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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of volunteer advocates as guardians ad |
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litem in suits affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.031, Family Code, is amended to read |
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as follows: |
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Sec. 107.031. VOLUNTEER ADVOCATES AS GUARDIANS AD LITEM. |
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(a) In a suit filed by a governmental entity requesting termination |
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of the parent-child relationship or appointment of the entity as |
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conservator of the child, the court may appoint a charitable |
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organization composed of volunteer advocates whose charter |
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mandates the provision of services to allegedly abused and |
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neglected children or an individual who has received the court's |
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approved training regarding abused and neglected children and who |
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has been certified by the court to appear at court hearings as a |
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guardian ad litem for the child or as a volunteer advocate for the |
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child if the court makes a determination that it is in the best |
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interest of the child to appoint the child's attorney ad litem in |
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the dual role. |
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(b) In a suit other than a suit filed by a governmental |
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entity requesting termination of the parent-child relationship or |
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appointment of the entity as conservator of the child, the court may |
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appoint a charitable organization composed of volunteer advocates |
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whose training provides for the provision of services in private |
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custody disputes or a person who has received the court's approved |
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training regarding the subject matter of the suit and who has been |
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certified by the court to appear at court hearings as a guardian ad |
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litem for the child [or as a volunteer advocate for the child]. A |
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person appointed under this subsection is not entitled to fees |
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under Section 107.023. |
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(c) A court-certified volunteer advocate appointed as |
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guardian ad litem for a child under this section may be assigned to |
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act as a surrogate parent for the child, as provided by 20 U.S.C. |
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Section 1415(b), if: |
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(1) the child is in the conservatorship of the |
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Department of Family and Protective Services; and |
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(2) [the volunteer advocate is serving as guardian ad
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litem for the child; and
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[(3)] a foster parent of the child is not acting as the |
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child's parent under Section 29.015, Education Code. |
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SECTION 2. 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 3. This Act takes effect September 1, 2009. |