HBA-SEB H.B. 1622 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 1622
By: Goodman
Juvenile Justice and Family Issues
2/26/1999
Introduced
BACKGROUND AND PURPOSE
Over the years, the Texas Legislature has modified the Family Code to
reflect changes in policy concerning lawsuits affecting the parent-child
relationship. These changes affected the requirements for a person's
standing to file a suit for conservatorship of a child, the issuance of
temporary restraining orders and injunctions, and attorney ad litem fees
and requirements. For example, at one time any person with an interest in
the child could file a suit for conservatorship, but now there are more
restrictions. Some sections of the Family Code may need clarification due
to the many changes enacted during previous legislative sessions. H.B.
1622 clarifies certain procedures regarding standing to file a suit for
conservatorship, temporary restraining orders and injunctions, attorney ad
litem fees and requirements, and circumstances under which the parent-child
relationship is terminated.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 102.003, Family Code, to authorize an original
suit affecting the parent-child relationship to be filed at any time by a
person who has had actual care, control, and possession of a child or a
person with whom the child and the child's guardian, managing conservator,
or parent have resided. Provides that in order for one of those persons to
file a suit, the child must have resided with that person for at least six
months during a 12-month period ending not more than 90 days preceding the
date of the filing of the petition. Authorizes a foster parent of the
child placed by the Department of Protective and Regulatory Services to
file suit if the child has lived in the foster parent's home for at least
18 months during a 24-month period ending not more than 90 days preceding
the date of the filing of the petition. Makes conforming changes.
SECTION 2. Amends Sections 105.001(b) and (d), Family Code, as follows:
(b) Provides that a temporary restraining order or temporary injunction
granted under this section (Temporary Orders Before Final Order) need not
define the injury or state why it is irreparable, state why the order was
granted without notice, nor include an order setting the cause for trial on
the merits with respect to the ultimate relief requested. Makes a
conforming change.
(d) Deletes existing text which authorizes a court to dispense with the
necessity of setting the cause for trial on the merits with respect to the
ultimate relief requested. Makes conforming changes.
SECTION 3. Amends Subchapter A, Chapter 107, Family Code, by adding
Section 107.004, as follows:
Sec. 107.004. GUARDIAN AD LITEM FEES. (a) Authorizes a guardian ad litem
appointed to represent a child or parent under this subchapter (Guardian Ad
Litem Representation) to be awarded reasonable fees and expenses in an
amount set by the court to compensate the guardian ad litem for the duties
performed. Requires the parents of the child to pay the fees and expenses
unless the parents are indigent.
(b) Authorizes the court or associate judge to order the guardian ad
litem's fees and expenses to be paid by one or more of the parties if the
court or associate judge determines that one or more of those parties are
able to defray the costs as determined by the reasonable and customary fees
for similar services in the county of jurisdiction. Authorizes the court or
associate judge to order one or more of those parties, before final
hearing, to pay the sums into the registry of the court or into an account
authorized by the court for the use and benefit of the guardian ad litem on
order of the court. Authorizes the sums to be taxed as costs to be
assessed against one or more of the parties.
SECTION 4. Amends Section 107.0135, Family Code, to make a nonsubstantive
change.
SECTION 5. Amends Section 107.014(a), Family Code, to require an attorney
ad litem appointed under this subchapter to represent a child to become
familiar with the American Bar Association's standards of practice for
lawyers who represent children in abuse and neglect cases. Makes a
conforming change.
SECTION 6. Amends Section 107.015, Family Code, as follows:
Sec. 107.015. New title: ATTORNEY AD LITEM FEES. Makes nonsubstantive
changes.
SECTION 7. Amends Section 153.434, Family Code, to create Paragraphs (A)
and (B) from existing text. Redesignates Subdivision (3) to (2). Makes
conforming changes.
SECTION 8. Amends Section 156.104(a), Family Code, to delete existing text
which authorizes a court to modify an order that designates a sole managing
conservator if a parent of the child requests appointment as a joint
managing conservator and the court finds that retention of a sole managing
conservatorship would be detrimental to the child's welfare. Makes
conforming changes.
SECTION 9. Amends Section 161.001, Family Code, to authorize a court to
order termination of the parent-child relationship if the court finds by
clear and convincing evidence that the parent has contumaciously refused to
submit to a reasonable and lawful order of a court under Subchapter D,
Chapter 261 (Investigation of Report of Child Abuse or Neglect), rather
than Chapter 264 (Child Welfare Services). Authorizes the termination of
the parent-child relationship if the parent has been convicted or has been
placed on community supervision for the violation of Section 19.04, Penal
Code (Manslaughter), if the parent has continued to abuse a controlled
substance after completion of a court-ordered substance treatment program,
or if the parent has knowingly engaged in criminal conduct that has
resulted in the parent's conviction of an offense and confinement or
imprisonment and inability to care for the child for at least two years
from the date of filing the petition. Redesignates Subdivisions
(1)(L)(iv)-(xii) to (1)(L)(v)-(xiii). Makes conforming and nonsubstantive
changes.
SECTION 10. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 11. Emergency clause.