79R1921 KSD-D

By:  Naishtat                                                     H.B. No. 227



A BILL TO BE ENTITLED

AN ACT

relating to the completion of continuing legal education by 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)  An attorney ad litem appointed for a child in a 
proceeding under Chapter 262 or 263 shall complete at least three 
hours of continuing legal education relating to child advocacy as 
described by Subsection (c) as soon as practicable after the 
attorney ad litem's appointment.  An attorney ad litem is not 
required to comply with this subsection if the court finds that the 
attorney ad litem has experience equivalent to the required 
education.
	(c)  The continuing legal education required by Subsection 
(b) must:  
		(1)  be low-cost, available on the Internet, and 
provided through the State Bar of Texas; and
		(2)  focus on the duties of an attorney ad litem in, and 
the procedures of and best practices for, a proceeding under 
Chapter 262 or 263.
	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.  The State Bar of Texas shall adopt rules 
governing the reporting of an attorney ad litem's timely completion 
of the continuing legal education required by Section 107.004(b), 
Family Code, as added by this Act.
	SECTION 4.  This Act takes effect September 1, 2005.