Tex. Family Code § 107.0265 — TX Code / Code fa / Chapter 107 / Section 107.0265
§ 107.0265. POWERS AND DUTIES OF AMICUS ATTORNEY.
Status: in_force

(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, 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:

(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) 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.