78R7484 KLA-D
By: Wise H.B. No. 2274
A BILL TO BE ENTITLED
AN ACT
relating to procedures and orders in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.001, Family Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) In any other suit not specified in this section, the
court or an associate judge may appoint a guardian ad litem.
(g) In a suit affecting the parent-child relationship in
which the possession of or access to a child is at issue, the court:
(1) if there is no allegation of abuse or neglect of
the child, may appoint a guardian ad litem to represent the
interests of the child; and
(2) if an allegation of child abuse or neglect of the
child is made, shall appoint a guardian ad litem to represent the
interests of the child.
SECTION 2. Section 107.002, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) A guardian ad litem appointed under this subchapter in a
suit in which the possession of or access to a child is at issue
shall make recommendations to the court regarding the child,
including recommendations with respect to the terms of an order
providing for:
(1) the possession of or access to the child; and
(2) support of the child.
SECTION 3. Subchapter A, Chapter 107, Family Code, is
amended by adding Section 107.004 to read as follows:
Sec. 107.004. COMPENSATION FOR GUARDIAN AD LITEM. (a) A
guardian ad litem appointed under Section 107.001(g) may be
appointed as a volunteer or may receive reasonable fees and
expenses in the amount set by the court to be paid by the child's
parents unless the parents are indigent.
(b) If the court or associate judge determines that one or
more of the parties are able to defray the costs of a guardian ad
litem's fees and expenses as determined by the reasonable and
customary fees for similar services in the county of jurisdiction,
the fees and expenses may be ordered paid by one or more of those
parties, or the court or associate judge may order one or more of
those parties to pay before a final hearing the fees and expenses
into the registry of the court or into an account authorized by the
court for the use and benefit of the guardian ad litem on order of
the court. The fees and expenses may be taxed as costs to be
assessed against one or more of the parties.
(c) If indigency of the parents is shown, the fees and
expenses of the guardian ad litem shall be paid from the general
funds of the county.
SECTION 4. Section 262.109, Family Code, is amended by
amending Subsection (c) and adding Subsections (e) and (f) to read
as follows:
(c) The written notice must include:
(1) the reasons why the department or agency is taking
possession of the child and the facts that led the department to
believe that the child should be taken into custody;
(2) the name of the person at the department or agency
that the parent, conservator, or other custodian may contact for
information relating to the child or a legal proceeding relating to
the child;
(3) a summary of legal rights of a parent,
conservator, guardian, or other custodian under this chapter and an
explanation of the probable legal procedures relating to the child;
[and]
(4) a statement that the parent, conservator, or other
custodian has the right to hire an attorney; and
(5) a list of the names, addresses, and telephone
numbers of local social service agencies and organizations that
provide services for families and children.
(e) A list provided to a parent, conservator, or legal
guardian of a child as required by Subsection (c)(5) must be written
in a language the recipient is able to read.
(f) The department shall prepare and provide to each county
the list required by Subsection (c)(5) of social service agencies
and organizations that provide services for families and children
in that county. The department shall:
(1) review and update the list at least annually; and
(2) provide the updated list to each county.
SECTION 5. Sections 107.001 and 107.002, Family Code, as
amended by this Act, and Section 107.004, Family Code, as added by
this Act, apply only to a suit affecting the parent-child
relationship filed on or after the effective date of this Act. A
suit affecting the parent-child relationship filed before the
effective date of this Act is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 6. Section 262.109, Family Code, as amended by this
Act, applies only to the procedures relating to a child taken into
possession by a governmental entity under Chapter 262, Family Code,
on or after the effective date of this Act. The procedures relating
to a child taken into possession by a governmental entity before the
effective date of this Act are governed by the law in effect on the
date the child was taken into possession, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2003.