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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding the appointment and use of attorneys |
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ad litem in cases involving the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section: |
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(1) "Attorney ad litem" has the meaning assigned by |
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Section 107.001, Family Code. |
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(2) "Commission" means the Permanent Judicial |
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Commission for Children, Youth and Families established by the |
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supreme court. |
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(b) The commission shall study the appointment and use of |
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attorneys ad litem in cases involving the Department of Family and |
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Protective Services. The commission shall: |
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(1) examine: |
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(A) the method for appointing attorneys ad litem; |
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(B) the oversight and accountability measures |
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used across the state to monitor attorneys ad litem; |
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(C) the methods by which qualifications for |
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appointment as an attorney ad litem and training requirements for |
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an attorney ad litem are established and enforced; |
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(D) the timing of and duration of appointments; |
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(E) the rate of compensation for appointments and |
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the method for establishing compensation rates across the state; |
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(F) the quality of representation and methods for |
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assessing performance of attorneys ad litem; |
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(G) the pretrial and posttrial client |
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satisfaction with representation by attorneys ad litem |
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representing parents and attorneys ad litem representing children; |
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(H) organizational studies and national |
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standards related to the workload of attorneys ad litem; |
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(I) the best practices for attorneys ad litem; |
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and |
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(J) the estimated and average costs associated |
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with legal representation by an attorney ad litem per child |
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compared with the costs associated with foster care per child; |
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(2) conduct a survey of attorneys ad litem about the |
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attorney's training, including: |
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(A) the attorney's legal education; |
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(B) whether the attorney is certified as a |
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specialist by the Texas Board of Legal Specialization in any area of |
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law; and |
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(C) the professional standards followed by the |
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attorney; |
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(3) perform a statistical analysis of the data and |
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information collected under Subdivisions (1) and (2) of this |
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subsection; and |
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(4) develop policy recommendations for improving the |
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attorney ad litem appointment process. |
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(c) The commission shall prepare a report based on the |
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findings of the study conducted under this section and shall submit |
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the report to each member of the legislature not later than |
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September 1, 2018. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |