Texas 2023 - 88th Regular

Texas House Bill HB2794

Filed
2/24/23  
Out of House Committee
4/6/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.

Impact

The proposed changes could significantly impact state laws by streamlining the process and criteria under which guardians ad litem are appointed. By prioritizing CASA programs and expanding their funding rights, HB2794 seeks to ensure that every child within the foster care system receives the necessary support and legal representation to safeguard their interests. The legislation emphasizes the importance of volunteer advocates in child welfare, reflecting a shift towards more community-driven support structures in managing cases of abuse and neglect.

Summary

House Bill 2794 aims to amend the Texas Family Code concerning the appointment of guardians ad litem in cases involving children under the jurisdiction of the Department of Family and Protective Services. Specifically, this bill allows Court Appointed Special Advocates (CASA) programs to utilize their funding for appointments in all child welfare cases, including court-ordered service cases. This expansion is intended to enhance the support for children and families involved in such cases by enabling CASA programs to provide critical oversight and advocacy at a time when many families may be in need of additional assistance.

Sentiment

The legislative discussions surrounding HB2794 have generally been favorable among advocates of child welfare. Supporters, including representatives from Texas CASA, argue that the bill represents a critical step forward in improving the child welfare system by reducing barriers that previously limited volunteer agencies' roles. However, some skepticism remains regarding the bill's implementation and the capacity of CASA programs to handle the anticipated increased responsibilities efficiently.

Contention

One notable point of contention revolves around how the bill balances child welfare with parental rights. The legislation includes amendments emphasizing that parental rights must be retained throughout the process, which critics argue could complicate the efforts of CASA programs to advocate for children's best interests while navigating sensitive family dynamics. The ongoing debate highlights the complexities faced by legal frameworks in prioritizing both child safety and parental rights in the context of state intervention.

Companion Bills

TX SB2109

Identical Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.

Previously Filed As

TX HB3382

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX SB2014

Relating to policies and procedures regarding certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

TX HB3282

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

TX SB596

Relating to reporting certain information regarding the placement of children and suits filed by the Department of Family and Protective Services.

TX SB2770

Department of Child Protection Services; revise provision related to guardian ad litems and CPS representation by counsel.

TX SB1838

Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

TX HB2596

Appointment of guardian ad litem; child in need of services or supervision.

TX SB588

Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

TX HB5551

Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

TX HB2530

Relating to special appointments in suits affecting the parent-child relationship.

Similar Bills

CA AB1025

Standby Caretaker Act.

NJ A969

Establishes Office of Professional Corporate Guardians.

CA AB2283

State Public Guardian.

TX SB2342

Relating to the application for appointment of a guardian and to requiring criminal history record information and other information in connection with the guardianship of a ward or the ward's estate.

WV HB4358

Establishing pilot program for Public Guardian Ad Litem Services

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

IL HB3811

PRIVATE PROFESSIONAL GUARDIANS

MI HB4634

Probate: guardians and conservators; appointment; modify procedure. Amends secs. 5303, 5304, 5306, 5306a, 5312 & 5416 of 1998 PA 386 (MCL 700.5303 et seq.). TIE BAR WITH: HB 4632'25, HB 4633'25, HB 4635'25