88R5928 AMF-D
	By: Lujan, Leo-Wilson, Neave Criado, Bailes,	H.B. No. 2794
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of a guardian ad litem in certain suits
	filed by 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 or Section 264.203 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.
	SECTION 2.  Sections 107.031(a) and (b), Family Code, are
	amended to read as follows:
	(a)  A [In a suit filed by a governmental entity requesting
	termination of the parent-child relationship or appointment of the
	entity as conservator of the child, the] court may appoint a
	charitable organization composed of volunteer advocates whose
	charter mandates the provision of services to allegedly abused and
	neglected children or an individual who has received the court's
	approved training regarding abused and neglected children and who
	has been certified by the court to appear at court hearings as a
	guardian ad litem for the child or as a volunteer advocate for the
	child in:
	(1)  a suit filed by a governmental entity requesting
	termination of the parent-child relationship or appointment of the
	entity as conservator of the child; or
	(2)  a suit filed by a governmental entity under
	Section 264.203.
	(b)  In a suit other than a suit described by Subsection (a)
	[filed by a governmental entity requesting termination of the
	parent-child relationship or appointment of the entity as
	conservator of the child], the court may appoint a charitable
	organization composed of volunteer advocates whose training
	provides for the provision of services in private custody disputes
	or a person who has received the court's approved training
	regarding the subject matter of the suit and who has been certified
	by the court to appear at court hearings as a guardian ad litem for
	the child or as a volunteer advocate for the child. A person
	appointed under this subsection is not entitled to fees under
	Section 107.023.
	SECTION 3.  Section 264.203, Family Code, is amended by
	adding Subsections (g-1), (g-2), (g-3), and (g-4) to read as
	follows:
	(g-1)  The court may appoint a guardian ad litem to represent
	the best interests of the child immediately after the filing of the
	petition but before the hearing.  The guardian ad litem for the
	child shall have the powers and duties of a guardian ad litem for a
	child under Chapter 107. The guardian ad litem appointed for the
	child may be:
	(1)  a charitable organization composed of volunteer
	advocates or an individual volunteer advocate appointed under
	Subchapter C;
	(2)  an adult with the competence, training, and
	expertise the court determines is sufficient to represent the best
	interests of the child; or
	(3)  an attorney appointed in the dual role.
	(g-2)  The court may not appoint a guardian ad litem in a suit
	filed by a governmental entity if an attorney is appointed in the
	dual role unless the court appoints another person to serve as
	guardian ad litem for the child and restricts the role of the
	attorney to acting as an attorney ad litem for the child.
	(g-3)  The court may appoint an attorney to serve as guardian
	ad litem for a child without appointing the attorney to serve in the
	dual role only if the attorney is specifically appointed to serve
	only in the role of guardian ad litem. An attorney appointed solely
	as a guardian ad litem:
	(1)  may take only those actions that may be taken by a
	nonattorney guardian ad litem; and
	(2)  may not:
	(A)  perform legal services in the case; or
	(B)  take any action that is restricted to a
	licensed attorney, including engaging in discovery other than as a
	witness, making opening and closing statements, or examining
	witnesses.
	(g-4)  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 Chapter 107 to serve as guardian ad litem.
	SECTION 4.  Section 264.601, Family Code, is amended to read
	as follows:
	Sec. 264.601.  DEFINITIONS. In this subchapter:
	(1)  "Allegedly abused [Abused] or neglected child"
	means a child:
	(A)  who is:
	(i) [(A)]  the subject of a suit affecting
	the parent-child relationship filed by a governmental entity; and
	(ii) [(B)]  under the control or supervision
	of the department; or
	(B)  who is the subject of a suit filed by a
	governmental entity under Section 264.203.
	(2)  "Volunteer advocate program" means a
	volunteer-based, nonprofit program that:
	(A)  provides advocacy services to allegedly
	abused or neglected children with the goal of promoting [obtaining
	a permanent placement for a child that is in] the child's best
	interest; and
	(B)  complies with recognized standards for
	volunteer advocate programs.
	SECTION 5.  Section 264.602(a), Family Code, is amended to
	read as follows:
	(a)  The statewide organization with which the commission
	contracts under Section 264.603 shall contract for services with
	eligible volunteer advocate programs to provide advocacy services
	to allegedly abused or neglected children.
	SECTION 6.  Section 264.604(a), Family Code, is amended to
	read as follows:
	(a)  A person is eligible for a contract under Section
	264.602 only if the person is a public or private nonprofit entity
	that operates a volunteer advocate program that:
	(1)  uses individuals appointed as volunteer advocates
	or guardians ad litem by the court to provide for the needs of
	allegedly abused or neglected children;
	(2)  has provided court-appointed advocacy services
	for at least six months;
	(3)  provides court-appointed advocacy services for at
	least 10 children each month; and
	(4)  has demonstrated that the program has local
	judicial support.
	SECTION 7.  Section 264.606, Family Code, is amended to read
	as follows:
	Sec. 264.606.  CRITERIA FOR AWARD OF CONTRACTS. The
	statewide organization with which the commission contracts under
	Section 264.603 shall consider the following in awarding a contract
	under Section 264.602:
	(1)  the volunteer advocate program's eligibility for
	and use of funds from local, state, or federal governmental
	sources, philanthropic organizations, and other sources;
	(2)  community support for the volunteer advocate
	program as indicated by financial contributions from civic
	organizations, individuals, and other community resources;
	(3)  whether the volunteer advocate program provides
	services that promote the best interest of children [encourage the
	permanent placement of children through reunification with their
	families or timely placement with an adoptive family]; and
	(4)  whether the volunteer advocate program has the
	endorsement and cooperation of the local juvenile court system.
	SECTION 8.  Section 264.607, Family Code, is amended to read
	as follows:
	Sec. 264.607.  CONTRACT REQUIREMENTS. The commission shall
	require that a contract under Section 264.602 require the volunteer
	advocate program to:
	(1)  make quarterly and annual financial reports on a
	form provided by the commission;
	(2)  cooperate with inspections and audits that the
	commission makes to ensure service standards and fiscal
	responsibility; and
	(3)  provide as a minimum:
	(A)  independent and factual information in
	writing to the court and to counsel for the parties involved
	regarding the child;
	(B)  advocacy through the courts for the best
	interest of the child [permanent home placement and rehabilitation
	services for the child];
	(C)  monitoring of the child to ensure the safety
	of the child and to prevent unnecessary movement of the child to
	multiple temporary placements;
	(D)  reports in writing to the presiding judge and
	to counsel for the parties involved;
	(E)  community education relating to child abuse
	and neglect;
	(F)  referral services to existing community
	services;
	(G)  a volunteer recruitment and training
	program, including adequate screening procedures for volunteers;
	(H)  procedures to assure the confidentiality of
	records or information relating to the child; and
	(I)  compliance with the standards adopted under
	Section 264.602.
	SECTION 9.  The changes in law made by this Act apply to a
	suit filed by a governmental entity that is pending in a trial court
	on or filed on or after the effective date of this Act.
	SECTION 10.  This Act takes effect September 1, 2023.