HB3382 - Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

  89R26960 DNC-F     By: Campos H.B. No. 3382     Substitute the following for H.B. No. 3382:     By:  Johnson C.S.H.B. No. 3382       A BILL TO BE ENTITLED   AN ACT   relating to the duties of court-appointed guardians ad litem,   attorneys ad litem, and amicus attorneys in certain suits affecting   the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 107.002(b), (b-1), and (i), Family   Code, are amended to read as follows:          (b)  A guardian ad litem appointed for the child under this   chapter shall:                (1)   not later than the seventh business day [ within a   reasonable time ] after the date of the appointment, interview:                      (A)  the child in a developmentally appropriate   manner, if the child is three  [ four ] years of age or older;                      (B)   the child's caregiver or the administrator of   the licensed child-placing agency that placed the child  [ 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 ]; and                      (C)  the parties to the suit;                (2)   not later than the 30th business day after the date   of the appointment, 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;                 (3)   seek to elicit in a developmentally appropriate   manner the child's:                      (A)  expressed objectives; and                      (B)  opinion of and concerns regarding the child's   current or proposed placement;                 (4)  [ (3) ]  consider the child's expressed objectives   without being bound by those objectives;                 (5)  [ (4) ]  encourage settlement and the use of   alternative forms of dispute resolution; and                 (6)  [ (5) ]  perform any specific task directed by the   court.          (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 or single source continuum   contractor 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.          (i)  A guardian ad litem appointed to represent a child in   the managing conservatorship of the Department of Family and   Protective Services shall, at least 72 hours before each scheduled   hearing under Chapter 263, determine whether the child's   educational needs and goals have been identified and addressed.          SECTION 2.  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.  (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 not later than the   seventh business day [ within a reasonable time ] after the date of   the appointment, interview:                            (i)  the child in a developmentally   appropriate manner, if the child is three  [ four ] years of age or   older;                            (ii)   the child's caregiver or the   administrator of the licensed child-placing agency that placed the   child  [ 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)   not later than the 30th business day after   the date of the appointment, 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;                       (C)   seek to elicit in a developmentally   appropriate manner the child's expressed objectives of   representation;                       (D)  [ (C) ]  consider the impact on the child in   formulating the attorney's presentation of the child's expressed   objectives of representation to the court;                       (E)  [ (D) ]  investigate the facts of the case to   the extent the attorney considers appropriate;                       (F)  [ (E) ]  obtain and review copies of relevant   records relating to the child as provided by Section 107.006;                       (G)  [ (F) ]  participate in the conduct of the   litigation to the same extent as an attorney for a party;                       (H)  [ (G) ]  take any action consistent with the   child's interests that the attorney considers necessary to expedite   the proceedings;                       (I)  [ (H) ]  encourage settlement and the use of   alternative forms of dispute resolution; and                       (J)  [ (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 or a single source continuum contractor ; and                      (G)  attend all legal proceedings in the suit.          (b)  In addition to the duties required by Subsection (a), an   attorney ad litem appointed for a child in a proceeding under   Chapter 262, 263, or 264 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:                      (A)  advise the child of the child's right to   request the court to authorize the child to consent to the child's   own medical care under Section 266.010; and                      (B)  ascertain whether the child has received the   following documents:                            (i)  a certified copy of the child's birth   certificate;                            (ii)  a social security card or a   replacement social security card;                            (iii)  a driver's license or personal   identification certificate under Chapter 521, Transportation Code;   and                            (iv)  any other personal document the   Department of Family and Protective Services or a single source   continuum contractor 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 Servic [Text truncated for display. 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