HB4890 - Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

  89R13573 AMF-D     By: Moody H.B. No. 4890       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of attorneys ad litem and the   compensation of certain attorneys ad litem in suits affecting the   parent-child relationship filed by a governmental entity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.012, Family Code, is amended to read   as follows:          Sec. 107.012.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM   FOR CHILD. In a suit filed by a governmental entity under Subtitle   E  [ requesting termination of the parent-child relationship or to be   named conservator of a child ], the court shall appoint an attorney   ad litem to represent the interests of the child immediately after   the filing, but before the full adversary hearing, to ensure   adequate representation of the child.          SECTION 2.  Section 107.013(a), Family Code, is amended to   read as follows:          (a)  In a suit filed by a governmental entity under Subtitle   E [ in which termination of the parent-child relationship or the   appointment of a conservator for a child is requested ], the court   shall appoint an attorney ad litem to represent the interests of:                (1)  an indigent parent of the child who responds in   opposition to the termination or appointment;                (2)  a parent served by citation by publication;                (3)  an alleged father who failed to register with the   registry under Chapter 160 and whose identity or location is   unknown; and                (4)  an alleged father who registered with the   paternity registry under Chapter 160, but the petitioner's attempt   to personally serve citation at the address provided to the   registry and at any other address for the alleged father known by   the petitioner has been unsuccessful.          SECTION 3.  Section 107.015, Family Code, is amended by   amending Subsection (c) and adding Subsections (e) and (f) to read   as follows:          (c)  If indigency of the parents is shown, an attorney ad   litem appointed to represent a child or parent in a suit filed by a   governmental entity under Subtitle E who is not an employee of an   office of child representation, office of parent representation, or   other entity that uses public money to provide legal representation   to children or parents in a suit filed by a governmental entity   under Subtitle E shall be paid from the general funds of the county   according to the fee schedule adopted under Section 107.0155 [ that   applies to an attorney appointed to represent a child in a suit   under Title 3 as provided by Chapter 51 ]. The court may not award   attorney ad litem fees under this chapter against the state, a state   agency, or a political subdivision of the state except as provided   by this subsection.           (e)     A court may remove a person from the list maintained by   the court of persons qualified for appointment as attorney or   guardian ad litem if, after notice and a hearing, the court   determines the person submitted a voucher or claim for payment   under Subsection (d) for services the person did not perform.           (f)     A person whose voucher or claim for payment under   Subsection (d) was denied or modified by the court or has not been   approved by the court by the 60th day after the date the voucher or   claim for payment was submitted may file a petition addressed to the   presiding judge of the administrative judicial region to compel   payment or to appeal the denial or modification of the payment.   The   presiding judge of the administrative judicial region shall review   the petition for payment filed under this section, determine the   amount due to the petitioner, and order the commissioners court to   pay that amount not later than the 45th day after the date a   petition is filed under this subsection. The presiding judge of the   administrative judicial region may hold a hearing in a proceeding   described by this subsection.            SECTION 4.  Part 1, Subchapter B, Chapter 107, Family Code,   is amended by adding Section 107.0155 to read as follows:           Sec.   107.0155.     FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.   (a)   Each court in a county hearing suits filed by a governmental   entity under Subtitle E shall jointly develop, adopt, and submit to   the commissioners court of the county a fee schedule for the   compensation of an attorney ad litem described by Section   107.015(c) that includes:                 (1)  payments for:                       (A)     time spent in court making an appearance on   behalf of the parent or child in the case, including in an appellate   court; and                       (B)     reasonable and necessary time spent out of   court on the case, including in the preparation of an appeal; and                 (2)     reimbursement for reasonable and necessary   expenses.           (b)  A fee schedule adopted under Subsection (a) must:                 (1)     describe with specificity services and expenses   eligible for payment or reimbursement;                 (2)  include an hourly or fixed payment rate based on:                       (A)     reasonable and necessary time spent on a   case;                       (B)     reasonable and necessary overhead costs   associated with a case; and                       (C)     the availability of qualified attorneys   willing to serve at the rate; and                 (3)     include a form for the itemization of services and   expenses for a claim for payment under Section 107.015(d).          SECTION 5.  Section 107.252, Family Code, is amended to read   as follows:          Sec. 107.252.  APPLICABILITY. This subchapter applies to a   suit filed by a governmental entity [ seeking termination of the   parent-child relationship or the appointment of a conservator for a   child ] in which appointment of an attorney is required under   Section 107.012 or 107.013.          SECTION 6.  Section 107.254, Family Code, is amended to read   as follows:          Sec. 107.254.  OFFICE OF CHILD REPRESENTATION. An office of   child representation is an entity that uses public money to provide   legal representation and services for a child in a suit filed by a   governmental entity [ seeking termination of the parent-child   relationship or the appointment of a conservator for the child ] in   which appointment is mandatory for a child under Section 107.012.          SECTION 7.  Section 107.255, Family Code, is amended to read   as follows:          Sec. 107.255.  OFFICE OF PARENT REPRESENTATION. An office   of parent representation is an entity that uses public money to   provide legal representation and services for a parent in a suit   filed by a governmental entity [ seeking termination of the   parent-child relationship or the appointment of a conservator for a   child ] in which appointment is mandatory for a parent under Section   107.013.          SECTION 8.  Section 107.260(a), Family Code, is amended to   read as follows:          (a)  If there is an office of child representation or office   of parent representation serving a county, a court in that county   shall appoint for a child or parent, as applicable, an attorney from   the office in a suit filed in the county by a governmental entity in   which appointment of an attorney is required under Section 107.012   or 107.013 [ seeking termination of the parent-child relationship or   the appointment of a conservator for the child ], unless there is a   conflict of interest or other reason to appoint a different   attorney from the list maintained by the court of attorneys   qualified for appointment under Section 107.012 or 107.013.          SECTION 9.  Section 107.302(a), Family Code, is amended to   read as follows:          (a)  A managed assigned counsel program may be operated with   public money for the purpose of appointing counsel to provide legal   representation and services for a child or parent in a suit filed by   a governmental entity [ seeking termination of the parent-child   relationship or the appointment of a conservator for the child ] in   which appointment is mandatory for a child under Section 107.012 or   for a parent under Section 107.013.          SECTION 10.  Section 107.307(a), Family Code, is amended to   read as follows:          (a)  The judge of a county served by a program shall make any   appointment required under Section 107.012 or 107.013 in a suit   filed in the county by a governmental entity [ seeking termination   of the parent-child relationship or the appointment of a   conservator for the child ] from the program's public appointment   list, unless there is a conflict of interest or other reason to   appoint a different attorney from the list maintained by the court   of attorneys qualified for appointment under Section 107.012 or   107.013.          SECTION 11.  Sections 107.012, 107.013(a), 107.252,   107.254, 107.255, 107.260(a), 107.302(a), and 107.307(a), Family   Code, as amended by this Act, apply only to a suit affecting the   parent-child relationship filed by a governmental entity on or   after the effective date of this Act.          SECTION 12.  (a)  Not later than January 1, 2026, the courts   in each county hearing suits filed by a governmental entity under   Subtitle E, Title 5, Family Code, shall adopt the fee schedule   required by Section 107.0155, Family Code, as added by this Act.          (b)  Section 107.015(c), Family Code, as amended by this Act,   and Section 107.0155, Family Code, as added by this Act, apply only   to an attorney ad litem appointed on or after January 1, 2026.          SECTION 13.  This Act takes effect September 1, 2025.