S.B. No. 2049
 
 
 
 
AN ACT
  relating to guardians ad litem for children who are in the juvenile
  justice system and the child protective services system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.11, Family Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (d), and (e)
  to read as follows:
         (a)  In this section:
               (1)  "Dual-system child" means a child who, at any time
  before the child's 18th birthday, was referred to the juvenile
  justice system and was involved in the child welfare system by
  being:
                     (A)  placed in the temporary or permanent managing
  conservatorship of the Department of Family and Protective
  Services;
                     (B)  the subject of a family-based safety services
  case with the Department of Family and Protective Services;
                     (C)  an alleged victim of abuse or neglect in an
  active case being investigated by the Department of Family and
  Protective Services child protective investigations division; or
                     (D)  a victim in a case in which the Department of
  Family and Protective Services investigation concluded that there
  was a reason to believe that abuse or neglect occurred.
               (2)  "Dual-status child" means a dual-system child who
  is involved with both the child welfare and juvenile justice
  systems at the same time.
         (a-1)  If a child appears before the juvenile court without a
  parent or guardian, the court shall appoint a guardian ad litem to
  protect the interests of the child. The juvenile court need not
  appoint a guardian ad litem if a parent or guardian appears with the
  child.
         (d)  The juvenile court may appoint the guardian ad litem
  appointed under Chapter 107 for a child in a suit affecting the
  parent-child relationship filed by the Department of Family and
  Protective Services to serve as the guardian ad litem for the child
  in a proceeding held under this title.
         (e)  A non-attorney guardian ad litem in a case involving a
  dual-system child may not:
               (1)  investigate any charges involving a dual-status
  child that are pending with the juvenile court; or
               (2)  offer testimony concerning the guilt or innocence
  of a dual-status child.
         SECTION 2.  Section 54.01(c), Family Code, is amended to
  read as follows:
         (c)  At the detention hearing, the court may consider written
  reports from probation officers, professional court employees,
  guardians ad litem appointed under Section 51.11(d), or
  professional consultants in addition to the testimony of witnesses.
  Prior to the detention hearing, the court shall provide the
  attorney for the child with access to all written matter to be
  considered by the court in making the detention decision. The court
  may order counsel not to reveal items to the child or the child's 
  [his] parent, guardian, or guardian ad litem if such disclosure
  would materially harm the treatment and rehabilitation of the child
  or would substantially decrease the likelihood of receiving
  information from the same or similar sources in the future.
         SECTION 3.  Section 54.02(e), Family Code, is amended to
  read as follows:
         (e)  At the transfer hearing the court may consider written
  reports from probation officers, professional court employees,
  guardians ad litem appointed under Section 51.11(d), or
  professional consultants in addition to the testimony of witnesses.
  At least five days prior to the transfer hearing, the court shall
  provide the attorney for the child and the prosecuting attorney
  with access to all written matter to be considered by the court in
  making the transfer decision. The court may order counsel not to
  reveal items to the child or the child's parent, guardian, or
  guardian ad litem if such disclosure would materially harm the
  treatment and rehabilitation of the child or would substantially
  decrease the likelihood of receiving information from the same or
  similar sources in the future.
         SECTION 4.  Section 54.04(b), Family Code, is amended to
  read as follows:
         (b)  At the disposition hearing, the juvenile court,
  notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
  Criminal Procedure, may consider written reports from probation
  officers, professional court employees, guardians ad litem
  appointed under Section 51.11(d), or professional consultants in
  addition to the testimony of witnesses. On or before the second day
  before the date of the disposition hearing, the court shall provide
  the attorney for the child and the prosecuting attorney with access
  to all written matter to be considered by the court in disposition.
  The court may order counsel not to reveal items to the child or the
  child's parent, guardian, or guardian ad litem if such disclosure
  would materially harm the treatment and rehabilitation of the child
  or would substantially decrease the likelihood of receiving
  information from the same or similar sources in the future.
         SECTION 5.  Section 54.05(e), Family Code, is amended to
  read as follows:
         (e)  After the hearing on the merits or facts, the court may
  consider written reports from probation officers, professional
  court employees, guardians ad litem appointed under Section
  51.11(d), or professional consultants in addition to the testimony
  of other witnesses. On or before the second day before the date of
  the hearing to modify disposition, the court shall provide the
  attorney for the child and the prosecuting attorney with access to
  all written matter to be considered by the court in deciding whether
  to modify disposition. The court may order counsel not to reveal
  items to the child or the child's [his] parent, guardian, or
  guardian ad litem if such disclosure would materially harm the
  treatment and rehabilitation of the child or would substantially
  decrease the likelihood of receiving information from the same or
  similar sources in the future.
         SECTION 6.  Section 54.11(d), Family Code, is amended to
  read as follows:
         (d)  At a hearing under this section the court may consider
  written reports and supporting documents from probation officers,
  professional court employees, guardians ad litem appointed under
  Section 51.11(d), professional consultants, employees of the Texas
  Juvenile Justice Department, or employees of a post-adjudication
  secure correctional facility in addition to the testimony of
  witnesses. On or before the fifth day before the date of the
  hearing, the court shall provide the attorney for the person to be
  transferred or released under supervision with access to all
  written matter to be considered by the court. All written matter is
  admissible in evidence at the hearing.
         SECTION 7.  Section 107.011, Family Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The court may appoint the person appointed as guardian
  ad litem for the child under Section 51.11 to also serve as the
  guardian ad litem for the child under this section if the person is
  qualified under this chapter to serve as guardian ad litem.
         SECTION 8.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2049 passed the Senate on    
  April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2021, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2049 passed the House, with
  amendment, on May 18, 2021, by the following vote: Yeas 135,
  Nays 2, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor