reglab/housing_qa huggingface dataset:
TX Fam Code § 85.064 (2021)
2021 Texas Statutes|Family Code|Title 4 - Protective Orders and Family Violence|Subtitle B - Protective Orders|Chapter 85 - Issuance of Protective Order|Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship|Section 85.064. Transfer of Protective Order

Sec. 85.064.  TRANSFER OF PROTECTIVE ORDER.  (a)  If a protective order was rendered before the filing of a suit for dissolution of marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062, the court that rendered the order may, on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court makes the finding prescribed by Subsection (c).(b)  If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court may transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).(c)  A court may transfer a protective order under this section if the court finds that the transfer is:(1)  in the interest of justice;  or(2)  for the safety or convenience of a party or a witness.(d)  The transfer of a protective order under this section shall be conducted according to the procedures provided by Section 155.207.(e)  Except as provided by Section 81.002, the fees or costs associated with the transfer of a protective order shall be paid by the movant.|Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.|
TX Fam Code § 85.065 (2021)
2021 Texas Statutes|Family Code|Title 4 - Protective Orders and Family Violence|Subtitle B - Protective Orders|Chapter 85 - Issuance of Protective Order|Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship|Section 85.065. Effect of Transfer

Sec. 85.065.  EFFECT OF TRANSFER.  (a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011.(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011.(c)  A protective order that is transferred is subject to modification by the court that receives the order to the same extent modification is permitted under Chapter 87 by a court that rendered the order.|Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 6(3), eff. September 1, 2011.|
TX Fam Code § 107.001 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.001. Definitions

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.(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 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.|Amended by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1294, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.031, eff. April 2, 2015.|
TX Fam Code § 107.0045 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.0045. Discipline of Attorney Ad Litem

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.|
TX Fam Code § 107.005 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.005. Additional Duties of Amicus Attorney

Sec. 107.005.  ADDITIONAL DUTIES OF AMICUS ATTORNEY.  (a)  Subject to any specific limitation in the order of appointment, an amicus attorney shall advocate the best interests of the child after reviewing the facts and circumstances of the case.  Notwithstanding Subsection (b), in determining the best interests of the child, an amicus attorney is not bound by the child's expressed objectives of representation.(b)  An amicus attorney shall, in a developmentally appropriate manner:(1)   with the consent of the child, ensure that the child's expressed objectives of representation are made known to the court;(2)  explain the role of the amicus attorney to the child;(3)  inform the child that the amicus attorney may use information that the child provides in providing assistance to the court; and(4)  become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases.(c)  An amicus attorney may not disclose confidential communications between the amicus attorney and the child unless the amicus attorney determines that disclosure is necessary to assist the court regarding 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. 4, eff. September 1, 2005.|
TX Fam Code § 107.006 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.006. Access to Child and Information Relating to Child

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 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.|
TX Fam Code § 107.007 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.007. Attorney Work Product and Testimony

Sec. 107.007.  ATTORNEY WORK PRODUCT AND TESTIMONY.  (a)  An attorney ad litem, an attorney serving in the dual role, or an amicus attorney 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, 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.|
TX Fam Code § 107.008 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.008. Substituted Judgment of Attorney for Child

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 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.|
TX Fam Code § 107.009 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.009. Immunity

Sec. 107.009.  IMMUNITY.  (a)  A guardian ad litem, an attorney ad litem, a child custody evaluator, or an amicus attorney 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, attorney ad litem, child custody evaluator, or amicus attorney.(b)  Subsection (a) does 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.|
TX Fam Code § 107.010 (2021)
2021 Texas Statutes|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|Subchapter A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship|Section 107.010. Discretionary Appointment of Attorney Ad Litem for Incapacitated Person

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.|
TX Fam Code § 107.031 (2021)
2021 Texas Statutes|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|Subchapter C. Appointment of Volunteer Advocates|Section 107.031. Volunteer Advocates

Sec. 107.031.  VOLUNTEER ADVOCATES.  (a)  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, the court may appoint a charitable organization composed of volunteer advocates whose charter mandates the provision of services to allegedly abused and neglected children or an individual who has received the court's approved training regarding abused and neglected children and who has been certified by the court to appear at court hearings as a guardian ad litem for the child or as a volunteer advocate for the child.(b)  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 appoint a charitable organization composed of volunteer advocates whose training provides for the provision of services in private custody disputes or a person who has received the court's approved training regarding the subject matter of the suit and who has been certified by the court to appear at court hearings as a guardian ad litem for the child or as a volunteer advocate for the child.  A person appointed under this subsection is not entitled to fees under Section 107.023.(c)  A court-certified volunteer advocate appointed under this section may be assigned to act as a surrogate parent for the child, as provided by 20 U.S.C. Section 1415(b), if:(1)  the child is in the conservatorship of the Department of Family and Protective Services;(2)  the volunteer advocate is serving as guardian ad litem for the child;(3)  a foster parent of the child is not acting as the child's parent under Section 29.015, Education Code; and(4)  the volunteer advocate completes a training program for surrogate parents that complies with minimum standards established by rule by the Texas Education Agency within the time specified by Section 29.015(b), Education Code.|Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1294, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 430, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 11, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 3, eff. September 1, 2017.|
TX Fam Code § 107.101 (2021)
2021 Texas Statutes|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|Subchapter D. Child Custody Evaluation|Section 107.101. Definitions

Sec. 107.101.  DEFINITIONS.  In this subchapter:(1)  "Child custody evaluation" means an evaluative process ordered by a court in a contested case through which information, opinions, recommendations, and answers to specific questions asked by the court may be:(A)  made regarding:(i)  conservatorship of a child, including the terms and conditions of conservatorship;(ii)  possession of or access to a child, including the terms and conditions of possession or access; or(iii)  any other issue affecting the best interest of a child; and(B)  made to the court, the parties to the suit, the parties' attorneys, and any other person appointed under this chapter by the court in the suit. (2)  "Child custody evaluator" means an individual who conducts a child custody evaluation under this subchapter.  The term includes a private child custody evaluator.(3)  "Department" means the Department of Family and Protective Services.(4)  "Person" includes an agency or a domestic relations office.(5)  "Private child custody evaluator" means a person conducting a child custody evaluation who is not conducting the evaluation as an employee of or contractor with a domestic relations office.(6)  "Supervision" means directing, regularly reviewing, and meeting with a person with respect to the completion of work for which the supervisor is responsible for the outcome.  The term does not require the constant physical presence of the person providing supervision and may include telephonic or other electronic communication.|Added by Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 1, eff. September 1, 2007.Redesignated and amended from Family Code, Section 107.0501 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.03, eff. September 1, 2015.|
TX Fam Code § 107.102 (2021)
2021 Texas Statutes|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|Subchapter D. Child Custody Evaluation|Section 107.102. Applicability

Sec. 107.102.  APPLICABILITY.  (a)  For purposes of this subchapter, a child custody evaluation does not include services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162, or an evaluation conducted in accordance with Section 262.114 by an employee of or contractor with the department.(b)  The department may not conduct a child custody evaluation.(c)  Except as provided by Subsections (a) and (b), this subchapter does not apply to the department or to a suit to which the department is a party.|Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.04, eff. September 1, 2015.|
TX Fam Code § 107.1025 (2021)
2021 Texas Statutes|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|Subchapter D. Child Custody Evaluation|Section 107.1025. Effect of Mental Examination

Sec. 107.1025.  EFFECT OF MENTAL EXAMINATION.  A mental examination described by Rule 204.4, Texas Rules of Civil Procedure, does not by itself satisfy the requirements for a child custody evaluation under this subchapter.  A mental examination may be included in the report required under this subchapter and relied on by the child custody evaluator to the extent the evaluator considers appropriate under the circumstances.|Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.04, eff. September 1, 2015.|
TX Fam Code § 107.105 (2021)
2021 Texas Statutes|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|Subchapter D. Child Custody Evaluation|Section 107.105. Child Custody Evaluation: Specialized Training Required

Sec. 107.105.  CHILD CUSTODY EVALUATION:  SPECIALIZED TRAINING REQUIRED.  (a)  The court shall determine whether the qualifications of a child custody evaluator satisfy the requirements of this subchapter.(b)  A child custody evaluator must demonstrate, if requested, appropriate knowledge and competence in child custody evaluation services consistent with professional models, standards, and guidelines.|Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.07, eff. September 1, 2015.|