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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of an attorney ad litem appointed |
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for a parent in certain suits affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 107, Family Code, is |
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amended by adding Sections 107.0131 and 107.0132 to read as |
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follows: |
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Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR |
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PARENT. (a) An attorney ad litem appointed under Section 107.013 |
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to represent the interests of a parent, including an alleged |
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father: |
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(1) shall: |
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(A) subject to Rules 4.02, 4.03, and 4.04, Texas |
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Disciplinary Rules of Professional Conduct, and within a reasonable |
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time after the appointment, interview: |
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(i) the parent, unless the parent's |
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location is unknown; |
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(ii) each person who has significant |
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knowledge of the case; and |
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(iii) the parties to the suit; |
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(B) investigate the facts of the case; |
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(C) obtain and review copies of relevant records; |
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(D) take any action consistent with the parent's |
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interests that the attorney ad litem considers necessary to |
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expedite the proceedings; |
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(E) encourage settlement and the use of |
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alternative forms of dispute resolution; |
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(F) review and sign, or decline to sign, a |
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proposed or agreed order affecting the parent; |
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(G) meet before each court hearing with the |
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parent, unless the court: |
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(i) finds at that hearing that the attorney |
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ad litem has shown good cause why the attorney ad litem's compliance |
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is not feasible or in the best interest of the parent; or |
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(ii) on a showing of good cause, authorizes |
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the attorney ad litem to comply by conferring with the parent, as |
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appropriate, by telephone or video conference; |
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(H) become familiar with the American Bar |
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Association's standards of practice for attorneys who represent |
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parents in abuse and neglect cases; and |
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(I) complete at least three hours of continuing |
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legal education relating to child protection law as described by |
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Subsection (b) as soon as practicable after the attorney ad litem is |
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appointed, unless the court finds that the attorney ad litem has |
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experience equivalent to that education; |
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(2) must be trained in child protection law or have |
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experience determined by the court to be equivalent to that |
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training; and |
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(3) is entitled to: |
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(A) request clarification from the court if the |
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role of the attorney ad litem is ambiguous; |
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(B) request a hearing or trial on the merits; |
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(C) consent or refuse to consent to an interview |
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of the parent by another attorney; |
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(D) receive a copy of each pleading or other |
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paper filed with the court; |
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(E) receive notice of each hearing in the suit; |
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(F) participate in any case staffing concerning |
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the parent or child conducted by an authorized agency; and |
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(G) attend all legal proceedings in the suit. |
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(b) The continuing legal education required by Subsection |
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(a)(1)(I) must: |
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(1) be low-cost and available to persons throughout |
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this state, including on the Internet provided through the State |
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Bar of Texas; and |
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(2) focus on the duties of an attorney ad litem in, and |
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the procedures of and best practices for, a proceeding under |
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Chapter 262 or 263. |
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Sec. 107.0132. DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT. |
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An attorney ad litem appointed for a parent, including an alleged |
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father, who fails to perform the duties required by Section |
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107.0131 is subject to disciplinary action under Subchapter E, |
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Chapter 81, Government Code. |
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SECTION 2. Sections 107.0131 and 107.0132, Family Code, as |
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added by this Act, apply only to an attorney ad litem in a suit |
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affecting the parent-child relationship appointed on or after the |
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effective date of this Act. An attorney ad litem appointed before |
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that date is governed by the law in effect on the date the attorney |
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ad litem was appointed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |