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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of guardians ad litem in suits |
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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 107.011, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The guardian ad litem appointed for a child under this |
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section must [may] be[:
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[(1)] a charitable organization composed of volunteer |
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advocates or an individual volunteer advocate appointed under |
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Subchapter C if there is an organization or individual volunteer |
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advocate in the county in which the court is located that is |
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available to serve as guardian ad litem for the child. |
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(b-1) If the court is unable to appoint a guardian ad litem |
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for the child as provided by Subsection (b), the court may appoint |
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one of the following individuals to serve as guardian ad litem: |
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(1) [; (2)] an adult having the competence, training, |
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and expertise determined by the court to be sufficient to represent |
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the best interests of the child; or |
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(2) [(3)] an attorney appointed in the dual role. |
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SECTION 2. Section 107.021, Family Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) A guardian ad litem for a child appointed under this |
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section must be a charitable organization composed of volunteer |
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advocates or an individual volunteer advocate appointed under |
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Subchapter C if there is an organization or individual volunteer |
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advocate in the county in which the court is located that is |
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available to serve as guardian ad litem for the child. |
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(d) If the court is unable to appoint a guardian ad litem for |
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the child as provided by Subsection (c), the court may appoint an |
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adult having the competence, training, and expertise determined by |
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the court to be sufficient to represent the best interests of the |
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child as guardian ad litem for the child. |
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SECTION 3. 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 shall [may] appoint a |
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charitable organization composed of volunteer advocates whose |
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charter 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 if there is an organization or |
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individual volunteer advocate in the county in which the court is |
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located that is available to serve as guardian ad litem [or as a
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volunteer advocate] for the child. |
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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 |
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shall [may] appoint a charitable organization composed of volunteer |
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advocates whose training provides for the provision of services in |
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private custody disputes or a person who has received the court's |
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approved training regarding the subject matter of the suit 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 if there is an organization or |
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individual volunteer advocate in the county in which the court is |
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located that is available to serve as guardian ad litem [or as a
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volunteer advocate] for the child. A person appointed under this |
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subsection is not entitled to fees 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 4. 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 5. This Act takes effect September 1, 2009. |