81R8882 MCK-D

By: Watson S.B. No. 1767

A BILL TO BE ENTITLED

AN ACT

relating to practices and procedures in child abuse and neglect cases.

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

SECTION 1. Chapter 104, Family Code, is amended by adding Section 104.0015 to read as follows:

Sec. 104.0015. PROCEDURES FOR TESTIMONY OF CHILDREN. The supreme court, by rule, shall establish procedures to make the courtroom environment more accommodating to children who must testify in court.

SECTION 2. Section 107.004(b), Family Code, is amended to read as follows:

(b) An attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall complete at least four [three] hours of continuing legal education relating to child advocacy as described by Subsection (c) as soon as practicable after the attorney ad litem's appointment. At least one hour of the training must relate to substance abuse and its impact on child abuse and neglect cases. An attorney ad litem is not required to comply with this subsection if the court finds that the attorney ad litem has experience equivalent to the required education.

SECTION 3. Subchapter A, Chapter 107, Family Code, is amended by adding Sections 107.0041 and 107.0042 to read as follows:

Sec. 107.0041. ATTORNEY AD LITEM REGISTRY. (a) In this section, "commission" means the Permanent Judicial Commission for Children, Youth and Families established by the supreme court.

(b) The commission, in conjunction with the State Bar of Texas, shall compile an attorney ad litem registry that includes:

(1) the name of each attorney eligible for appointment as an attorney ad litem for a child; and

(2) a brief description of:

(A) the attorney's qualifications; and

(B) the ad litem training the attorney has completed.

(c) The commission shall make the registry available:

(1) on the supreme court's Internet website; and

(2) at each courthouse in the state containing a court that has jurisdiction in family law cases.

Sec. 107.0042. PROCEDURES FOR APPOINTING ATTORNEY AD LITEM. Before appointing an attorney to serve as an attorney ad litem, the court must consider:

(1) the ability of the attorney to handle the ad litem duties in addition to the attorney's other work, including the number of cases for which the attorney is already serving as an ad litem; and

(2) the complexity of the case and the time required to adequately represent the child's interests.

SECTION 4. Subchapter A, Chapter 107, Family Code, is amended by adding Section 107.0046 to read as follows:

Sec. 107.0046. PROHIBITED APPOINTMENT. A court may not appoint an attorney to serve as an attorney ad litem for a child if the attorney, during a previous attorney ad litem appointment, failed to perform the duties required by Sections 107.003 and 107.004.

SECTION 5. Section 22.110(b), Government Code, is amended to read as follows:

(b) The court of criminal appeals shall adopt the rules necessary to accomplish the purposes of this section. The rules must require each district judge, judge of a statutory county court, associate judge appointed under Chapter 54 of this code or Chapter 201, Family Code, master, referee, and magistrate to complete at least 13 [12] hours of the training within the judge's first term of office or the judicial officer's first four years of service and provide a method for certification of completion of that training. At least one hour of the training must cover the topic described by Subsection (d)(9). At least four hours of the training must be dedicated to issues related to child abuse and neglect and must cover at least two of the topics described in Subsections (d)(8), (10), (11), and (12) [(d)(8)-(12)]. At least six hours of the training must be dedicated to the training described by Subsections (d)(5), (6), and (7). The rules must require each judge and judicial officer to complete an additional five hours of training during each additional term in office or four years of service. At least two hours of the additional training must be dedicated to issues related to child abuse and neglect. The rules must exempt from the training requirement of this subsection each judge or judicial officer who files an affidavit stating that the judge or judicial officer does not hear any cases involving family violence, sexual assault, or child abuse and neglect.

SECTION 6. The Permanent Judicial Commission for Children, Youth and Families established by the Supreme Court of Texas shall study the best practices for representation of children in child abuse and neglect cases, appropriate training and education requirements for judges and attorneys involved in child protective services cases, and the potential need for more oversight and enforcement. Not later than October 1, 2010, the commission shall submit a report containing suggested statutory or rule changes to the governor, the lieutenant governor, the speaker of the house of representatives, and the chair of the standing committee of each house of the legislature with primary jurisdiction over child abuse and neglect issues.

SECTION 7. (a) The change in law made by this Act to Section 107.004(b), Family Code, applies only to an attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, on or after the effective date of this Act. An attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, before the effective date of this Act is governed by the law in effect on the date the attorney ad litem was appointed, and the former law is continued in effect for that purpose.

(b) The change in law made by this Act to Section 22.110, Government Code, regarding the training required in a judge's first term or judicial officer's first four years of service, applies only to a judge or judicial officer who has not completed the initial training related to family violence, sexual assault, and child abuse and neglect required by that section before September 1, 2009.

SECTION 8. This Act takes effect September 1, 2009.