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  S.B. No. 1759
 
 
 
 
AN ACT
  relating to the procedures for the appointment of and the duties of
  attorneys ad litem in certain suits affecting the parent-child
  relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.004, Family Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (b-1) to
  read as follows:
         (b)  An attorney ad litem appointed for a child in a
  proceeding under Subtitle E [Chapter 262 or 263] shall complete at
  least three hours of continuing legal education relating to
  representing children in child protection cases [advocacy] as
  described by Subsection (c) as soon as practicable after the
  attorney ad litem is appointed [litem's appointment].  An attorney
  ad litem is not required to comply with this subsection if the court
  finds that the attorney ad litem has experience equivalent to the
  required education.
         (b-1)  An attorney who is on the list maintained by the court
  as being qualified for appointment as an attorney ad litem for a
  child in a child protection case must complete at least three hours
  of continuing legal education relating to the representation of a
  child in a proceeding under Subtitle E each year before the
  anniversary date of the attorney's listing.
         (c)  The continuing legal education required by Subsections
  [Subsection] (b) and (b-1) must:
               (1)  be low-cost and available to persons throughout
  this state, including on the Internet provided through the State
  Bar of Texas; and
               (2)  focus on the duties of an attorney ad litem in, and
  the procedures of and best practices for, representing a child in a
  proceeding under Subtitle E [Chapter 262 or 263].
         SECTION 2.  Subsection (a), Section 107.013, 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 107.0131, Family Code, is amended to
  read as follows:
         Sec. 107.0131.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
  PARENT. (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 within a reasonable
  time after 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 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) [(I)]  complete at least three hours of
  continuing legal education relating to representing parents in
  child protection cases [law] 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
                     [(J)     abide by the parent's objectives of
  representation;]
               (2)  [must be trained in child protection law 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 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, 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.
         (b)  The continuing legal education required by Subsection
  (a)(1)(J) [(a)(1)(I)] must:
               (1)  be low-cost and available to persons throughout
  this state, including on the Internet provided through the State
  Bar of Texas; and
               (2)  focus on the duties of an attorney ad litem in, and
  the procedures of and best practices for, representing a parent in a
  proceeding under Subtitle E [Chapter 262 or 263].
         (c)  An attorney who is on the list maintained by the court as
  being qualified for appointment as an attorney ad litem for a parent
  in a child protection case must complete at least three hours of
  continuing legal education relating to the representation of a
  parent in a proceeding under Subtitle E each year before the
  anniversary date of the attorney's listing.
         SECTION 4.  Subsections (a) and (d), Section 107.0132,
  Family Code, are amended to read as follows:
         (a)  Except as provided by Subsections (b) and (d), an [An]
  attorney ad litem appointed under Section 107.013 to represent the
  interests of an alleged father is only required to [shall]:
               (1)  conduct an investigation regarding the
  petitioner's due diligence in locating the alleged father,
  including by verifying that the petitioner has obtained a
  certificate of the results of a search of the paternity registry
  under Chapter 160;
               (2)  interview any party or other person who has
  significant knowledge of the case who may have information relating
  to the identity or location of the alleged father; and
               (3)  conduct an independent investigation to identify
  or locate the alleged father, as applicable.
         (d)  If the attorney ad litem is unable to identify or locate
  the alleged father, the attorney ad litem shall submit to the court
  a written summary of the attorney ad litem's efforts to identify or
  locate the alleged father with a statement that the attorney ad
  litem was unable to identify or locate the alleged father.  On
  receipt of the summary required by this subsection, the court shall
  discharge the attorney from the appointment.
         SECTION 5.  Part 1, Subchapter B, Chapter 107, Family Code,
  is amended by adding Section 107.014 to read as follows:
         Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
  CERTAIN PARENTS. (a)  Except as provided by Subsections (b) and
  (e), an attorney ad litem appointed under Section 107.013 to
  represent the interests of a parent whose identity or location is
  unknown or who has been served by citation by publication is only
  required to:
               (1)  conduct an investigation regarding the
  petitioner's due diligence in locating the parent;
               (2)  interview any party or other person who has
  significant knowledge of the case who may have information relating
  to the identity or location of the parent; and
               (3)  conduct an independent investigation to identify
  or locate the parent, as applicable.
         (b)  If the attorney ad litem identifies and locates the
  parent, the attorney ad litem shall:
               (1)  provide to each party and the court the parent's
  name and address and any other available locating information
  unless the court finds that:
                     (A)  disclosure of a parent's address is likely to
  cause that parent harassment, serious harm, or injury; or
                     (B)  the parent has been a victim of family
  violence; and
               (2)  if appropriate, assist the parent in making a
  claim of indigence for the appointment of an attorney.
         (c)  If the court makes a finding described by Subsection
  (b)(1)(A) or (B), the court may:
               (1)  order that the information not be disclosed; or
               (2)  render any other order the court considers
  necessary.
         (d)  If the court determines the parent is indigent, the
  court may appoint the attorney ad litem to continue to represent the
  parent under Section 107.013(a)(1).
         (e)  If the attorney ad litem is unable to identify or locate
  the parent, the attorney ad litem shall submit to the court a
  written summary of the attorney ad litem's efforts to identify or
  locate the parent with a statement that the attorney ad litem was
  unable to identify or locate the parent.  On receipt of the summary
  required by this subsection, the court shall discharge the attorney
  from the appointment.
         SECTION 6.  Subsection (d), Section 262.1015, Family Code,
  is amended to read as follows:
         (d)  A temporary restraining order under this section
  expires not later than the 14th day after the date the order was
  rendered, unless the court grants an extension under Section
  262.201(a-3).
         SECTION 7.  Section 262.102, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The temporary restraining order or attachment of a child
  rendered by the court must contain the following statement
  prominently displayed in boldface type, capital letters, or
  underlined:
         "YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU
  ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO
  REQUEST THE APPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT
  [ADDRESS], [TELEPHONE NUMBER]. IF YOU APPEAR IN OPPOSITION TO THE
  SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY,
  THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE
  COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE
  COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF
  AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU."
         SECTION 8.  Section 262.103, Family Code, is amended to read
  as follows:
         Sec. 262.103.  DURATION OF TEMPORARY RESTRAINING ORDER AND
  ATTACHMENT. A temporary restraining order or attachment of the
  child issued under this chapter expires not later than 14 days after
  the date it is issued unless it is extended as provided by the Texas
  Rules of Civil Procedure or Section 262.201(a-3).
         SECTION 9.  Section 262.201, Family Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), and
  (a-3) to read as follows:
         (a)  Unless the child has already been returned to the
  parent, managing conservator, possessory conservator, guardian,
  caretaker, or custodian entitled to possession and the temporary
  order, if any, has been dissolved, a full adversary hearing shall be
  held not later than the 14th day after the date the child was taken
  into possession by the governmental entity, unless the court grants
  an extension under Subsection (a-3).
         (a-1)  Before commencement of the full adversary hearing,
  the court must inform each parent not represented by an attorney of:
               (1)  the right to be represented by an attorney; and
               (2)  if a parent is indigent and appears in opposition
  to the suit, the right to a court-appointed attorney.
         (a-2)  If a parent claims indigence and requests the
  appointment of an attorney before the full adversary hearing, the
  court shall require the parent to complete and file with the court
  an affidavit of indigence.  The court may hear evidence to determine
  whether the parent is indigent.  If the court determines the parent
  is indigent, the court shall appoint an attorney to represent the
  parent.
         (a-3)  The court may, for good cause shown, postpone the full
  adversary hearing for not more than seven days from the date of the
  attorney's appointment to provide the attorney time to respond to
  the petition and prepare for the hearing. The court may shorten or
  lengthen the extension granted under this subsection if the parent
  and the appointed attorney agree in writing. If the court postpones
  the full adversary hearing, the court shall extend a temporary
  restraining order issued by the court for the protection of the
  child until the date of the rescheduled full adversary hearing.
         SECTION 10.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.0061 to read as follows:
         Sec. 263.0061.  NOTICE TO PARENTS OF RIGHT TO COUNSEL.
  (a)  At the status hearing under Subchapter C and at each
  permanency hearing under Subchapter D held after the date the court
  renders a temporary order appointing the department as temporary
  managing conservator of a child, the court shall inform each parent
  not represented by an attorney of:
               (1)  the right to be represented by an attorney; and
               (2)  if a parent is indigent and appears in opposition
  to the suit, the right to a court-appointed attorney.
         (b)  If a parent claims indigence and requests the
  appointment of an attorney in a proceeding described by Subsection
  (a), the court shall require the parent to complete and file with
  the court an affidavit of indigence.  The court may hear evidence to
  determine whether the parent is indigent.  If the court determines
  the parent is indigent, the court shall appoint an attorney to
  represent the parent.
         SECTION 11.  Subsection (c), Section 107.013, Family Code,
  is repealed.
         SECTION 12.  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 13.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1759 passed the Senate on
  April 18, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1759 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor