85R9458 MM-D     By: Frank H.B. No. 2361       A BILL TO BE ENTITLED   AN ACT   relating to a study regarding the appointment and use of attorneys   ad litem in cases involving the Department of Family and Protective   Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a)  In this section:                (1)  "Attorney ad litem" has the meaning assigned by   Section 107.001, Family Code.                (2)  "Commission" means the Permanent Judicial   Commission for Children, Youth and Families established by the   supreme court.          (b)  The commission shall study the appointment and use of   attorneys ad litem in cases involving the Department of Family and   Protective Services.  The commission shall:                (1)  examine:                      (A)  the method for appointing attorneys ad litem;                      (B)  the oversight and accountability measures   used across the state to monitor attorneys ad litem;                      (C)  the methods by which qualifications for   appointment as an attorney ad litem and training requirements for   an attorney ad litem are established and enforced;                      (D)  the timing of and duration of appointments;                      (E)  the rate of compensation for appointments and   the method for establishing compensation rates across the state;                      (F)  the quality of representation and methods for   assessing performance of attorneys ad litem;                      (G)  the pretrial and posttrial client   satisfaction with representation by attorneys ad litem   representing parents and attorneys ad litem representing children;                      (H)  organizational studies and national   standards related to the workload of attorneys ad litem;                      (I)  the best practices for attorneys ad litem;   and                      (J)  the estimated and average costs associated   with legal representation by an attorney ad litem per child   compared with the costs associated with foster care per child;                (2)  conduct a survey of attorneys ad litem about the   attorney's training, including:                      (A)  the attorney's legal education;                      (B)  whether the attorney is certified as a   specialist by the Texas Board of Legal Specialization in any area of   law; and                      (C)  the professional standards followed by the   attorney;                (3)  perform a statistical analysis of the data and   information collected under Subdivisions (1) and (2) of this   subsection; and                (4)  develop policy recommendations for improving the   attorney ad litem appointment process.          (c)  The commission shall prepare a report based on the   findings of the study conducted under this section and shall submit   the report to each member of the legislature not later than   September 1, 2018.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.