79R1920 KSD-D

By:  Naishtat                                                     H.B. No. 226



A BILL TO BE ENTITLED

AN ACT

relating to the duties of an attorney ad litem appointed for a child 
in certain proceedings regarding the abuse or neglect of the child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 107.004, Family Code, is amended to read 
as follows:     
	Sec. 107.004.  ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR 
CHILD.  (a)  Except as otherwise provided by this chapter, the 
attorney ad litem appointed for a child shall:
		(1)  seek to elicit in a developmentally appropriate 
manner the child's expressed objectives of representation;
		(2)  advise the child;                                                        
		(3)  provide guidance to the child;                                           
		(4)  represent the child's expressed objectives of 
representation and follow the child's expressed objectives of 
representation during the course of litigation if the attorney ad 
litem determines that the child is competent to understand the 
nature of an attorney-client relationship and has formed that 
relationship with the attorney ad litem;
		(5)  consider the impact on the child in formulating 
the attorney ad litem's presentation of the child's expressed 
objectives of representation to the court; and
		(6)  become familiar with:                                                    
			(A)  the American Bar Association's standards of 
practice for attorneys who represent children in abuse and neglect 
cases; and
			(B)  the suggested amendments to those standards 
adopted by the National Association of Counsel for Children.
	(b)  Except as provided by Subsection (c), an attorney ad 
litem appointed for a child in a proceeding under Chapter 262 or 263 
shall meet before each court hearing with:
		(1)  the child, if the child is at least four years of 
age; or       
		(2)  the individual with whom the child ordinarily 
resides, including the child's parent, conservator, guardian, 
caretaker, or custodian, if the child is younger than four years of 
age.
	(c)  An attorney ad litem appointed for a child in a 
proceeding under Chapter 262 or 263 is not required to comply with 
Subsection (b) before a hearing if the court finds at that hearing 
that the attorney ad litem has shown good cause why the attorney ad 
litem's compliance with that subsection is not feasible or in the 
best interest of the child.
	SECTION 2.  The changes in law made by this Act apply only to 
an attorney ad litem for a child appointed in a proceeding under 
Chapter 262 or 263, Family Code, on or after the effective date of 
this Act.  An attorney ad litem for a child appointed in a 
proceeding under Chapter 262 or 263, Family Code, before the 
effective date of this Act is governed by the law in effect on the 
date the attorney ad litem was appointed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.