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 Services.          SECTION 3.  Sections 107.004(d-1), (d-2), and (d-3), Family   Code, are amended to read as follows:          (d-1)  A meeting required by Subsection (d) must take place:                (1)  at least 72 hours [a sufficient time] before the   hearing to allow the attorney ad litem to prepare for the hearing in   accordance with the child's expressed objectives of   representation; and                (2)  in a private setting that allows for confidential   communications between the attorney ad litem and the child or   individual with whom the child ordinarily resides, as applicable.          (d-2)  An attorney ad litem appointed to represent a child in   the managing conservatorship of the Department of Family and   Protective Services or a child who is the subject of a proceeding   under Chapter 264 shall, at least 72 hours before each scheduled   hearing under Chapter 263 or 264, determine whether the child's   educational needs and goals have been identified and addressed.          (d-3)  An attorney ad litem appointed to represent a child in   the managing conservatorship of the Department of Family and   Protective Services or a child who is the subject of a proceeding   under Chapter 264 shall, at least once each month, [periodically   continue to] review the child's safety and well-being, including   any effects of trauma to the child, and take appropriate action,   including requesting a review hearing when necessary to address an   issue of concern.          SECTION 4.  Section 107.011(a), Family Code, is amended to   read as follows:          (a)  Except as otherwise provided by this subchapter, in a   suit filed by a governmental entity seeking termination of the   parent-child relationship or the appointment of a conservator for a   child, the court shall appoint a guardian ad litem to represent the   best interests of the child immediately after the filing of the   petition but not later than 72 hours before the full adversary   hearing.          SECTION 5.  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 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 not later than 72 hours before the full adversary   hearing, to ensure adequate representation of the child.          SECTION 6.  Section 107.0131(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem appointed under Section 107.013 to   represent the interests of a parent:                (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 parent, unless the parent's   location is unknown;                            (ii)  each person who has significant   knowledge of the case; and                            (iii)  the parties to the suit;                      (B)  investigate the facts of the case;                      (C)  to ensure competent representation at   hearings, mediations, pretrial matters, and the trial on the   merits:                            (i)  obtain and review copies of all court   files in the suit during the attorney ad litem's course of   representation; and                            (ii)  when necessary, conduct formal   discovery under the Texas Rules of Civil Procedure or the discovery   control plan;                      (D)  take any action consistent with the parent's   interests that the attorney ad litem considers necessary to   expedite the proceedings;                      (E)  encourage settlement and the use of   alternative forms of dispute resolution;                      (F)  review and sign, or decline to sign, a   proposed or agreed order affecting the parent;                      (G)  meet with the parent at least 72 hours before   each court hearing [with the parent], unless the court:                            (i)  finds at that hearing that the attorney   ad litem has shown good cause why the attorney ad litem's compliance   is not feasible; or                            (ii)  on a showing of good cause, authorizes   the attorney ad litem to comply by conferring with the parent, as   appropriate, by telephone or video conference;                      (H)  abide by the parent's objectives for   representation;                      (I)  become familiar with the American Bar   Association's standards of practice for attorneys who represent   parents in abuse and neglect cases; and                      (J)  complete at least three hours of continuing   legal education relating to representing parents in child   protection cases as described by Subsection (b) as soon as   practicable after the attorney ad litem is appointed, unless the   court finds that the attorney ad litem has experience equivalent to   that education; and                (2)  is entitled to:                      (A)  request clarification from the court if the   role of the attorney ad litem is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the parent 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 conducted by   the Department of Family and Protective Services in which the   parent is invited to participate, including, as appropriate, a case   staffing to develop a family plan of service, a family group   conference, a permanency conference, a mediation, a case staffing   to plan for the discharge and return of the child to the parent, a   case staffing related to a placement in a residential treatment   center or qualified residential treatment program, and any other   case staffing that the department determines would be appropriate   for the parent to attend, but excluding any internal department   staffing or staffing between the department and the department's   legal representative; and                      (G)  attend all legal proceedings in the suit.          SECTION 7.  The changes in law made by this Act apply only to   a suit affecting the parent-child relationship filed on or after   the effective date of this Act. A suit affecting the parent-child   relationship filed before that date is governed by the law in effect   on the date the suit was filed, and that law is continued in effect   for that purpose.          SECTION 8.  This Act takes effect September 1, 2025.