HBA-LJP H.B. 847 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 847 By: Goodman Juvenile Justice & Family Issues 4/8/2001 Introduced BACKGROUND AND PURPOSE In some suits affecting the parent-child relationship, either a guardian ad litem or an attorney ad litem or both are required to be appointed by the court for the child. While a guardian ad litem makes decisions and recommendations to the court according to the best interest of the child, an attorney ad litem is an advocate for the wishes of the child. However, the separate roles and duties of a guardian ad litem and an attorney ad litem may be confusing. House Bill 847 provides guidelines for the separate roles of an attorney ad litem and an guardian ad litem. 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. ANALYSIS House Bill 847 amends the Family Code to provide that in a suit affecting the parent-child relationship, an appointed guardian ad litem who is an attorney is presumed to be providing legal services on behalf of the child. The bill provides that if a court intends for an attorney to serve solely as guardian ad litem without providing legal services on behalf of the child, the order of appointment must specifically state that intent. The bill provides that an attorney appointed solely as guardian ad litem has only the powers and duties specified for a guardian ad litem who is not an attorney, including the right to testify. The bill prohibits an attorney appointed solely as guardian ad litem from providing legal services and from calling, examining, or cross-examining witnesses. The bill sets forth provisions regarding fee requirements for attorneys appointed solely as guardian ad litem. If an attorney appointed as guardian ad litem is providing legal services, the bill prohibits the attorney who is appointed as guardian ad litem and is providing legal services on behalf of a child from testifying. In the determination of the role of an attorney ad litem, the bill requires the court to specify whether the attorney will be required to assist the court in protecting the child's best interest or advocate for the child's desires. The bill sets forth guardian ad litem fees. If the court fails to specify the role of an attorney appointed attorney ad litem, then the attorney is required to assist the court in protecting the child's best interest. Unless otherwise directed, the bill requires an attorney appointed to provide legal services on behalf of a child to ensure that the child's preferences, opinions, and desires are brought to the attention of the court, without regard to the child's best interest. The bill sets forth duties and requirements for an attorney ad litem whose role is to assist the court in protecting the child's best interest. The bill provides that an attorney appointed as guardian ad litem who is providing legal services on behalf of the child or an attorney ad litem is not liable for civil damages arising from a recommendation made or an opinion given in fulfilling duties of a guardian ad litem or an attorney ad litem. EFFECTIVE DATE September 1, 2001.