By: Herrero, Naishtat, Kent H.B. No. 1943

Substitute the following for H.B. No. 1943:

By: Rose C.S.H.B. No. 1943

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of volunteer advocates as guardians ad litem in suits affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 107.031, Family Code, is amended to read as follows:

Sec. 107.031. VOLUNTEER ADVOCATES AS GUARDIANS AD LITEM. (a) In a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint a charitable organization composed of volunteer advocates whose charter mandates the provision of services to allegedly abused and neglected children or an individual who has received the court's approved training regarding abused and neglected children and who has been certified by the court to appear at court hearings as a guardian ad litem for the child [or as a volunteer advocate for the child].

(b) In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint a charitable organization composed of volunteer advocates whose training provides for the provision of services in private custody disputes or a person who has received the court's approved training regarding the subject matter of the suit and who has been certified by the court to appear at court hearings as a guardian ad litem for the child [or as a volunteer advocate for the child]. A person appointed under this subsection is not entitled to fees under Section 107.023.

(c) A court-certified volunteer advocate appointed as guardian ad litem for a child under this section may be assigned to act as a surrogate parent for the child, as provided by 20 U.S.C. Section 1415(b), if:

(1) the child is in the conservatorship of the Department of Family and Protective Services; and

(2) [the volunteer advocate is serving as guardian ad litem for the child; and

[(3)] a foster parent of the child is not acting as the child's parent under Section 29.015, Education Code.

SECTION 2. Section 263.301(b), Family Code is amended to read as follows:

(b) The following persons are entitled to at least 10 days' notice of a permanency hearing and are entitled to present evidence and be heard at the hearing:

(1) the department;

(2) the foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution where the child is residing;

(3) each parent of the child;

(4) the managing conservator or guardian of the child;

(5) an attorney ad litem appointed for the child under Chapter 107;

(6) a guardian ad litem [volunteer advocate] appointed for the child under Chapter 107; and

(7) any other person or agency named by the court to have an interest in the child's welfare.

SECTION 3. Section 263.303(a), Family Code, is amended to read as follows:

(a) Not later than the 10th day before the date set for each permanency hearing other than the first permanency hearing, the department or other authorized agency shall file with the court and provide to each party, the child's attorney ad litem, and[,] the child's guardian ad litem[, and the child's volunteer advocate] a permanency progress report unless the court orders a different period for providing the report.

SECTION 4. Section 263.501(d), Family Code, is amended to read as follows:

(d) The following are entitled to not less than 10 days' notice of a placement review hearing and are entitled to present evidence and be heard at the hearing:

(1) the department;

(2) the foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution in which the child is residing;

(3) each parent of the child;

(4) each possessory conservator or guardian of the child;

(5) the child's attorney ad litem and guardian ad litem [volunteer advocate], if the appointments were not dismissed in the final order; and

(6) any other person or agency named by the court as having an interest in the child's welfare.

SECTION 5. Section 264.107(e), Family Code, is amended to read as follows:

(e) In making placement decisions, the department shall:

(1) consult with the child's caseworker and the child's attorney ad litem or[,] guardian ad litem[, or court-appointed volunteer advocate] when possible; and

(2) use clinical protocols to match a child to the most appropriate placement resource.

SECTION 6. Section 264.408(a), Family Code, is amended to read as follows:

(a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public release under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this chapter. Disclosure may be to:

(1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families; and

(2) the attorney for the child who is the subject of the records and a guardian ad litem [court-appointed volunteer advocate] appointed for the child under Section 107.031.

SECTION 7. The changes in law made 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 8. This Act takes effect September 1, 2009.