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A BILL TO BE ENTITLED
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AN ACT
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relating to court appointed volunteer advocates in certain 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 107.023(a), Family Code, is amended to |
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read as follows: |
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(a) 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, in addition |
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to the attorney's fees that may be awarded under Chapter 106, the |
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following persons are entitled to reasonable fees and expenses in |
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an amount set by the court and ordered to be paid by one or more |
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parties to the suit: |
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(1) an attorney appointed as an amicus attorney or as |
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an attorney ad litem for the child; and |
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(2) a professional who holds a relevant professional |
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license and who is appointed as guardian ad litem for the child[,
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other than a volunteer advocate]. |
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SECTION 2. Sections 107.031(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) In a suit filed by a governmental entity requesting |
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termination of the parent-child relationship or appointment of the |
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entity as 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 or as a volunteer advocate for the |
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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 or as a volunteer advocate for the |
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child. [A person appointed under this subsection is not entitled
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to fees under Section 107.023.] |
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SECTION 3. This Act takes effect September 1, 2009. |