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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of an attorney ad litem appointed for a child |
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to meet with the child before court hearings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 107.004(d), (d-1), and (e), Family |
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Code, are amended to read as follows: |
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(d) Except as provided by Subsection (e): |
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(1) [,] an attorney ad litem appointed for a child in a |
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proceeding under Chapter 262 or 263 or a representative of the |
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attorney ad litem shall[:
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[(1)] meet before each court hearing with: |
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(A) the child, if the child is at least four years |
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of age; or |
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(B) the individual with whom the child ordinarily |
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resides, including the child's parent, conservator, guardian, |
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caretaker, or custodian, if the child is younger than four years of |
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age; and |
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(2) if the child or individual is not present at the |
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court hearing, the attorney ad litem shall file a written statement |
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with the court indicating that the attorney ad litem complied with |
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Subdivision (1). |
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(d-1) A meeting required by Subsection (d) must take place: |
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(1) a sufficient time before the hearing to allow the |
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attorney ad litem to prepare for the hearing in accordance with the |
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child's expressed objectives of representation; and |
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(2) in a private setting that allows for confidential |
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communications between the attorney ad litem or representative and |
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the child or individual with whom the child ordinarily resides, as |
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applicable. |
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(e) An attorney ad litem appointed for a child in a |
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proceeding under Chapter 262 or 263 is not required to comply with |
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Subsection (d) before a hearing if the court finds at that hearing |
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that the attorney ad litem has shown good cause why the attorney ad |
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litem's compliance with that subsection is not feasible or in the |
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best interest of the child. Additionally, a court may, on a showing |
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of good cause, authorize an attorney ad litem to comply with |
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Subsection (d) by conferring or having a representative confer with |
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the child or other individual, as appropriate, by telephone or |
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video conference. |
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SECTION 2. This Act takes effect September 1, 2015. |