In 2018, the Supreme Court of Texas Children’s Commission created the Dual Status Task Force (DSTF). One of the things they studied was exploring the roles of attorneys and guardians ad litem (GAL) representing the child and identifying gaps and strengths in policies and practices that support dual status youth in Texas. Given the complexity of dual status cases and the need for increased coordination and collaboration, the DSTF identified the need for youth with a concurrent child welfare and juvenile justice case to have both an attorney and a GAL to advocate on their behalf.
The DSTF identified that the role of the GAL is more defined and broader in the child welfare case than it is in the juvenile case. To better refine and clarify the role of a GAL in a dual status case, SB 2049 by Senator Menendez makes changes to add clarity around confidentiality and when and how information can be shared. These changes will help everyone serving on dual status cases have a clear sense of the role of the GAL, allowing children and youth to have access to the advocacy they deserve.
SB 2049 amends current law relating to guardians ad litem for children who are in the juvenile justice system and the child protective services system.