Bill Text: TX HB147 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-04-12 - Left pending in committee [HB147 Detail]

Download: Texas-2021-HB147-Introduced.html

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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.