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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of an attorney ad litem for a child in |
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certain suits affecting the parent-child relationship filed by a |
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governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.012, Family Code, is amended to read |
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as follows: |
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Sec. 107.012. [MANDATORY] APPOINTMENT OF ATTORNEY AD LITEM |
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FOR CHILD. (a) In a suit filed by a governmental entity requesting |
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termination of the parent-child relationship [or to be named
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conservator of a child], the court shall appoint an attorney ad |
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litem to represent the interests of the child immediately after the |
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filing, but before the full adversary hearing, to ensure adequate |
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representation of the child. |
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(b) In a suit filed by a governmental entity requesting to |
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be named conservator of a child, the court may appoint an attorney |
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ad litem to represent the interests of the child. An appointment |
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made under this subsection must be made immediately after the |
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filing, but before the full adversary hearing, to ensure adequate |
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representation of the child. |
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SECTION 2. Section 107.0125(a), Family Code, is amended to |
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read as follows: |
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(a) The [In order to comply with the mandatory appointment
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of a guardian ad litem under Section 107.011 and the mandatory
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appointment of an attorney ad litem under Section 107.012, the] |
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court may appoint an attorney to serve in the dual role of guardian |
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ad litem under Section 107.011 and attorney ad litem under Section |
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107.012. |
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SECTION 3. The heading to Section 107.013, Family Code, is |
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amended to read as follows: |
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Sec. 107.013. [MANDATORY] APPOINTMENT OF ATTORNEY AD LITEM |
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FOR PARENT. |
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SECTION 4. Section 107.013, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In a suit filed by a governmental entity requesting |
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temporary managing conservatorship of a child, the court may |
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appoint an attorney ad litem to represent the interests of: |
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(1) a parent served by citation by publication; |
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(2) an alleged father who failed to register with the |
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registry under Chapter 160 and whose identity or location is |
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unknown; or |
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(3) an alleged father who registered with the |
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paternity registry under Chapter 160, but the petitioner's attempt |
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to personally serve citation at the address provided to the |
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registry and at any other address for the alleged father known by |
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the petitioner has been unsuccessful. |
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SECTION 5. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |