HB2530 - Relating to special appointments in suits affecting the parent-child relationship.

      H.B. No. 2530         AN ACT   relating to special appointments in suits affecting the   parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.001(1), Family Code, is amended to   read as follows:                (1)  "Amicus attorney" means an attorney appointed by   the court in a suit, other than a suit filed by a governmental   entity, whose role is to provide legal services necessary to assist   the court in protecting a child's best interests rather than to   provide legal services to the child , including by acting as a   witness or making recommendations to the court .          SECTION 2.  The heading to Section 107.003, Family Code, is   amended to read as follows:          Sec. 107.003.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR   CHILD [ AND AMICUS ATTORNEY ].          SECTION 3.  Section 107.003(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem appointed to represent a child [ or   an amicus attorney appointed to assist the court ]:                (1)  shall:                      (A)  subject to Rules 4.02, 4.03, and 4.04, Texas   Disciplinary Rules of Professional Conduct, and within a reasonable   time after the appointment, interview:                            (i)  the child in a developmentally   appropriate manner, if the child is four years of age or older;                            (ii)  each person who has significant   knowledge of the child's history and condition, including any   foster parent of the child; and                            (iii)  the parties to the suit;                      (B)  seek to elicit in a developmentally   appropriate manner the child's expressed objectives of   representation;                      (C)  consider the impact on the child in   formulating the attorney's presentation of the child's expressed   objectives of representation to the court;                      (D)  investigate the facts of the case to the   extent the attorney considers appropriate;                      (E)  obtain and review copies of relevant records   relating to the child as provided by Section 107.006;                      (F)  participate in the conduct of the litigation   to the same extent as an attorney for a party;                      (G)  take any action consistent with the child's   interests that the attorney considers necessary to expedite the   proceedings;                      (H)  encourage settlement and the use of   alternative forms of dispute resolution; and                      (I)  review and sign, or decline to sign, a   proposed or agreed order affecting the child;                (2)  must be trained in child advocacy or have   experience determined by the court to be equivalent to that   training; and                (3)  is entitled to:                      (A)  request clarification from the court if the   role of the attorney is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the child by another attorney;                      (D)  receive a copy of each pleading or other   paper filed with the court;                      (E)  receive notice of each hearing in the suit;                      (F)  participate in any case staffing concerning   the child conducted by the Department of Family and Protective   Services; and                      (G)  attend all legal proceedings in the suit.          SECTION 4.  Section 107.007(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem or [ , ] an attorney serving in the   dual role[ , or an amicus attorney ] may not:                (1)  be compelled to produce attorney work product   developed during the appointment as an attorney;                (2)  be required to disclose the source of any   information;                (3)  submit a report into evidence; or                (4)  testify in court except as authorized by Rule   3.08, Texas Disciplinary Rules of Professional Conduct.          SECTION 5.  Section 107.009, Family Code, is amended to read   as follows:          Sec. 107.009.  IMMUNITY. (a)  A guardian ad litem, [ an   attorney ad litem, ] a child custody evaluator, or an adoption   evaluator [ amicus attorney ] appointed under this chapter is not   liable for civil damages arising from an action taken, a   recommendation made, or an opinion given in the capacity of   guardian ad litem, [ attorney ad litem, ] child custody evaluator, or   adoption evaluator [ amicus attorney ].           (a-1)     An attorney ad litem or amicus attorney appointed   under this chapter is not liable for civil damages arising from an   action taken in the capacity of attorney ad litem or amicus   attorney.          (b)   Subsections  [ Subsection ] (a) and (a-1) do [ does ] not   apply to an action taken, a recommendation made, or an opinion   given:                (1)  with conscious indifference or reckless disregard   to the safety of another;                (2)  in bad faith or with malice; or                (3)  that is grossly negligent or wilfully wrongful.          SECTION 6.  Part 2, Subchapter B, Chapter 107, Family Code,   is amended by adding Sections 107.024, 107.0245, 107.025, 107.0255,   107.026, 107.0265, 107.027, and 107.0275 to read as follows:           Sec.   107.024.     APPOINTMENT OF AMICUS ATTORNEY. (a)   The   court, after notice and hearing or on agreement of the parties, may   appoint an amicus attorney in a suit.           (b)     In determining whether to make an appointment under this   section, the court:                 (1)  shall:                       (A)     give due consideration to the ability of the   parties to pay reasonable fees to the amicus attorney; and                       (B)     balance the child's interests against the   cost to the parties that would result from an appointment by taking   into consideration the cost of available alternatives for resolving   issues without making an appointment;                 (2)     may make an appointment only if the court finds   that the appointment is necessary to ensure the determination of   the best interests of the child, unless the appointment is   otherwise required by this code; and                 (3)     may not require an amicus attorney appointed under   this section to serve without reasonable compensation for the   services rendered by the amicus attorney.           (c)     An amicus attorney appointed under this section must be   qualified under Section 107.0245 or 107.025.           (d)     An order appointing an amicus attorney under this   section must include:                 (1)     the name, bar number, address, telephone number,   and e-mail address of the appointed amicus attorney;                 (2)  the scope of the amicus attorney's role;                 (3)     a list of the duties of an amicus attorney,   including duties under Section 107.0265(c)(1);                 (4)     any other specific tasks requested by the court;   and                 (5)     specific provisions for payment of the amicus   attorney, including a retainer or cost deposit.           (e)     If a party to or child subject to a suit does not speak   English as the party's or child's primary language, the court shall   ensure that the amicus attorney:                 (1)     is able to effectively communicate in the party's   or child's primary language; or                 (2)     will be assisted by a licensed or certified   interpreter.           (f)     A licensed or certified interpreter assisting an amicus   attorney under Subsection (e)(2) may accompany the amicus attorney   in person or assist through use of audio or video conferencing   technology.           (g)     The court may require the parties to pay any costs   associated with obtaining assistance from a licensed or certified   interpreter under Subsection (e)(2).           Sec.   107.0245.     AMICUS ATTORNEY; MINIMUM QUALIFICATIONS.     (a)   To be qualified to serve as an amicus attorney, an individual   must:                 (1)  be an attorney who:                       (A)     is licensed to practice law in this state and   in good standing with the State Bar of Texas;                       (B)  has practiced law for at least two years; and                       (C)     is trained in child advocacy or found by the   court to have experience equivalent to training in child advocacy;                 (2)     in the two years preceding the appointment, have   completed not less than a total of four hours of continuing legal   education in the following subject areas:                     [Text truncated for display. 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