87R3122 MLH-F
 
  By: Minjarez H.B. No. 147
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of guardians ad litem and
  volunteer advocates representing children in the managing
  conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002(b-1), Family Code, is amended to
  read as follows:
         (b-1)  In addition to the duties required by Subsection (b),
  a guardian ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 shall:
               (1)  review the medical care provided to the child;
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided;
               (3)  for a child at least 16 years of age, ascertain
  whether the child has received the following documents:
                     (A)  a certified copy of the child's birth
  certificate;
                     (B)  a social security card or a replacement
  social security card;
                     (C)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                     (D)  any other personal document the Department of
  Family and Protective Services determines appropriate; [and]
               (4)  seek to elicit in a developmentally appropriate
  manner the name of any adult, particularly an adult residing in the
  child's community, who could be a relative or designated caregiver
  for the child and immediately provide the names of those
  individuals to the Department of Family and Protective Services;
               (5)  not later than the 30th day after the date the
  guardian ad litem is appointed, inform the child of the child's
  rights under Section 263.008 and provide the child with a written
  copy of those rights; and
               (6)  record the date the guardian ad litem provided the
  information required by Subdivision (5).
         SECTION 2.  Section 107.031(c), Family Code, is amended to
  read as follows:
         (c)  A court-certified volunteer advocate appointed under
  this section may be assigned to act as a surrogate parent for the
  child, as provided by 20 U.S.C. Section 1415(b), if:
               (1)  the child is in the conservatorship of the
  Department of Family and Protective Services;
               (2)  the volunteer advocate is serving as guardian ad
  litem for the child;
               (3)  a foster parent of the child is not acting as the
  child's parent under Section 29.015, Education Code; [and]
               (4)  the volunteer advocate completes a training
  program for surrogate parents that complies with minimum standards
  established by rule by the Texas Education Agency within the time
  specified by Section 29.015(b), Education Code; and
               (5)  the volunteer advocate completes training on:
                     (A)  the child's rights under Section 263.008; and
                     (B)  the procedure for the child to report abuse
  or neglect, including using the statewide toll-free telephone
  hotline.
         SECTION 3.  The changes in law made by this Act apply only to
  a guardian ad litem or volunteer advocate in a suit affecting the
  parent-child relationship appointed on or after the effective date
  of this Act. A guardian ad litem or volunteer advocate appointed
  before that date is governed by the law in effect on the date the
  guardian ad litem or volunteer advocate was appointed, and the
  former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.