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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 guardians ad litem and |
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volunteer advocates representing children in the managing |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.002(b-1), Family Code, is amended to |
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read as follows: |
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(b-1) In addition to the duties required by Subsection (b), |
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a guardian ad litem appointed for a child in a proceeding under |
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Chapter 262 or 263 shall: |
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(1) review the medical care provided to the child; |
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(2) in a developmentally appropriate manner, seek to |
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elicit the child's opinion on the medical care provided; |
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(3) for a child at least 16 years of age, ascertain |
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whether the child has received the following documents: |
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(A) a certified copy of the child's birth |
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certificate; |
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(B) a social security card or a replacement |
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social security card; |
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(C) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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and |
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(D) any other personal document the Department of |
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Family and Protective Services determines appropriate; [and] |
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(4) seek to elicit in a developmentally appropriate |
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manner the name of any adult, particularly an adult residing in the |
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child's community, who could be a relative or designated caregiver |
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for the child and immediately provide the names of those |
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individuals to the Department of Family and Protective Services; |
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(5) not later than the 30th day after the date the |
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guardian ad litem is appointed, inform the child of the child's |
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rights under Section 263.008 and provide the child with a written |
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copy of those rights; and |
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(6) record the date the guardian ad litem provided the |
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information required by Subdivision (5). |
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SECTION 2. Section 107.031(c), Family Code, is amended to |
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read as follows: |
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(c) A court-certified volunteer advocate appointed under |
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this section may be assigned to act as a surrogate parent for the |
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child, as provided by 20 U.S.C. Section 1415(b), if: |
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(1) the child is in the conservatorship of the |
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Department of Family and Protective Services; |
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(2) the volunteer advocate is serving as guardian ad |
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litem for the child; |
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(3) a foster parent of the child is not acting as the |
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child's parent under Section 29.015, Education Code; [and] |
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(4) the volunteer advocate completes a training |
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program for surrogate parents that complies with minimum standards |
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established by rule by the Texas Education Agency within the time |
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specified by Section 29.015(b), Education Code; and |
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(5) the volunteer advocate completes training on: |
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(A) the child's rights under Section 263.008; and |
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(B) the procedure for the child to report abuse |
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or neglect, including using the statewide toll-free telephone |
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hotline. |
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SECTION 3. The changes in law made by this Act apply only to |
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a guardian ad litem or volunteer advocate in a suit affecting the |
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parent-child relationship appointed on or after the effective date |
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of this Act. A guardian ad litem or volunteer advocate appointed |
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before that date is governed by the law in effect on the date the |
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guardian ad litem or volunteer advocate was appointed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |