BILL ANALYSIS

C.S.H.B. 3382

By: Campos

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Department of Family and Protective Services (DFPS) has expressed concerns over inconsistent and insufficient representation from court-appointed guardians ad litem (GAL) and attorneys ad litem (AAL) for both at-risk children and their parents and guardians while such children are in DFPS managed conservatorship. As an example, the bill author has informed the committee that court-appointed AALs or GALs may meet as late as the day before or even the day of a scheduled hearing, which is inadequate representation in Texas. C.S.H.B. 3382 seeks to address these issues by providing a more defined timeline of when court-appointed GALs and AALs must consult with their clients, requiring interviews with each person who has significant knowledge of an applicable child's history and condition, and providing for reviews of a child's safety and well-being to take place at least once each month.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3382 amends the Family Code with respect to court-ordered representation in suits affecting the parent-child relationship and appointments in certain of those suits by a governmental entity.

Duties of Guardian Ad Litem, Attorney Ad Litem, or Amicus Attorney

C.S.H.B. 3382 revises certain statutory provisions that impose duties on a guardian ad litem appointed for a child and on an attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court.

Required Interviews

C.S.H.B. 3382 makes the requirement for such a guardian ad litem, attorney ad litem, or amicus attorney to interview an applicable child in a developmentally appropriate manner within a specified period of their respective appointments applicable to a child three years of age or older instead of a child four years of age or older as required under current law. The bill sets a deadline of not later than the seventh business day after the date of appointment by which the guardian or attorney must conduct that child's interview and the interview of the parties to the suit. In addition, the bill does the following:

· requires such guardians and attorneys to interview the child's caregiver or the administrator of the licensed child-placing agency that placed the child not later than the seventh business day after the date of appointment; and

· sets a deadline of not later than the 30th business day after the date of appointment by which such guardians and attorneys must interview each person who has significant knowledge of the child's history and condition, including educators, child welfare service providers, and any foster parent of the child.

Additional Duties of Guardian Ad Litem for Child

C.S.H.B. 3382, with respect to the requirement in current law that a guardian ad litem appointed to represent a child placed in the managing conservatorship of the Department of Family and Protective Services (DFPS) determine whether the child's educational needs and goals have been identified and addressed before each scheduled hearing to review the child's placement, requires the guardian ad litem to make that determination at least 72 hours before each scheduled hearing.

Additional Duties of Attorney Ad Litem for Child

C.S.H.B. 3382 revises provisions applicable to certain additional duties required of an attorney ad litem who has been appointed to represent a child in a suit by a governmental entity to protect the health and safety of a child, in a proceeding regarding the review of the placement of children under the care of the DFPS, or in a proceeding regarding child welfare services. Specifically, the bill does the following:

· with respect to the requirement that the attorney ad litem meet before each applicable court hearing with a child who is at least four years of age or, if the child is younger than four years of age, with the individual with whom the child ordinarily resides, requires the meeting to take place at least 72 hours before each applicable hearing;

· with respect to the requirement that the attorney ad litem appointed to represent a child in the managing conservatorship of DFPS or a child who is the subject of a proceeding regarding child welfare services make a determination of whether the child's educational needs and goals have been identified and addressed before each scheduled hearing, requires that determination to be made at least 72 hours before each scheduled hearing; and

· with respect to the requirement that the attorney ad litem appointed to represent a child in the managing conservatorship of DFPS or a child who is the subject of a proceeding regarding child welfare services periodically continue to review the child's safety and well-being and take appropriate action when necessary to address an issue of concern, requires that review to take place instead at least once each month.

Single Source Continuum Contractor

C.S.H.B. 3382 revises the following provisions that reference DFPS to refer instead to DFPS or a single source continuum contractor:

· requirements for a guardian ad litem or attorney ad litem appointed for a child in certain proceedings to ascertain whether the child, if the child is at least 16 years of age, has received any personal documents DFPS determines are appropriate; and

· a provision entitling an attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court to participate in any case staffing concerning the child conducted by DFPS.

Deadline for Mandatory Appointment of Guardian Ad Litem or Attorney Ad Litem

Guardian Ad Litem

C.S.H.B. 3382 sets a deadline by which a court must appoint a guardian ad litem to represent the interests of a child in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child at not later than 72 hours before a full adversary hearing.

Attorney Ad Litem

C.S.H.B. 3382 sets a deadline by which a court must appoint an attorney ad litem to represent the interest of a child in a suit filed by a governmental entity seeking termination of the parent-child relationship or to be named conservator of a child at not later than 72 hours before a full adversary hearing.

Duties of Attorney Ad Litem for Parent

C.S.H.B. 3382 sets a deadline of not later than the seventh business day after the date of appointment by which an attorney ad litem appointed to represent the interests of a parent must interview the parent, unless the parent's location is unknown, each person who has significant knowledge of the case, and the parties to the suit. The bill also sets a deadline of at least 72 hours before each court hearing by which such an attorney must meet with the parent unless the attorney qualifies for an exception as provided under current law.

Applicability

C.S.H.B. 3382 applies only to a suit affecting the parent-child relationship filed on or after the bill's effective date. A suit affecting the parent-child relationship filed before that date is governed by the law in effect on the date the suit was filed, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3382 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the deadline by which a guardian ad litem or attorney ad litem appointed for a child or an applicable amicus attorney must interview each person who has significant knowledge of the child's history and condition from not later than the 15th business day after the date of appointment, as in the introduced, to not later than the 30th business day after the date of appointment.

The substitute omits provisions from the introduced that made the following changes to statutory provisions that set out additional duties for a guardian ad litem or attorney ad litem appointed for a child in certain types of proceedings:

· made the requirement that the guardian or attorney ascertain whether a child has received certain specified documents applicable to a child who is at least 17 years of age instead of a child who is at least 16 years of age as required under current law;

· required the guardian or attorney to ascertain for a child at least 13 years of age whether the child has received a personal identification certificate; and

· removed the requirement that the guardian or attorney 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 DFPS.

The substitute omits the provisions from the introduced that made certain revisions to statutory provisions relating to the substituted judgment of an attorney ad litem appointed to represent a child or an attorney appointed in the dual role if the child cannot meaningfully formulate the child's objectives of representation in a case.