Tex. Fam. Code § 107.001

TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH CHAPTER 107 • SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS Subchapter A: COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP FAMILY CODE > TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP > SUBTITLE A. GENERAL PROVISIONS > CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS Sec. 107.001. DEFINITIONS. In this chapter: (1) "Amicus attorney" means an attorney appointed by the court in a suit, other than a suit filed by a governmental entity, whose role is to provide legal services necessary to assist the court in protecting a child's best interests rather than to provide legal services to the child, including by acting as a witness or making recommendations to the court. (2) "Attorney ad litem" means an attorney who provides legal services to a person, including a child, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation. (3) "Developmentally appropriate" means structured to account for a child's age, level of education, cultural background, and degree of language acquisition. (4) "Dual role" means the role of an attorney who is appointed under Section 107.0125 to act as both guardian ad litem and attorney ad litem for a child in a suit filed by a governmental entity. (5) "Guardian ad litem" means a person appointed to represent the best interests of a child. The term includes: (A) a volunteer advocate from a charitable organization described by Subchapter C who is appointed by the court as the child's guardian ad l the best interests of a child. The term includes: (A) a volunteer advocate from a charitable organization described by Subchapter C who is appointed by the court as the child's guardian ad litem; (B) a professional, other than an attorney, who holds a relevant professional license and whose training relates to the determination of a child's best interests; (C) an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or (D) an attorney ad litem appointed to serve in the dual role. Added by Acts 1995, 74th Leg., R.S., Ch. 20 (H.B. 655), Sec. 1, eff. April 20, 1995. Amended by: Acts 1995, 74th Leg., Ch. 751 (H.B. 433), Sec. 15, eff. September 1, 1995. Acts 1997, 75th Leg., Ch. 1294 (S.B. 349), Sec. 1, eff. September 1, 1997. Acts 2003, 78th Leg., Ch. 262 (H.B. 1815), Sec. 1, eff. September 1, 2003. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.031, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 1, eff. September 1, 2025. Sec. 107.002. POWERS AND DUTIES OF GUARDIAN AD LITEM FOR CHILD. (a) A guardian ad litem appointed for a child under this chapter is not a party to the suit but may: (1) conduct an investigation to the extent that the guardian ad litem considers necessary to determine the best interests of the child; and (2) obtain and review copies of the child's relevant medical, psychological, and school records as provided by Section 107.006. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH (b) A guardian ad litem appointed for the child under this chapter shall: (1) within a reasonable time after the appointment, interview: (A) the child in a developmentally appropriate manner, if the child is four ad litem appointed for the child under this chapter shall: (1) within a reasonable time after the appointment, interview: (A) the child in a developmentally appropriate manner, if the child is four years of age or older; (B) each person who has significant knowledge of the child's history and condition, including educators, child welfare service providers, and any foster parent of the child; and (C) the parties to the suit; (2) seek to elicit in a developmentally appropriate manner the child's: (A) expressed objectives; and (B) opinion of and concerns regarding the child's current or proposed placement; (3) consider the child's expressed objectives without being bound by those objectives; (4) encourage settlement and the use of alternative forms of dispute resolution; and (5) perform any specific task directed by the court. (b-1) In addition to the duties required by Subsection (b), a guardian ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall: (1) review the medical care provided to the child; (2) in a developmentally appropriate manner, seek to elicit the child's opinion on the medical care provided; (3) for a child at least 16 years of age, ascertain whether the child has received the following documents: (A) a certified copy of the child's birth certificate; (B) a social security card or a replacement social security card; (C) a driver's license or personal identification certificate under Chapter 521, Transportation Code; and (D) any other personal document the Department of Family and Protective Services determines appropriate; and (4) seek to elicit in a developmentally appropriate manner the name of any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services. (c) A guardian ad litem appointed for the child under this chapter is entit for the child and immediately provide the names of those individuals to the Department of Family and Protective Services. (c) A guardian ad litem appointed for the child under this chapter is entitled to: (1) receive a copy of each pleading or other paper filed with the court in the case in which the guardian ad litem is appointed; (2) receive notice of each hearing in the case; (3) participate in case staffings by the Department of Family and Protective Services concerning the child; (4) attend all legal proceedings in the case but may not call or question a witness or otherwise provide legal services unless the guardian ad litem is a licensed attorney who has been appointed in the dual role; (5) review and sign, or decline to sign, an agreed order affecting the child; (6) explain the basis for the guardian ad litem's opposition to the agreed order if the guardian ad litem does not agree to the terms of a proposed order; (7) have access to the child in the child's placement; (8) be consulted and provide comments on decisions regarding placement, including kinship, foster care, and adoptive placements; (9) evaluate whether the child welfare services providers are protecting the child's best interests regarding appropriate care, treatment, services, and all other foster children's rights listed in Section 263.008; (10) receive notification regarding and an invitation to attend meetings related to the child's service plan and a copy of the plan; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH (11) attend court-ordered mediation regarding the child's case. (d) The court may compel the guardian ad litem to attend a trial or hearing and to testify as necessary for the proper disposition of the suit. (e) Unless the guardian ad litem is an attorney who has been appointed in the dual role and subject to attend a trial or hearing and to testify as necessary for the proper disposition of the suit. (e) Unless the guardian ad litem is an attorney who has been appointed in the dual role and subject to the Texas Rules of Evidence, the court shall ensure in a hearing or in a trial on the merits that a guardian ad litem has an opportunity to testify regarding, and is permitted to submit a report regarding, the guardian ad litem's recommendations relating to: (1) the best interests of the child; and (2) the bases for the guardian ad litem's recommendations. (f) In a nonjury trial, a party may call the guardian ad litem as a witness for the purpose of cross-examination regarding the guardian's report without the guardian ad litem being listed as a witness by a party. If the guardian ad litem is not called as a witness, the court shall permit the guardian ad litem to testify in the narrative. (g) In a contested case, the guardian ad litem shall provide copies of the guardian ad litem's report, if any, to the attorneys for the parties as directed by the court, but not later than the earlier of: (1) the date required by the scheduling order; or (2) the 10th day before the date of the commencement of the trial. (h) Disclosure to the jury of the contents of a guardian ad litem's report to the court is subject to the Texas Rules of Evidence. (i) A guardian ad litem appointed to represent a child in the managing conservatorship of the Department of Family and Protective Services shall, before each scheduled hearing under Chapter 263, determine whether the child's educational needs and goals have been identified and addressed. (j) If a child is or may be placed in a residential treatment center as defined by Section 263.001, a qualified residential treatment program as defined by Section 263.00201, or a similar treatment setting, the guardian ad litem: (1) shall: (A) review any available information regarding whether the placement is appropriate to meet the ch as defined by Section 263.00201, or a similar treatment setting, the guardian ad litem: (1) shall: (A) review any available information regarding whether the placement is appropriate to meet the child's specific needs; (B) meet in person with the child before providing a recommendation under Paragraph (C); and (C) provide to the court by report or testimony a recommendation regarding the placement that is in the best interest of the child; and (2) may, as appropriate: (A) request a placement conference; and (B) participate in any conferences conducted by the Department of Family and Protective Services or the child's treatment team related to initial and ongoing placement in a residential treatment center, qualified residential treatment program, or similar treatment setting unless there is good cause shown for excluding the guardian ad litem. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 943, Sec. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 1, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.032, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 7, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 2, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 1, eff. June 14, 2019. Acts 2023, 88th Leg., R.S., TING TH Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 1, eff. June 14, 2019. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 1, eff. September 1, 2023. Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR CHILD. (a) An attorney ad litem appointed to represent a child: (1) shall: (A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview: (i) the child in a developmentally appropriate manner, if the child is four years of age or older; (ii) each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and (iii) the parties to the suit; (B) seek to elicit in a developmentally appropriate manner the child's expressed objectives of representation; (C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court; (D) investigate the facts of the case to the extent the attorney considers appropriate; (E) obtain and review copies of relevant records relating to the child as provided by Section 107.006; (F) participate in the conduct of the litigation to the same extent as an attorney for a party; (G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings; (H) encourage settlement and the use of alternative forms of dispute resolution; and (I) review and sign, or decline to sign, a proposed or agreed order affecting the child; (2) must be trained in child advocacy or have experience determined by the court to be equivalent to that training; and (3) is entitled to: (A) request clarification from the court if the role of the attorney is ambiguous; (B) request a hearing or trial on the merits; (C) consent or refuse to consent to an interview of the chi tled to: (A) request clarification from the court if the role of the attorney is ambiguous; (B) request a hearing or trial on the merits; (C) consent or refuse to consent to an interview of the child by another attorney; (D) receive a copy of each pleading or other paper filed with the court; (E) receive notice of each hearing in the suit; (F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services; and (G) attend all legal proceedings in the suit. (b) In addition to the duties required by Subsection (a), an attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 shall: (1) review the medical care provided to the child; (2) in a developmentally appropriate manner, seek to elicit the child's opinion on the medical care provided; (3) for a child at least 16 years of age: (A) advise the child of the child's right to request the court to authorize the child to consent to the child's own medical care under Section 266.010; and (B) ascertain whether the child has received the following documents: (i) a certified copy of the child's birth certificate; (ii) a social security card or a replacement social security card; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH (iii) a driver's license or personal identification certificate under Chapter 521, Transportation Code; and (iv) any other personal document the Department of Family and Protective Services determines appropriate; and (4) seek to elicit in a developmentally appropriate manner the name of any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services. Added by Acts 1997, 75th Leg., ch. 12 be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services. Added by Acts 1997, 75th Leg., ch. 1294, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 2, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.033, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 3, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 2, eff. June 14, 2019. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 3, eff. September 1, 2025. Sec. 107.004. ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR CHILD. (a) Except as otherwise provided by this chapter, the attorney ad litem appointed for a child shall, in a developmentally appropriate manner: (1) advise the child; (2) represent the child's expressed objectives of representation and follow the child's expressed objectives of representation during the course of litigation if the attorney ad litem determines that the child is competent to understand the nature of an attorney-client relationship and has formed that relationship with the attorney ad litem; and (3) as appropriate, considering the nature of the appointment, become familiar with the American Bar Association's standards of practice for attorneys who represent children in abuse and neglect cases, the suggested amendments to those standards adopted by the National Association of Counsel for Children, and the American Bar Association's standards of practice for attorney buse and neglect cases, the suggested amendments to those standards adopted by the National Association of Counsel for Children, and the American Bar Association's standards of practice for attorneys who represent children in custody cases. (b) An attorney ad litem appointed for a child in a proceeding under Subtitle E shall complete at least three hours of continuing legal education relating to representing children in child protection cases as described by Subsection (c) as soon as practicable after the attorney ad litem is appointed. An attorney ad litem is not required to comply with this subsection if the court finds that the attorney ad litem has experience equivalent to the required education. (b-1) An attorney who is on the list maintained by the court as being qualified for appointment as an attorney ad litem for a child in a child protection case must: (1) complete at least three hours of continuing legal education relating to the representation of a child in a proceeding under Subtitle E each year before the anniversary date of the attorney's listing; and (2) provide proof that the attorney has completed a training program regarding trauma-informed care and the effect of trauma on children in the conservatorship of the Department of Family and Protective Services. (b-2) The training described by Subsection (b-1)(2) may satisfy the training requirement under Subsection (b-1)(1) in a year in which an attorney completes the training. (b-3) An attorney described by Subsection (b-1) shall complete the training required by Subsection (b-1)(2) as soon as practicable after the attorney is placed on the list described by Subsection (b-1). Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH (b-4) The training required by Subsection (b-1)(2) must be designed to educate an attorney regarding the attorney's duty apter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH (b-4) The training required by Subsection (b-1)(2) must be designed to educate an attorney regarding the attorney's duty under Subsection (d-3) and include information regarding: (1) the symptoms of trauma and the impact that trauma has on a child, including how trauma may affect a child's development, emotions, memories, behavior, and decision-making; (2) attachment and how a lack of attachment may affect a child; (3) the role that trauma-informed care and services can have in a child's ability to build connections, feel safe, and regulate the child's emotions to help the child build resiliency and overcome the effects of trauma and adverse childhood experiences; (4) the importance of screening children for trauma and the risk of mislabeling and inappropriate treatment of children without proper screening, including the risks and benefits associated with the use of psychotropic medication; (5) the potential for re-traumatization of children in the conservatorship of the Department of Family and Protective Services; and (6) the availability of: (A) research-supported, trauma-informed, non-pharmacological interventions; and (B) trauma-informed advocacy to increase a child's access, while the child is in the conservatorship of the Department of Family and Protective Services, to: (i) trauma-informed care; and (ii) trauma-informed mental and behavioral health services. (c) The continuing legal education required by Subsections (b) and (b-1) must: (1) be low-cost and available to persons throughout this state, including on the Internet provided through the State Bar of Texas; and (2) focus on the duties of an attorney ad litem in, and the procedures of and best practices for, representing a child in a proceeding under Subtitle E. (d) Except as provided by Subsection (e), an attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 shall: , representing a child in a proceeding under Subtitle E. (d) Except as provided by Subsection (e), an attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 shall: (1) meet before each court hearing with: (A) the child, if the child is at least four years of age; or (B) the individual with whom the child ordinarily resides, including the child's parent, conservator, guardian, caretaker, or custodian, if the child is younger than four years of age; and (2) report to the court whether the attorney ad litem: (A) complied with Subdivision (1); or (B) requests that the court find good cause for noncompliance because compliance was not feasible or in the best interest of the child under Subsection (e). (d-1) A meeting required by Subsection (d) must take place: (1) a sufficient time before the hearing to allow the attorney ad litem to prepare for the hearing in accordance with the child's expressed objectives of representation; and (2) in a private setting that allows for confidential communications between the attorney ad litem and the child or individual with whom the child ordinarily resides, as applicable. (d-2) An attorney ad litem appointed to represent a child in the managing conservatorship of the Department of Family and Protective Services or a child who is the subject of a proceeding under Chapter 264 shall, before each scheduled hearing under Chapter 263 or 264, determine whether the child's educational needs and goals have been identified and addressed. (d-3) An attorney ad litem appointed to represent a child in the managing conservatorship of the Department of Family and Protective Services or a child who is the subject of a proceeding under Chapter 264 shall periodically continue to review the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH child's safety and as Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH child's safety and well-being, including any effects of trauma to the child, and take appropriate action, including requesting a review hearing when necessary to address an issue of concern. (e) An attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 is not required to comply with Subsection (d) before a hearing if the court finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance with that subsection is not feasible or in the best interest of the child. Additionally, a court may, on a showing of good cause, authorize an attorney ad litem to comply with Subsection (d) by conferring with the child or other individual, as appropriate, by telephone or video conference. (f) If a child is considered for placement in a residential treatment center as defined by Section 263.001, a qualified residential treatment program as defined by Section 263.00201, or a similar treatment setting, the attorney ad litem: (1) shall: (A) review any available information related to the child's needs, including the child and adolescent needs and strengths assessment, any psychological evaluations, discharge notices from current or past placements, recent incident reports, and counseling notes; (B) review any available information regarding whether the placement is appropriate to meet the child's specific needs; (C) meet with the child before any hearing to allow the attorney ad litem to: (i) prepare for the hearing in accordance with the child's expressed representation objectives; and (ii) elicit, in a developmentally appropriate manner, the child's opinion of and concerns regarding the child's current or proposed placement; (D) advise the child in a developmentally appropriate manner regarding the department's y appropriate manner, the child's opinion of and concerns regarding the child's current or proposed placement; (D) advise the child in a developmentally appropriate manner regarding the department's request or recommendation for placement and the likelihood of the request being granted; and (E) advocate to the court for the child's specific desires regarding the requested placement in accordance with Subsection (a)(2); and (2) may, as appropriate: (A) request a placement conference; and (B) participate in any conferences conducted by the Department of Family and Protective Services or the child's treatment team related to initial and ongoing placement in a residential treatment center, qualified residential treatment program, or similar treatment setting. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 3, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.04(a), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 310 (H.B. 1972), Sec. 1, eff. June 15, 2007. Acts 2011, 82nd Leg., R.S., Ch. 572 (H.B. 3311), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 573 (H.B. 3314), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 1, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 8, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 430 (S.B. 904), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 4.05, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 2, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUI eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH Sec. 107.0042. REPORT ON PERCENTAGE OF PROFESSIONAL PRACTICE TIME AS ATTORNEY AD LITEM. Not later than October 15 of each year and on a form prescribed by the Texas Indigent Defense Commission, an attorney appointed as an attorney ad litem in a proceeding filed by the Department of Family and Protective Services under Title 5 shall submit to the county or the Texas Indigent Defense Commission a report for the preceding state fiscal year that describes the percentage of the attorney's professional practice time that was dedicated to the attorney's appointment as an attorney ad litem in the county under Title 5. Added by Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 8, eff. September 1, 2023. Sec. 107.0045. DISCIPLINE OF ATTORNEY AD LITEM. An attorney ad litem who fails to perform the duties required by Sections 107.003 and 107.004 is subject to disciplinary action under Subchapter E, Chapter 81, Government Code. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.05, eff. September 1, 2005. Sec. 107.006. ACCESS TO CHILD AND INFORMATION RELATING TO CHILD. (a) In conjunction with an appointment under this chapter, other than an appointment of an attorney ad litem for an adult or a parent, the court shall issue an order authorizing the attorney ad litem, guardian ad litem for the child, or amicus attorney to have immediate access to the child and any information relating to the child. (b) Without requiring a further order or release, the custodian of any relevant records relating to the child, including records regarding social services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the child is a beneficiary, shall provide access to a person l services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the child is a beneficiary, shall provide access to a person authorized to access the records under Subsection (a). (c) Without requiring a further order or release, the custodian of a medical, mental health, or drug or alcohol treatment record of a child that is privileged or confidential under other law shall release the record to a person authorized to access the record under Subsection (a), except that a child's drug or alcohol treatment record that is confidential under 42 U.S.C. Section 290dd-2 may only be released as provided under applicable federal regulations. (d) The disclosure of a confidential record under this section does not affect the confidentiality of the record, and the person provided access to the record may not disclose the record further except as provided by court order or other law. (e) Notwithstanding the provisions of this section, the requirements of Section 159.008, Occupations Code, apply. (f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 904, Sec. 1, eff. September 1, 2013. Added by Acts 1995, 74th Leg., ch. 943, Sec. 11, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1294, Sec. 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 5, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 206 (H.B. 2488), Sec. 1, eff. May 30, 2011. Acts 2013, 83rd Leg., R.S., Ch. 904 (H.B. 1185), Sec. 1, eff. September 1, 2013. Sec. 107.007. ATTORNEY WORK PRODUCT AND TESTIMONY. (a) An attorney ad litem or an attorney serving in the dual role may not: (1) be compelled to produce attorney work product developed during the appointment as an attorney; (2) be required to disclose the source of any information; (3) submit a report into evidence; or (4) testify in court except as authorized by Rule 3.08, loped during the appointment as an attorney; (2) be required to disclose the source of any information; (3) submit a report into evidence; or (4) testify in court except as authorized by Rule 3.08, Texas Disciplinary Rules of Professional Conduct. (b) Subsection (a) does not apply to the duty of an attorney to report child abuse or neglect under Section 261.101. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 107, Subchapter A — COURT-ORDERED REPRESENTATION IN SUITS AFFECTING TH Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 4, eff. September 1, 2025. Sec. 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD. (a) An attorney ad litem appointed to represent a child or an attorney appointed in the dual role may determine that the child cannot meaningfully formulate the child's objectives of representation in a case because the child: (1) lacks sufficient maturity to understand and form an attorney-client relationship with the attorney; (2) despite appropriate legal counseling, continues to express objectives of representation that would be seriously injurious to the child; or (3) for any other reason is incapable of making reasonable judgments and engaging in meaningful communication. (b) An attorney ad litem or an attorney appointed in the dual role who determines that the child cannot meaningfully formulate the child's expressed objectives of representation may present to the court a position that the attorney determines will serve the best interests of the child. (c) If a guardian ad litem has been appointed for the child in a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, an attorney ad litem who determines that the child cannot meaningfully formulate the child's expressed objectives e parent-child relationship or appointment of the entity as conservator of the child, an attorney ad litem who determines that the child cannot meaningfully formulate the child's expressed objectives of representation: (1) shall consult with the guardian ad litem and, without being bound by the guardian ad litem's opinion or recommendation, ensure that the guardian ad litem's opinion and basis for any recommendation regarding the best interests of the child are presented to the court; and (2) may present to the court a position that the attorney determines will serve the best interests of the child. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 6, eff. September 1, 2005. Sec. 107.009. IMMUNITY. (a) A guardian ad litem, a child custody evaluator, or an adoption evaluator appointed under this chapter is not liable for civil damages arising from an action taken, a recommendation made, or an opinion given in the capacity of guardian ad litem, child custody evaluator, or adoption evaluator. (a-1) An attorney ad litem or amicus attorney appointed under this chapter is not liable for civil damages arising from an action taken in the capacity of attorney ad litem or amicus attorney. (b) Subsections (a) and (a-1) do not apply to an action taken, a recommendation made, or an opinion given: (1) with conscious indifference or reckless disregard to the safety of another; (2) in bad faith or with malice; or (3) that is grossly negligent or wilfully wrongful. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 7, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 1, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 5, eff. September 1, 2025. Sec. 107.010. DISCRETIONARY APPOINTMENT OF ATTORNEY AD LITEM FOR INCAPACITATED PERSON. The court may appo 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 5, eff. September 1, 2025. Sec. 107.010. DISCRETIONARY APPOINTMENT OF ATTORNEY AD LITEM FOR INCAPACITATED PERSON. The court may appoint an attorney to serve as an attorney ad litem for a person entitled to service of citation in a suit if the court finds that the person is incapacitated. The attorney ad litem shall follow the person's expressed objectives of representation and, if appropriate, refer the proceeding to the proper court for guardianship proceedings. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9