Tex. Fam. Code § 107.011-107.0131

TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS CHAPTER 107 • SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS Subchapter B: APPOINTMENTS IN CERTAIN SUITS PART 1. APPOINTMENTS IN SUITS BY GOVERNMENTAL ENTITY Sec. 107.011. MANDATORY APPOINTMENT OF GUARDIAN AD LITEM. (a) Except as otherwise provided by this subchapter, in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child, the court shall appoint a guardian ad litem to represent the best interests of the child immediately after the filing of the petition but before the full adversary hearing. (b) The guardian ad litem appointed for a child under this section may be: (1) a charitable organization composed of volunteer advocates or an individual volunteer advocate appointed under Subchapter C; (2) an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or (3) an attorney appointed in the dual role. (c) The court may not appoint a guardian ad litem in a suit filed by a governmental entity if an attorney is appointed in the dual role unless the court appoints another person to serve as guardian ad litem for the child and restricts the role of the attorney to acting as an attorney ad litem for the child. (d) The court may appoint an attorney to serve as guardian ad litem for a child without appointing the attorney to serve in the dual role only if the attorney is specifically appointed to serve only in the role of guardian ad litem. An attorney appointed solely as a guardian ad litem: (1) may take only those actions that may be taken by a nonattorney guardian ad litem; and (2) may not: (A) perform legal services in the case; ointed solely as a guardian ad litem: (1) may take only those actions that may be taken by a nonattorney guardian ad litem; and (2) may not: (A) perform legal services in the case; or (B) take any action that is restricted to a licensed attorney, including engaging in discovery other than as a witness, making opening and closing statements, or examining witnesses. (e) The court may appoint the person appointed as guardian ad litem for the child under Section 51.11 to also serve as the guardian ad litem for the child under this section if the person is qualified under this chapter to serve as guardian ad litem. Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 7, eff. September 1, 2021. Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR CHILD. In a suit filed by a governmental entity requesting termination of the parent-child relationship or to be named conservator of a child, the court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing, but before the full adversary hearing, to ensure adequate representation of the child. Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Sec. 107.0125. APPOINTMENT OF ATTORNEY IN DUAL ROLE. (a) In order to comply with the mandatory appointment of a guardian ad litem under Section 107.011 and the mandatory appointment of an Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS attorney ad litem under Section 107.012, the court may appoint an attorney to serve in the dual role. (b) If the court appoints an att Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS attorney ad litem under Section 107.012, the court may appoint an attorney to serve in the dual role. (b) If the court appoints an attorney to serve in the dual role under this section, the court may at any time during the pendency of the suit appoint another person to serve as guardian ad litem for the child and restrict the attorney to acting as an attorney ad litem for the child. (c) An attorney appointed to serve in the dual role may request the court to appoint another person to serve as guardian ad litem for the child. If the court grants the attorney's request, the attorney shall serve only as the attorney ad litem for the child. (d) Unless the court appoints another person as guardian ad litem in a suit filed by a governmental entity, an appointment of an attorney to serve as an attorney ad litem in a suit filed by a governmental entity is an appointment to serve in the dual role regardless of the terminology used in the appointing order. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR PARENT. (a) In a suit filed by a governmental entity under Subtitle E in which termination of the parent-child relationship or the appointment of a conservator for a child is requested, the court shall appoint an attorney ad litem to represent the interests of: (1) an indigent parent of the child who responds in opposition to the termination or appointment; (2) a parent served by citation by publication; (3) an alleged father who failed to register with the registry under Chapter 160 and whose identity or location is unknown; and (4) an alleged father who registered with the paternity registry under Chapter 160, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful. (a-1) In the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful. (a-1) In a suit described by Subsection (a), if a parent is not represented by an attorney at the parent's first appearance in court, the court shall inform the parent of: (1) the right to be represented by an attorney; and (2) if the parent is indigent and appears in opposition to the suit, the right to an attorney ad litem appointed by the court. (b) If both parents of the child are entitled to the appointment of an attorney ad litem under this section and the court finds that the interests of the parents are not in conflict and that there is no history or pattern of past or present family violence by one parent directed against the other parent, a spouse, or a child of the parties, the court may appoint an attorney ad litem to represent the interests of both parents. (c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 810, Sec. 11, eff. September 1, 2013. (d) The court shall require a parent who claims indigence under Subsection (a) to file an affidavit of indigence in accordance with Rule 145(b) of the Texas Rules of Civil Procedure before the court may conduct a hearing to determine the parent's indigence under this section. The court may consider additional evidence at that hearing, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the court determines the parent is indigent, the court shall appoint an attorney ad litem to represent the parent. (e) A parent who the court has determined is indigent for purposes of this section is presumed to remain indigent for the duration of the suit and any subsequent appeal unless the cour the parent. (e) A parent who the court has determined is indigent for purposes of this section is presumed to remain indigent for the duration of the suit and any subsequent appeal unless the court, after reconsideration on the motion of the parent, the attorney ad litem for the parent, or the attorney representing the governmental entity, determines that the parent is no longer indigent due to a material and substantial change in the parent's financial circumstances. Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.11, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.06, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 526 (S.B. 813), Sec. 1, eff. June 16, 2007. Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 11, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 128 (S.B. 1931), Sec. 1, eff. September 1, 2015. Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR PARENT. (a) An attorney ad litem appointed under Section 107.013 to represent the interests of a parent: (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 parent, unless the parent's location is unknown; (ii) each person who has significant knowledge of the case; and (iii) the parties to the suit; (B) investigate the facts of the case; (C) to ensure competent representation at hearings, mediati n; (ii) each person who has significant knowledge of the case; and (iii) the parties to the suit; (B) investigate the facts of the case; (C) to ensure competent representation at hearings, mediations, pretrial matters, and the trial on the merits: (i) obtain and review copies of all court files in the suit during the attorney ad litem's course of representation; and (ii) when necessary, conduct formal discovery under the Texas Rules of Civil Procedure or the discovery control plan; (D) take any action consistent with the parent's interests that the attorney ad litem considers necessary to expedite the proceedings; (E) encourage settlement and the use of alternative forms of dispute resolution; (F) review and sign, or decline to sign, a proposed or agreed order affecting the parent; (G) meet before each court hearing with the parent, unless the court: (i) finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance is not feasible; or (ii) on a showing of good cause, authorizes the attorney ad litem to comply by conferring with the parent, as appropriate, by telephone or video conference; (H) abide by the parent's objectives for representation; (I) become familiar with the American Bar Association's standards of practice for attorneys who represent parents in abuse and neglect cases; and (J) complete at least three hours of continuing legal education relating to representing parents in child protection cases as described by Subsection (b) as soon as practicable after the attorney ad litem is appointed, unless the court finds that the attorney ad litem has experience equivalent to that education; and (2) is entitled to: (A) request clarification from the court if the role of the attorney ad litem is ambiguous; (B) request a hearing or trial on the merits; (C) consent or refuse to consent to an interview of the parent by another attorney; (D) receive a copy of each pleading or other paper filed w biguous; (B) request a hearing or trial on the merits; (C) consent or refuse to consent to an interview of the parent 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; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (F) participate in any case staffing conducted by the Department of Family and Protective Services in which the parent is invited to participate, including, as appropriate, a case staffing to develop a family plan of service, a family group conference, a permanency conference, a mediation, a case staffing to plan for the discharge and return of the child to the parent, a case staffing related to a placement in a residential treatment center or qualified residential treatment program, and any other case staffing that the department determines would be appropriate for the parent to attend, but excluding any internal department staffing or staffing between the department and the department's legal representative; and (G) attend all legal proceedings in the suit. (b) The continuing legal education required by Subsection (a)(1)(J) 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 parent in a proceeding under Subtitle E. (c) An attorney who is on the list maintained by the court as being qualified for appointment as an attorney ad litem for a parent in a child protection case must complete at least three hours of continuing legal education relating to the representation of a parent in a proceeding under Subtitle E each year before the anniversary date of the attorney's listing. Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. cation relating to the representation of a parent in a proceeding under Subtitle E each year before the anniversary date of the attorney's listing. Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 3, eff. September 1, 2013. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 3, eff. September 1, 2023. Sec. 107.0132. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR ALLEGED FATHER. (a) Except as provided by Subsections (b) and (d), an attorney ad litem appointed under Section 107.013 to represent the interests of an alleged father is only required to: (1) conduct an investigation regarding the petitioner's due diligence in locating the alleged father, including by verifying that the petitioner has obtained a certificate of the results of a search of the paternity registry under Chapter 160; (2) interview any party or other person who has significant knowledge of the case who may have information relating to the identity or location of the alleged father; and (3) conduct an independent investigation to identify or locate the alleged father, as applicable. (b) If the attorney ad litem identifies and locates the alleged father, the attorney ad litem shall: (1) provide to each party and the court the alleged father's name and address and any other locating information; and (2) if appropriate, request the court's approval for the attorney ad litem to assist the alleged father in establishing paternity. (c) If the alleged father is adjudicated to be a parent of the child and is determined by the court to be indigent, the court may appoint the attorney ad litem to continue to represent the father's interests as a parent under Section 107.013(a)(1) or (c). (d) If the attorney ad litem is unable to identify or locate the alleged father, the attorney ad litem shall submit to the court a written summary of the attorney ad litem's efforts to identify or loc d) If the attorney ad litem is unable to identify or locate the alleged father, the attorney ad litem shall submit to the court a written summary of the attorney ad litem's efforts to identify or locate the alleged father with a statement that the attorney ad litem was unable to identify or locate the alleged father. On receipt of the summary required by this subsection, the court shall discharge the attorney from the appointment. Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 4, eff. September 1, 2013. Sec. 107.0133. DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT OR ALLEGED FATHER. An attorney ad litem appointed for a parent or an alleged father who fails to perform the duties required by Section 107.0131 or 107.0132, as applicable, is subject to disciplinary action under Subchapter E, Chapter 81, Government Code. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011. Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR CERTAIN PARENTS. (a) Except as provided by Subsections (b) and (e), an attorney ad litem appointed under Section 107.013 to represent the interests of a parent whose identity or location is unknown or who has been served by citation by publication is only required to: (1) conduct an investigation regarding the petitioner's due diligence in locating the parent; (2) interview any party or other person who has significant knowledge of the case who may have information relating to the identity or location of the parent; and (3) conduct an independent investigation to identify or locate the parent, as applicable. (b) If the attorney ad litem identifies and locates the parent, the attorney ad litem shall: (1) provide to n(3) conduct an independent investigation to identify or locate the parent, as applicable. (b) If the attorney ad litem identifies and locates the parent, the attorney ad litem shall: (1) provide to each party and the court the parent's name and address and any other available locating information unless the court finds that: (A) disclosure of a parent's address is likely to cause that parent harassment, serious harm, or injury; or (B) the parent has been a victim of family violence; and (2) if appropriate, assist the parent in making a claim of indigence for the appointment of an attorney. (c) If the court makes a finding described by Subsection (b)(1)(A) or (B), the court may: (1) order that the information not be disclosed; or (2) render any other order the court considers necessary. (d) If the court determines the parent is indigent, the court may appoint the attorney ad litem to continue to represent the parent under Section 107.013(a)(1). (e) If the attorney ad litem is unable to identify or locate the parent, the attorney ad litem shall submit to the court a written summary of the attorney ad litem's efforts to identify or locate the parent with a statement that the attorney ad litem was unable to identify or locate the parent. On receipt of the summary required by this subsection, the court shall discharge the attorney from the appointment. Added by Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 5, eff. September 1, 2013. Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad litem to represent the interests of a parent for a limited period beginning at the time the court issues a temporary restraining order or attachment of the parent's child under Chapter 262 and ending on the court's determination of whether the parent is indigent before commencement of the full adversary hearing. (b) An attorney ad litem appointed for a parent under this section: (1) has the ng on the court's determination of whether the parent is indigent before commencement of the full adversary hearing. (b) An attorney ad litem appointed for a parent under this section: (1) has the powers and duties of an attorney ad litem appointed under Section 107.0131; and (2) if applicable, shall: (A) conduct an investigation regarding the petitioner's due diligence in locating and serving citation on the parent; and (B) interview any party or other person who may have information relating to the identity or location of the parent. (c) If the attorney ad litem identifies and locates the parent, the attorney ad litem shall: (1) inform the parent of the parent's right to be represented by an attorney and of the parent's right to an attorney ad litem appointed by the court, if the parent is indigent and appears in opposition to the suit; (2) if the parent claims indigence and requests an attorney ad litem beyond the period of the temporary appointment under this section, assist the parent in making a claim of indigence for the appointment of an attorney ad litem; and (3) assist the parent in preparing for the full adversary hearing under Subchapter C, Chapter 262. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (d) If the court determines the parent is indigent, the court may appoint the attorney ad litem to continue to represent the parent under Section 107.013(a)(1). (e) If the attorney ad litem is unable to identify or locate the parent, the attorney ad litem shall submit to the court a written summary of the attorney ad litem's efforts to identify or locate the parent with a statement that the attorney ad litem was unable to identify or locate the parent. On receipt of the summary required by this subsection, the court shall discharge the attorney ad litem from the appointment. (f) If the attorney ad litem identifies or identify or locate the parent. On receipt of the summary required by this subsection, the court shall discharge the attorney ad litem from the appointment. (f) If the attorney ad litem identifies or locates the parent, and the court determines that the parent is not indigent, the court shall discharge the attorney ad litem from the appointment. Added by Acts 2015, 84th Leg., R.S., Ch. 128 (S.B. 1931), Sec. 2, eff. September 1, 2015. Sec. 107.015. ATTORNEY FEES. (a) An attorney appointed under this chapter to serve as an attorney ad litem for a child, an attorney in the dual role, or an attorney ad litem for a parent is entitled to reasonable fees and expenses in the amount set by the court to be paid by the parents of the child unless the parents are indigent. (b) If the court determines that one or more of the parties are able to defray the fees and expenses of an attorney ad litem or guardian ad litem for the child as determined by the reasonable and customary fees for similar services in the county of jurisdiction, the fees and expenses may be ordered paid by one or more of those parties, or the court may order one or more of those parties, prior to 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 payee on order of the court. The sums may be taxed as costs to be assessed against one or more of the parties. (c) If indigency of the parents is shown, an attorney ad litem appointed to represent a child or parent in a suit filed by a governmental entity shall be paid from the general funds of the county according to the fee schedule that applies to an attorney appointed to represent a child in a suit under Title 3 as provided by Chapter 51. The court may not award attorney ad litem fees under this chapter against the state, a state agency, or a political subdivision of the state except as provided by this subsection. (d) A person appointed as a guardian ad lite orney ad litem fees under this chapter against the state, a state agency, or a political subdivision of the state except as provided by this subsection. (d) A person appointed as a guardian ad litem or attorney ad litem shall complete and submit to the court a voucher or claim for payment that lists the fees charged and hours worked by the guardian ad litem or attorney ad litem. Information submitted under this section is subject to disclosure under Chapter 552, Government Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Redesignated from Family Code Sec. 107.003 by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.07, eff. September 1, 2005. Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF APPOINTMENT. In a suit filed by a governmental entity in which termination of the parent-child relationship or appointment of the entity as conservator of the child is requested: (1) an order appointing the Department of Family and Protective Services as the child's managing conservator: (A) shall provide for the continuation of the appointment of the guardian ad litem or the attorney ad litem for the child, or an attorney appointed to serve in the dual role, as long as the child remains in the conservatorship of the department; and (B) may provide for the continuation of the appointment of both the attorney ad litem and the guardian ad litem for the child if both have been appointed, as long as the child remains in the conservatorship of the department; and (2) an attorney appointed under this subchapter to serve as an attorney ad litem for a parent or an alleged father continues to serve in that capacity until the earliest of: (A) the date the suit affecting the parent-child relationship is dismissed; (B) the date all appeals in re r a parent or an alleged father continues to serve in that capacity until the earliest of: (A) the date the suit affecting the parent-child relationship is dismissed; (B) the date all appeals in relation to any final order terminating parental rights are exhausted or waived; or Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (C) the date the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by the court on the record. Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 6, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 2, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 9, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 801 (H.B. 1315), Sec. 1, eff. September 1, 2021. Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. If an order appointing the Department of Family and Protective Services as managing conservator of a child does not continue the appointment of the child's guardian ad litem or attorney ad litem and the child is committed to the Texas Juvenile Justice Department or released under supervision by the Texas Juvenile Justice Department, the court may appoint a guardian ad litem or attorney ad litem for the child. Added by Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 3, eff. May 23, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 79, eff. September 1, 2015. Sec. 107.017. APPOINTMENT OF AMICUS ATTORNEY PROHIBITED. The court may not appoint a person to serve as an amicus attorney in a suit filed by a governmental entity under this chapter. Added by Acts 2003, 78th Leg., ch. 26 NT OF AMICUS ATTORNEY PROHIBITED. The court may not appoint a person to serve as an amicus attorney in a suit filed by a governmental entity under this chapter. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. PART 2. APPOINTMENTS IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY Sec. 107.021. DISCRETIONARY APPOINTMENTS. (a) In a suit in which the best interests of a child are at issue, other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint one of the following: (1) an amicus attorney; (2) an attorney ad litem; or (3) a guardian ad litem. (a-1) In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity, the court shall, unless the court finds that the interests of the child will be represented adequately by a party to the suit whose interests are not in conflict with the child's interests, appoint one of the following: (1) an amicus attorney; or (2) an attorney ad litem. (b) In determining whether to make an appointment under this section, the court: (1) shall: (A) give due consideration to the ability of the parties to pay reasonable fees to the appointee; and (B) balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment; (2) may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code; and (3) may not require a person appointed under this section to serve without reasonable compensation for the services rendered by the person. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 107, without reasonable compensation for the services rendered by the person. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS 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. 8, eff. September 1, 2005. Sec. 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may not appoint: (1) an attorney to serve in the dual role; or (2) a volunteer advocate to serve as guardian ad litem for a child unless the training of the volunteer advocate is designed for participation in suits other than suits filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator 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. 9, eff. September 1, 2005. Sec. 107.023. FEES, COURT COSTS, AND EXPENSES IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY. (a) In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, in addition to the attorney's fees that may be awarded under Chapter 106, the following persons are entitled to reasonable and necessary fees, court costs, and expenses in an amount set by the court and ordered to be paid by one or more parties to the suit: (1) an attorney appointed as an amicus attorney or as an attorney ad litem for the child; and (2) a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate. (b) The court shall: (1) determin child; and (2) a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate. (b) The court shall: (1) determine the fees, costs, and expenses of an amicus attorney, an attorney ad litem, or a guardian ad litem by reference to the reasonable and customary fees for similar services in the county of jurisdiction; (2) order a reasonable cost deposit to be made at the time the court makes the appointment; and (3) before the final hearing, order an additional amount to be paid to the credit of a trust account for the use and benefit of the amicus attorney, attorney ad litem, or guardian ad litem. (c) A court may not award fees, costs, or expenses to an amicus attorney, attorney ad litem, or guardian ad litem against the state, a state agency, or a political subdivision of the state under this part. (d) The court may determine that fees, costs, and expenses awarded under this subchapter to an amicus attorney, an attorney ad litem for the child, or a guardian ad litem for the child are necessaries for the benefit 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. 10, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 21, eff. September 1, 2025. Sec. 107.024. APPOINTMENT OF AMICUS ATTORNEY. (a) The court, after notice and hearing or on agreement of the parties, may appoint an amicus attorney in a suit. (b) In determining whether to make an appointment under this section, the court: (1) shall: (A) give due consideration to the ability of the parties to pay reasonable fees to the amicus attorney; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (B) balance the child's interests against the cost to the parties that would result f Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (B) balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment; (2) may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code; and (3) may not require an amicus attorney appointed under this section to serve without reasonable compensation for the services rendered by the amicus attorney. (c) An amicus attorney appointed under this section must be qualified under Section 107.0245 or 107.025. (d) An order appointing an amicus attorney under this section must include: (1) the name, bar number, address, telephone number, and e-mail address of the appointed amicus attorney; (2) the scope of the amicus attorney's role; (3) a list of the duties of an amicus attorney, including duties under Section 107.0265(c)(1); (4) any other specific tasks requested by the court; and (5) specific provisions for payment of the amicus attorney, including a retainer or cost deposit. (e) If a party to or child subject to a suit does not speak English as the party's or child's primary language, the court shall ensure that the amicus attorney: (1) is able to effectively communicate in the party's or child's primary language; or (2) will be assisted by a licensed or certified interpreter. (f) A licensed or certified interpreter assisting an amicus attorney under Subsection (e)(2) may accompany the amicus attorney in person or assist through use of audio or video conferencing technology. (g) The court may require the parties to pay any costs associated with obtaining assistance from a licensed or certified interpreter under Subsection (e)(2). Added by Acts 2025, 89 cing technology. (g) The court may require the parties to pay any costs associated with obtaining assistance from a licensed or certified interpreter under Subsection (e)(2). Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.0245. AMICUS ATTORNEY; MINIMUM QUALIFICATIONS. (a) To be qualified to serve as an amicus attorney, an individual must: (1) be an attorney who: (A) is licensed to practice law in this state and in good standing with the State Bar of Texas; (B) has practiced law for at least two years; and (C) is trained in child advocacy or found by the court to have experience equivalent to training in child advocacy; (2) in the two years preceding the appointment, have completed not less than a total of four hours of continuing legal education in the following subject areas: (A) the dynamics of family violence; (B) techniques for interviewing a child in a developmentally appropriate manner; and (C) alternative dispute resolution; and (3) if appropriate due to the nature of the appointment, be familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases. (b) Continuing legal education described by Subsection (a)(2)(A) must be developed in consultation with a statewide family violence advocacy organization. (c) The court shall determine whether a prospective amicus attorney meets the qualifications of this section. (d) On the request of the court, a prospective amicus attorney must demonstrate appropriate knowledge and competence consistent with professional models, standards, and guidelines. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS Sec. 107.025. EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE AS AMICUS ATTORNEY IN ed Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS Sec. 107.025. EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE AS AMICUS ATTORNEY IN CERTAIN COUNTIES. (a) This section applies only to a county with a population of less than 500,000. (b) If a court finds that an individual qualified to serve as an amicus attorney under Section 107.0245 is not available in the county to serve as an amicus attorney, the court may, after notice and hearing or on agreement of the parties, appoint an amicus attorney the court determines to be otherwise qualified to serve. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.0255. AMICUS ATTORNEY; CONFLICTS OF INTEREST AND BIAS. (a) Before a person accepts appointment as an amicus attorney in a suit, the person must disclose to the court, each attorney for a party to the suit, and any party to the suit who does not have an attorney: (1) any conflict of interest that the person believes the person has with the court, any party to the suit, or a child who is the subject of the suit; (2) any previous knowledge that the person has of a party to the suit or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation; (3) any pecuniary relationship that the person believes the person has with an attorney in the suit or the court; (4) any fiduciary relationship that the person believes the person has with an attorney in the suit or the court; (5) any conflict of interest that the person believes the person has with another person participating or expected to participate in the suit in a professional capacity; and (6) any other information relating to the person's relationship with an attorney in the suit or the court that a reasonable, prudent person would believe would affect the ability of the person to act impartially as an amicus attorney. (b) The court may not appoint a an attorney in the suit or the court that a reasonable, prudent person would believe would affect the ability of the person to act impartially as an amicus attorney. (b) The court may not appoint a person as an amicus attorney in a suit if the person makes any of the disclosures in Subsection (a) unless: (1) the court finds, after notice and a hearing, that: (A) the person has no conflict of interest with a party to the suit, the court, or a child who is the subject of the suit; (B) the person's previous knowledge of a party to the suit, the court, or a child who is the subject of the suit is not relevant; (C) the person does not have a pecuniary relationship with an attorney in the suit or the court; and (D) the person does not have a fiduciary relationship with an attorney in the suit or the court; or (2) the parties agree in writing to the person's appointment as an amicus attorney. (c) After being appointed as an amicus attorney in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, and any party to the suit who does not have an attorney any discovery of the following unless previously disclosed: (1) a conflict of interest that the person believes the person has with a party to the suit, the court, or a child who is the subject of the suit; (2) previous knowledge the person has of a party to the suit, the court, or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation; (3) a relationship that the person has with an attorney in the suit who was hired or appointed after the person's appointment as an amicus attorney that would have been subject to disclosure under Subsection (a); and (4) any conflict of interest that the person believes the person has with another person who participates in the suit in a professional capacity. (d) The court shall remove a person as an amicus attorney in a suit if the person makes any of the disclosures in Subsection (c) ther person who participates in the suit in a professional capacity. (d) The court shall remove a person as an amicus attorney in a suit if the person makes any of the disclosures in Subsection (c) unless: (1) the court finds, after notice and a hearing, that, as applicable: (A) the person has no conflict of interest with a party to the suit, the court, or a child who is the subject of the suit; (B) the person's previous knowledge of a party to the suit, the court, or a child who is the subject of the suit is not relevant; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (C) the person has no pecuniary or fiduciary relationship with an attorney in the suit who was hired or appointed after the person's appointment as an amicus attorney; or (D) the person has no conflict of interest with another person who participates in the suit in a professional capacity; or (2) the parties agree in writing to the person's continued appointment as an amicus attorney. (e) A person who has a preexisting relationship with an attorney for a party to the suit or a professional participating in the suit is not disqualified from being an amicus attorney if the relationship was formed in a professional setting such as service to the community or a bar association. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.026. AMICUS ATTORNEY STANDARD OF CARE. (a) Except as provided by this title, an amicus attorney is subject to the professional standards of care and ethical standards necessary to remain in good standing with the State Bar of Texas. (b) A court may impose requirements or adopt local rules applicable to an amicus attorney that do not conflict with this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.0265. POWERS AND DUTIES O cable to an amicus attorney that do not conflict with this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.0265. POWERS AND DUTIES OF AMICUS ATTORNEY. (a) Subject to specific limitations given in an order of appointment under Section 107.024, an amicus attorney's primary duty is to: (1) review the facts and circumstances of the case; and (2) advocate the best interests of a child who is the subject of the suit. (b) In performing the duties under Subsection (a), an amicus attorney is not bound by the expressed objectives of a child who is the subject of the suit. (c) An amicus attorney appointed to assist the court: (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 and assess the child's view in a developmentally appropriate manner; (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; (I) review and sign, or decline to sign, a proposed or agreed order affecting the child; (J) on the request of any party, disclos e settlement and the use of alternative forms of dispute resolution; (I) review and sign, or decline to sign, a proposed or agreed order affecting the child; (J) on the request of any party, disclose the name, address, and phone number of each person interviewed or consulted; and (K) on the request of any party, make available documents obtained by the amicus attorney for copying; (2) may be required by the court to perform additional tasks, including: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 11 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (A) conducting additional interviews with each child who is the subject of the suit to: (i) ensure balanced and impartial representation by the amicus attorney; and (ii) observe each child while in the care of each party to the suit; (B) interviewing other individuals, including, at the discretion of the amicus attorney, a child who: (i) is not less than four years of age; and (ii) resides part-time or full-time in a residence where a child who is the subject of the suit resides part-time or full-time; (C) visiting the residence of each party seeking conservatorship or possession of or access to a child who is the subject of the suit; or (D) reviewing any information the court determines is relevant; and (3) is entitled to: (A) request clarification from the court if the role of the amicus 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; (G) attend all legal proceedings in the suit; and (H) make arguments during legal proceedings, including: (i) summarizing evidence; and (ii) suggesti Department of Family and Protective Services; (G) attend all legal proceedings in the suit; and (H) make arguments during legal proceedings, including: (i) summarizing evidence; and (ii) suggesting reasonable inferences and deductions drawn from the evidence. (d) In preparing for and conducting an interview with a child, an amicus attorney shall: (1) explain the role of an amicus attorney to the child in a developmentally appropriate manner; (2) inform the child in a developmentally appropriate manner that the amicus attorney may use information the child provides in assisting the court; and (3) become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases. (e) The disclosure required by Subsections (c)(1)(J) and (K): (1) shall not be construed to require disclosure of an amicus attorney's notes or attorney work product; and (2) is subject to supplementation under Rule 193.5, Texas Rules of Civil Procedure. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.027. LIMITATIONS ON AMICUS ATTORNEY POWERS. (a) An amicus attorney may not: (1) offer an opinion regarding conservatorship or possession of or access to a child subject to a suit; (2) engage in ex parte communications with the court; (3) be compelled to produce attorney work product developed during the appointment as an amicus attorney; (4) except as required under Section 107.0265(c)(1)(J) or (K), be required to disclose the source of any information; (5) submit a report into evidence; or (6) testify in court, except: (A) as authorized under Rule 3.08, Texas Disciplinary Rules of Professional Conduct; or (B) as necessary for the court to make a determination relating to the qualifications, conflicts of interest, bias, or removal of the amicus attorney. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 12 --- TEXAS FAMILY CODE Chapter lifications, conflicts of interest, bias, or removal of the amicus attorney. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 12 --- TEXAS FAMILY CODE Chapter 107, Subchapter B — APPOINTMENTS IN CERTAIN SUITS (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 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Sec. 107.0275. REMOVAL OF AMICUS ATTORNEY. The court: (1) may remove an amicus attorney if the parties agree to the removal; and (2) shall remove an amicus attorney if, after notice and hearing, the court finds that the amicus attorney: (A) does not have the minimum qualifications to serve as an amicus attorney under Section 107.0245 or 107.025; (B) has a conflict of interest or bias under Section 107.0255(a) that is not exempted under that section; (C) fails to perform duties under Section 107.0265 or ordered by the court; (D) violates a standard of care under Section 107.026; or (E) requests to be removed because a party to the suit has prevented the amicus attorney from fulfilling the duties of the amicus attorney. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 13