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AN ACT
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relating to guardians ad litem for children who are in the juvenile |
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justice system and the child protective services system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.11, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (d), and (e) |
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to read as follows: |
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(a) In this section: |
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(1) "Dual-system child" means a child who, at any time |
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before the child's 18th birthday, was referred to the juvenile |
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justice system and was involved in the child welfare system by |
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being: |
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(A) placed in the temporary or permanent managing |
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conservatorship of the Department of Family and Protective |
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Services; |
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(B) the subject of a family-based safety services |
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case with the Department of Family and Protective Services; |
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(C) an alleged victim of abuse or neglect in an |
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active case being investigated by the Department of Family and |
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Protective Services child protective investigations division; or |
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(D) a victim in a case in which the Department of |
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Family and Protective Services investigation concluded that there |
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was a reason to believe that abuse or neglect occurred. |
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(2) "Dual-status child" means a dual-system child who |
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is involved with both the child welfare and juvenile justice |
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systems at the same time. |
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(a-1) If a child appears before the juvenile court without a |
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parent or guardian, the court shall appoint a guardian ad litem to |
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protect the interests of the child. The juvenile court need not |
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appoint a guardian ad litem if a parent or guardian appears with the |
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child. |
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(d) The juvenile court may appoint the guardian ad litem |
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appointed under Chapter 107 for a child in a suit affecting the |
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parent-child relationship filed by the Department of Family and |
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Protective Services to serve as the guardian ad litem for the child |
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in a proceeding held under this title. |
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(e) A non-attorney guardian ad litem in a case involving a |
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dual-system child may not: |
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(1) investigate any charges involving a dual-status |
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child that are pending with the juvenile court; or |
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(2) offer testimony concerning the guilt or innocence |
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of a dual-status child. |
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SECTION 2. Section 54.01(c), Family Code, is amended to |
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read as follows: |
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(c) At the detention hearing, the court may consider written |
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reports from probation officers, professional court employees, |
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guardians ad litem appointed under Section 51.11(d), or |
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professional consultants in addition to the testimony of witnesses. |
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Prior to the detention hearing, the court shall provide the |
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attorney for the child with access to all written matter to be |
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considered by the court in making the detention decision. The court |
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may order counsel not to reveal items to the child or the child's |
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[his] parent, guardian, or guardian ad litem if such disclosure |
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would materially harm the treatment and rehabilitation of the child |
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or would substantially decrease the likelihood of receiving |
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information from the same or similar sources in the future. |
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SECTION 3. Section 54.02(e), Family Code, is amended to |
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read as follows: |
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(e) At the transfer hearing the court may consider written |
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reports from probation officers, professional court employees, |
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guardians ad litem appointed under Section 51.11(d), or |
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professional consultants in addition to the testimony of witnesses. |
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At least five days prior to the transfer hearing, the court shall |
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provide the attorney for the child and the prosecuting attorney |
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with access to all written matter to be considered by the court in |
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making the transfer decision. The court may order counsel not to |
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reveal items to the child or the child's parent, guardian, or |
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guardian ad litem if such disclosure would materially harm the |
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treatment and rehabilitation of the child or would substantially |
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decrease the likelihood of receiving information from the same or |
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similar sources in the future. |
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SECTION 4. Section 54.04(b), Family Code, is amended to |
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read as follows: |
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(b) At the disposition hearing, the juvenile court, |
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notwithstanding the Texas Rules of Evidence or Chapter 37, Code of |
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Criminal Procedure, may consider written reports from probation |
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officers, professional court employees, guardians ad litem |
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appointed under Section 51.11(d), or professional consultants in |
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addition to the testimony of witnesses. On or before the second day |
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before the date of the disposition hearing, the court shall provide |
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the attorney for the child and the prosecuting attorney with access |
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to all written matter to be considered by the court in disposition. |
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The court may order counsel not to reveal items to the child or the |
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child's parent, guardian, or guardian ad litem if such disclosure |
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would materially harm the treatment and rehabilitation of the child |
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or would substantially decrease the likelihood of receiving |
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information from the same or similar sources in the future. |
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SECTION 5. Section 54.05(e), Family Code, is amended to |
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read as follows: |
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(e) After the hearing on the merits or facts, the court may |
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consider written reports from probation officers, professional |
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court employees, guardians ad litem appointed under Section |
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51.11(d), or professional consultants in addition to the testimony |
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of other witnesses. On or before the second day before the date of |
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the hearing to modify disposition, the court shall provide the |
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attorney for the child and the prosecuting attorney with access to |
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all written matter to be considered by the court in deciding whether |
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to modify disposition. The court may order counsel not to reveal |
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items to the child or the child's [his] parent, guardian, or |
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guardian ad litem if such disclosure would materially harm the |
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treatment and rehabilitation of the child or would substantially |
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decrease the likelihood of receiving information from the same or |
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similar sources in the future. |
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SECTION 6. Section 54.11(d), Family Code, is amended to |
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read as follows: |
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(d) At a hearing under this section the court may consider |
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written reports and supporting documents from probation officers, |
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professional court employees, guardians ad litem appointed under |
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Section 51.11(d), professional consultants, employees of the Texas |
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Juvenile Justice Department, or employees of a post-adjudication |
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secure correctional facility in addition to the testimony of |
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witnesses. On or before the fifth day before the date of the |
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hearing, the court shall provide the attorney for the person to be |
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transferred or released under supervision with access to all |
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written matter to be considered by the court. All written matter is |
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admissible in evidence at the hearing. |
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SECTION 7. Section 107.011, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The court may appoint the person appointed as guardian |
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ad litem for the child under Section 51.11 to also serve as the |
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guardian ad litem for the child under this section if the person is |
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qualified under this chapter to serve as guardian ad litem. |
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SECTION 8. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2049 passed the Senate on |
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April 29, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2049 passed the House, with |
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amendment, on May 18, 2021, by the following vote: Yeas 135, |
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Nays 2, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |