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A BILL TO BE ENTITLED
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AN ACT
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relating to practices and procedures in child abuse and neglect |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 107, Family Code, is |
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amended by adding Section 107.0041 to read as follows: |
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Sec. 107.0041. PROCEDURES FOR APPOINTING ATTORNEY AD LITEM. |
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Before appointing an attorney to serve as an attorney ad litem, the |
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court must consider: |
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(1) the ability of the attorney to handle the ad litem |
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duties; |
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(2) the complexity of the case and the time required to |
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adequately represent the child's interests; and |
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(3) whether the attorney, during a previous attorney |
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ad litem appointment for the court, failed to perform the duties |
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required by Sections 107.003 and 107.004. |
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SECTION 2. Section 263.401, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (b-1) to read as |
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follows: |
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(b-1) If, after commencement of the initial trial on the |
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merits in the time described by Subsection (a), the court grants a |
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motion for new trial, the suit may not be dismissed under Subsection |
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(a). If the court retains the suit on the court's docket, the court |
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shall render an order in which the court: |
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(1) schedules a new date, not later than the 180th day |
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after the date the motion for new trial is granted, on which the |
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suit will be dismissed if the new trial has not commenced; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits to commence on a date |
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not later than the date specified under Subdivision (1). |
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(c) If the court grants an extension under Subsection (b) or |
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a new trial under Subsection (b-1) but does not commence the trial |
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on the merits before the required new date for dismissal [under
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Subsection (b)], the court shall dismiss the suit. The court may |
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not grant an additional extension that extends the suit beyond the |
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required date for dismissal under Subsection (b) or (b-1). |
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SECTION 3. Subtitle F, Title 2, Government Code, is amended |
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by adding Chapter 78 to read as follows: |
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CHAPTER 78. COURT DESIGN AND RENOVATION |
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Sec. 78.001. DEFINITION. In this chapter, "commission" |
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means the Permanent Judicial Commission for Children, Youth and |
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Families established by the supreme court. |
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Sec. 78.002. ACCOMMODATIONS FOR CHILDREN IN COURTS. |
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(a) The commission shall develop guidelines for courts to use in |
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developing or creating a child-friendly environment in the court |
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for children who must attend hearings as part of a child abuse or |
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neglect case. |
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(b) The commission shall notify the district or county clerk |
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of each county of the existence of the guidelines. The commission's |
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notice must request the clerk to notify the appropriate judges of |
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the existence of the guidelines. |
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(c) Each newly created trial court that hears child abuse |
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and neglect cases shall consider implementing the guidelines |
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developed under Subsection (a). |
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(d) The guidelines developed under Subsection (a) do not |
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affect or modify a law or rule of evidence applicable to a child's |
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testimony in a civil or criminal child abuse or neglect court case. |
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SECTION 4. The Permanent Judicial Commission for Children, |
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Youth and Families established by the Supreme Court of Texas shall |
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study the best practices for representation of children and parents |
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in child abuse and neglect cases, appropriate training and |
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education requirements for attorneys involved in child protective |
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services cases, and the potential need for more oversight and |
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enforcement. The study should identify specific means for |
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improving attorney training and should specifically address |
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substance abuse training. Not later than October 1, 2010, the |
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commission shall submit a report containing suggested statutory or |
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rule changes to the governor, the lieutenant governor, the speaker |
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of the house of representatives, and the chair of the standing |
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committee of each house of the legislature with primary |
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jurisdiction over child abuse and neglect issues. |
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SECTION 5. This Act takes effect September 1, 2009. |
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