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A BILL TO BE ENTITLED
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AN ACT
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relating to guardians ad litem for children who are in the juvenile |
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justice system and the child protective services system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.11, Family Code, is amended by adding |
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Subsections (d) and (e) to read as follows: |
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(d) The juvenile court may appoint the guardian ad litem |
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appointed under Chapter 107 for a child in a suit affecting the |
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parent-child relationship filed by the Department of Family and |
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Protective Services to serve as the guardian ad litem for the child |
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in a proceeding held under this title. |
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(e) A guardian ad litem may not investigate any charges |
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involving the child that are pending with the juvenile court. |
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SECTION 2. Section 54.01(c), Family Code, is amended to |
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read as follows: |
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(c) At the detention hearing, the court may consider written |
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reports from probation officers, professional court employees, |
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guardians ad litem appointed under Section 51.11(d), or |
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professional consultants in addition to the testimony of witnesses. |
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Prior to the detention hearing, the court shall provide the |
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attorney for the child with access to all written matter to be |
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considered by the court in making the detention decision. The court |
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may order counsel not to reveal items to the child or his parent, |
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guardian, or guardian ad litem if such disclosure would materially |
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harm the treatment and rehabilitation of the child or would |
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substantially decrease the likelihood of receiving information |
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from the same or similar sources in the future. |
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SECTION 3. Section 54.02(e), Family Code, is amended to |
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read as follows: |
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(e) At the transfer hearing the court may consider written |
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reports from probation officers, professional court employees, |
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guardians ad litem appointed under Section 51.11(d), or |
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professional consultants in addition to the testimony of witnesses. |
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At least five days prior to the transfer hearing, the court shall |
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provide the attorney for the child and the prosecuting attorney |
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with access to all written matter to be considered by the court in |
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making the transfer decision. The court may order counsel not to |
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reveal items to the child or the child's parent, guardian, or |
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guardian ad litem if such disclosure would materially harm the |
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treatment and rehabilitation of the child or would substantially |
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decrease the likelihood of receiving information from the same or |
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similar sources in the future. |
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SECTION 4. Section 54.04(b), Family Code, is amended to |
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read as follows: |
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(b) At the disposition hearing, the juvenile court, |
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notwithstanding the Texas Rules of Evidence or Chapter 37, Code of |
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Criminal Procedure, may consider written reports from probation |
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officers, professional court employees, guardians ad litem |
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appointed under Section 51.11(d), or professional consultants in |
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addition to the testimony of witnesses. On or before the second day |
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before the date of the disposition hearing, the court shall provide |
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the attorney for the child and the prosecuting attorney with access |
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to all written matter to be considered by the court in disposition. |
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The court may order counsel not to reveal items to the child or the |
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child's parent, guardian, or guardian ad litem if such disclosure |
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would materially harm the treatment and rehabilitation of the child |
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or would substantially decrease the likelihood of receiving |
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information from the same or similar sources in the future. |
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SECTION 5. Section 54.05(e), Family Code, is amended to |
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read as follows: |
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(e) After the hearing on the merits or facts, the court may |
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consider written reports from probation officers, professional |
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court employees, guardians ad litem appointed under Section |
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51.11(d), or professional consultants in addition to the testimony |
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of other witnesses. On or before the second day before the date of |
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the hearing to modify disposition, the court shall provide the |
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attorney for the child and the prosecuting attorney with access to |
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all written matter to be considered by the court in deciding whether |
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to modify disposition. The court may order counsel not to reveal |
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items to the child or his parent, guardian, or guardian ad litem if |
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such disclosure would materially harm the treatment and |
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rehabilitation of the child or would substantially decrease the |
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likelihood of receiving information from the same or similar |
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sources in the future. |
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SECTION 6. Section 54.11(d), Family Code, is amended to |
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read as follows: |
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(d) At a hearing under this section the court may consider |
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written reports and supporting documents from probation officers, |
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professional court employees, guardians ad litem appointed under |
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Section 51.11(d), professional consultants, employees of the Texas |
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Juvenile Justice Department, or employees of a post-adjudication |
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secure correctional facility in addition to the testimony of |
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witnesses. On or before the fifth day before the date of the |
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hearing, the court shall provide the attorney for the person to be |
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transferred or released under supervision with access to all |
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written matter to be considered by the court. All written matter is |
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admissible in evidence at the hearing. |
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SECTION 7. Section 107.011, Family Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) The court may appoint the person appointed as guardian |
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ad litem for the child under Section 51.11 to also serve as the |
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guardian ad litem for the child under this section. |
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(f) Notwithstanding any other law, a guardian ad litem |
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appointed under this section for a child may not investigate any |
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pending criminal or juvenile charges involving the child. |
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SECTION 8. This Act takes effect September 1, 2021. |