
2-10 child may not provide legal services or call, examine, or
2-11 cross-examine witnesses.
2-12 SECTION 3. Section 107.003(a), Family Code, is amended to
2-13 read as follows:
2-14 (a) A guardian ad litem appointed under this subchapter, an
2-15 attorney appointed as guardian ad litem who is providing legal
2-16 services on behalf of a child under this subchapter, or an attorney
2-17 ad litem appointed under Subchapter B is not liable for civil
2-18 damages arising from a recommendation made or an opinion given in
2-19 the capacity of guardian ad litem or attorney ad litem.
2-20 SECTION 4. Subchapter A, Chapter 107, Family Code, is
2-21 amended by adding Section 107.007 to read as follows:
2-22 Sec. 107.007. GUARDIAN AD LITEM FEES. (a) Unless the
2-23 guardian ad litem appointed for a child under this subchapter is a
2-24 volunteer advocate or an attorney providing legal services on
2-25 behalf of the child, the court shall allow the guardian a
2-26 reasonable fee, to be assessed as costs.
2-27 (b) An attorney who is appointed as guardian ad litem and is
3-1 providing legal services on behalf of a child under this chapter
3-2 shall be paid as provided by Section 107.015.
3-3 (c) An attorney appointed solely as guardian ad litem under
3-4 this subchapter shall, if compensated, be paid the rate a person
3-5 who is not an attorney would receive for the same or similar
3-6 services.
3-7 (d) The court may not award a guardian ad litem fee under
3-8 this chapter against the state, a state agency, or a political
3-9 subdivision of the state.
3-10 SECTION 5. Subchapter B, Chapter 107, Family Code, is
3-11 amended by adding Section 107.0115 to read as follows:
3-12 Sec. 107.0115. DETERMINATION OF ROLE OF ATTORNEY AD LITEM
3-13 FOR CHILD. (a) In each order of appointment under this chapter in
3-14 which an attorney is appointed to provide legal services on behalf
3-15 of a child, the court shall specify whether the attorney shall:
3-16 (1) assist the court in protecting the child's best
3-17 interests; or
3-18 (2) advocate for the child's desires.
3-19 (b) If the court fails to specify the role of an attorney
3-20 appointed to provide legal services on behalf of a child, the
3-21 attorney shall assist the court in protecting the child's best
3-22 interests.
3-23 (c) An attorney appointed to advocate for the child's
3-24 desires shall make a good faith effort to determine and advocate
3-25 for the objectives established by the child, without regard to the
3-26 child's best interests.
3-27 (d) Unless otherwise directed by the child, an attorney
4-1 appointed to provide legal services on behalf of a child shall
4-2 ensure that the child's preferences, opinions, and desires are
4-3 brought to the attention of the court, regardless of whether the
4-4 attorney believes those preferences, opinions, or desires are in
4-5 the child's best interests.
4-6 SECTION 6. Section 107.014, Family Code, is amended by adding
4-7 Subsection (c) to read as follows:
4-8 (c) An attorney ad litem whose role is to assist the court
4-9 in protecting the child's best interests shall have, in addition to
4-10 the powers and duties specified in Subsections (a) and (b), the
4-11 duty to:
4-12 (1) ensure that all evidence bearing on the child's
4-13 best interests is presented to the court, including evidence
4-14 relating to the present or future physical, mental, emotional,
4-15 educational, social, disciplinary, and developmental needs of the
4-16 child;
4-17 (2) provide legal services necessary to assist the
4-18 court in protecting the child;
4-19 (3) take any action necessary to expedite the
4-20 proceedings and to encourage settlement to reduce trauma to the
4-21 child; and
4-22 (4) bring to the attention of the court facts that may
4-23 bear on the advisability of a proposed settlement of the suit.
4-24 SECTION 7. (a) This Act takes effect September 1, 2001.
4-25 (b) The change in law made by this Act applies only to a
4-26 suit affecting the parent-child relationship filed on or after the
4-27 effective date of this Act. A suit filed before the effective date
5-1 of this Act is governed by the law in effect on the date the suit
5-2 was filed, and the former law is continued in effect for that
5-3 purpose.