reglab/statecodes huggingface dataset:
2023 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 F. Evaluations in Contested Adoptions › Section 107.201. Applicability

Sec. 107.201.  APPLICABILITY.  This subchapter does not apply to services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162, to an evaluation conducted in accordance with Section 262.114 by an employee of or contractor with the department, or to a suit in which the Department of Family and Protective Services is a party.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
2023 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 F. Evaluations in Contested Adoptions › Section 107.202. Assignment of Evaluations in Contested Adoptions

Sec. 107.202.  ASSIGNMENT OF EVALUATIONS IN CONTESTED ADOPTIONS.  (a)  In a suit in which the adoption of a child is being contested, the court shall determine the nature of the questions posed before appointing an evaluator to conduct either a child custody evaluation or an adoption evaluation.
(b)  If the court is attempting to determine whether termination of parental rights is in the best interest of a child who is the subject of the suit, the court shall order the evaluation as a child custody evaluation under Subchapter D and include termination as one of the specific issues to be addressed in the evaluation.
(c)  When appointing an evaluator to assess the issue of termination of parental rights, the court may, through written order, modify the requirements of the child custody evaluation to take into account the circumstances of the family to be assessed.  The court may also appoint the evaluator to concurrently address the requirements for an adoption evaluation under Subchapter E if the evaluator recommends that termination of parental rights is in the best interest of the child who is the subject of the suit.
(d)  If the court is attempting to determine whether the parties seeking adoption would be suitable to adopt the child who is the subject of the suit if the termination of parental rights is granted, but the court is not attempting to determine whether such termination of parental rights is in the child's best interest, the court may order the evaluation as an adoption evaluation under Subchapter E.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.251. Definition

Sec. 107.251.  DEFINITION.  In this subchapter, "governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.061 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.252. Applicability

Sec. 107.252.  APPLICABILITY.  This subchapter applies to a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment of an attorney is required under Section 107.012 or 107.013.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.062 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.253. Nonprofit Funding

Sec. 107.253.  NONPROFIT FUNDING.  This subchapter does not limit or prevent a nonprofit corporation from receiving and using money obtained from other entities to provide legal representation and services as authorized by this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.063 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.254. Office of Child Representation

Sec. 107.254.  OFFICE OF CHILD REPRESENTATION.  An office of child representation is an entity that uses public money to provide legal representation and services for a child in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child in which appointment is mandatory for a child under Section 107.012.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.064 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.255. Office of Parent Representation

Sec. 107.255.  OFFICE OF PARENT REPRESENTATION.  An office of parent representation is an entity that uses public money to provide legal representation and services for a parent in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment is mandatory for a parent under Section 107.013.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.065 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.256. Creation of Office of Child Representation or Office of Parent Representation

Sec. 107.256.  CREATION OF OFFICE OF CHILD REPRESENTATION OR OFFICE OF PARENT REPRESENTATION.  (a)  An office described by Section 107.254 or 107.255 may be a governmental entity or a nonprofit corporation operating under a written agreement with a governmental entity, other than an individual judge or court.
(b)  The commissioners court of any county, on written approval of a judge of a statutory county court or a district court having family law jurisdiction in the county, may create an office of child representation, an office of parent representation, or both offices by establishing a department of the county or designating under a contract a nonprofit corporation to perform the duties of an office.
(c)  The commissioners courts of two or more counties may enter into a written agreement to jointly create and jointly fund a regional office of child representation, a regional office of parent representation, or both regional offices.
(d)  In creating an office of child representation or office of parent representation under this section, the commissioners court shall specify or the commissioners courts shall jointly specify, as applicable:
(1)  the duties of the office;
(2)  the types of cases to which the office may be appointed under this chapter and the courts in which an attorney employed by the office may be required to appear;
(3)  if the office is a nonprofit corporation, the term during which the contract designating the  office is effective and how that contract may be renewed on expiration of the term; and
(4)  if an oversight board is established under Section 107.262 for the office, the powers and duties that have been delegated to the oversight board.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.066 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(2), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.257. Nonprofit as Office

Sec. 107.257. NONPROFIT AS OFFICE.  (a)  Before contracting with a nonprofit corporation to serve as an office of child representation or office of parent representation, the commissioners court or commissioners courts, as applicable, must solicit proposals for the office.
(b)  After considering each proposal for an office of child representation or office of parent representation submitted by a nonprofit corporation, the commissioners court or commissioners courts, as applicable, shall select a proposal that reasonably demonstrates that the office will provide adequate quality representation for children for whom appointed counsel is required under Section 107.012 or for parents for whom appointed counsel is required under Section 107.013, as applicable.
(c)  The total cost of the proposal may not be the sole consideration in selecting a proposal.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.067 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.258. Plan of Operation for Office

Sec. 107.258.  PLAN OF OPERATION FOR OFFICE.  The applicable commissioners court or commissioners courts shall require a written plan of operation from an entity serving as an office of child representation or office of parent representation. The plan must include:
(1)  a budget for the office, including salaries;
(2)  a description of each personnel position, including the chief counsel position;
(3)  the maximum allowable caseloads for each attorney employed by the office;
(4)  provisions for training personnel and attorneys employed by the office;
(5)  a description of anticipated overhead costs for the office;
(6)  policies regarding the use of licensed investigators and expert witnesses by the office; and
(7)  a policy to ensure that the chief of the office and other attorneys employed by the office do not provide representation to a child, a parent, or an alleged father, as applicable, if doing so would create a conflict of interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.068 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6).
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.259. Office Personnel

Sec. 107.259.  OFFICE PERSONNEL.  (a)  An office of child representation or office of parent representation must be directed by a chief counsel who:
(1)  is a member of the State Bar of Texas;
(2)  has practiced law for at least five years; and
(3)  has substantial experience in the practice of child protection law.
(b)  An office of child representation or office of parent representation may employ attorneys, licensed investigators, licensed social workers, and other personnel necessary to perform the duties of the office as specified by the commissioners court or commissioners courts.
(c)  An attorney for the office of child representation or office of parent representation must comply with any applicable continuing education and training requirements of Sections 107.004 and 107.0131 before accepting representation.
(d)  Except as authorized by this chapter, the chief counsel and other attorneys employed by an office of child representation or office of parent representation may not:
(1)  engage in the private practice of child protection law; or
(2)  accept anything of value not authorized by this chapter for services rendered under this chapter.
(e)  A judge may remove from a case a person who violates Subsection (d).
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.069 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 9, eff. September 1, 2023.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.260. Appointments in County in Which Office Created

Sec. 107.260.  APPOINTMENTS IN COUNTY IN WHICH OFFICE CREATED.  (a) If there is an office of child representation or office of parent representation serving a county, a court in that county shall appoint for a child or parent, as applicable, an attorney from the office in a suit filed in the county by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child, unless there is a conflict of interest or other reason to appoint a different attorney from the list maintained by the court of attorneys qualified for appointment under Section 107.012 or 107.013.
(b)  An office of child representation or office of parent representation may not accept an appointment if:
(1)  a conflict of interest exists;
(2)  the office has insufficient resources to provide adequate representation;
(3)  the office is incapable of providing representation in accordance with the rules of professional conduct;
(4)  the appointment would require one or more attorneys at the office to have a caseload that exceeds the maximum allowable caseload; or
(5)  the office shows other good cause for not accepting the appointment.
(c)  An office of parent representation may investigate the financial condition of any person the office is appointed to represent under Section 107.013.  The office shall report the results of the investigation to the appointing judge.  The judge may hold a hearing to determine if the person is indigent and entitled to appointment of representation under Section 107.013.
(d)  If it is necessary to appoint an attorney who is not employed by an office of child representation or office of parent representation for one or more parties, the attorney is entitled to the compensation provided by Section 107.015.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.070 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.261. Funding of Office

Sec. 107.261.  FUNDING OF OFFICE.  An office of child representation or office of parent representation is entitled to receive money for personnel costs and expenses incurred in operating as an office in amounts set by the commissioners court and paid out of the appropriate county fund, or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the office serves more than one county.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.071 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 G. Office of Child Representation and Office of Parent Representation › Section 107.262. Oversight Board

Sec. 107.262.  OVERSIGHT BOARD.  (a)  The commissioners court of a county or the commissioners courts of two or more counties may establish an oversight board for an office of child representation or office of parent representation created in accordance with this subchapter.
(b)  A commissioners court that establishes an oversight board under this section shall appoint members of the board.  Members may include one or more of the following:
(1)  an attorney with substantial experience in child welfare law;
(2)  the judge of a trial court having family law jurisdiction in the county or counties for which the office was created;
(3)  a county commissioner; and
(4)  a county judge.
(c)  A commissioners court may delegate to the oversight board any power or duty of the commissioners court to provide oversight of an office of child representation or office of parent representation under this subchapter, including:
(1)  recommending selection and removal of a chief counsel of the office;
(2)  setting policy for the office; and
(3)  developing a budget proposal for the office.
(d)  An oversight board established under this section may not access privileged or confidential information.
(e)  A judge who serves on an oversight board under this section has judicial immunity in a suit arising from the performance of a power or duty described by Subsection (c).
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.072 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(6), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.301. Definitions

Sec. 107.301.  DEFINITIONS.  In this subchapter:
(1)  "Governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.
(2)  "Program" means a managed assigned counsel program created under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.101 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.302. Managed Assigned Counsel Program

Sec. 107.302. MANAGED ASSIGNED COUNSEL PROGRAM.  (a)  A managed assigned counsel program may be operated with public money for the purpose of appointing counsel to provide legal representation and services for a child or parent in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child in which appointment is mandatory for a child under Section 107.012 or for a parent under Section 107.013.
(b)  The program may be operated by a governmental entity, nonprofit corporation, or local bar association under a written agreement with a governmental entity, other than an individual judge or court.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.102 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.303. Creation of Managed Assigned Counsel Program

Sec. 107.303.  CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM.  (a)  The commissioners court of a county, on written approval of a judge of a statutory county court or a district court having family law jurisdiction in the county, may appoint a governmental entity, nonprofit corporation, or local bar association to operate a managed assigned counsel program for the legal representation of:
(1)  a child in a suit in which appointment is mandatory under Section 107.012; or
(2)  a parent in a suit in which appointment is mandatory under Section 107.013.
(b)  The commissioners courts of two or more counties may enter into a written agreement to jointly appoint and fund a governmental entity, nonprofit corporation, or bar association to operate a program that provides legal representation for children, parents, or both children and parents.
(c)  In appointing an entity to operate a program under this subchapter, the commissioners court shall specify or the commissioners courts shall jointly specify:
(1)  the types of cases in which the program may appoint counsel under this section, and the courts in which the counsel appointed by the program may be required to appear; and
(2)  the term of any agreement establishing a program and how the agreement may be terminated or renewed.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.103 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.304. Plan for Program Required

Sec. 107.304. PLAN FOR PROGRAM REQUIRED.  The commissioners court or commissioners courts shall require a written plan of operation from an entity operating a program under this subchapter.  The plan of operation must include:
(1)  a budget for the program, including salaries;
(2)  a description of each personnel position, including the program's director;
(3)  the maximum allowable caseload for each attorney appointed under the program;
(4)  provisions for training personnel of the program and attorneys appointed under the program;
(5)  a description of anticipated overhead costs for the program;
(6)  a policy regarding licensed investigators and expert witnesses used by attorneys appointed under the program;
(7)  a policy to ensure that appointments are reasonably and impartially allocated among qualified attorneys; and
(8)  a policy to ensure that an attorney appointed under the program does not accept appointment in a case that involves a conflict of interest for the attorney.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.104 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.305. Program Director; Personnel

Sec. 107.305. PROGRAM DIRECTOR; PERSONNEL.  (a)  Unless a program uses a review committee appointed under Section 107.306, a program under this subchapter must be directed by a person who:
(1)  is a member of the State Bar of Texas;
(2)  has practiced law for at least three years; and
(3)  has substantial experience in the practice of child welfare law.
(b)  A program may employ personnel necessary to perform the duties of the program and enter into contracts necessary to perform the program's duties as specified by the commissioners court or commissioners courts under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.105 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(3), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.306. Review Committee

Sec. 107.306.  REVIEW COMMITTEE.  (a)  The governmental entity, nonprofit corporation, or local bar association operating a program may appoint a review committee of three or more individuals to approve attorneys for inclusion on the program's public appointment list.
(b)  Each member of the committee:
(1)  must meet the requirements described by Section 107.305(a) for the program director;
(2)  may not be employed as a prosecutor; and
(3)  may not be included on or apply for inclusion on the public appointment list.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.106 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(4), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.307. Appointment From Program's Public Appointment List

Sec. 107.307.  APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT LIST.  (a) The judge of a county served by a program shall make any appointment required under Section 107.012 or 107.013 in a suit filed in the county by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child from the program's public appointment list, unless there is a conflict of interest or other reason to appoint a different attorney from the list maintained by the court of attorneys qualified for appointment under Section 107.012 or 107.013.
(b)  The program's public appointment list from which an attorney is appointed under this section must contain the names of qualified attorneys, each of whom:
(1)  applies to be included on the list;
(2)  meets any applicable requirements, including any education and training programs required under Sections 107.004 and 107.0131; and
(3)  is approved by the program director or review committee, as applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.107 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 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 H. Managed Assigned Counsel Program for the Representation of Certain Children and Parents › Section 107.308. Funding of Program

Sec. 107.308.  FUNDING OF PROGRAM.  (a)  A program is entitled to receive money for personnel costs and expenses incurred in amounts set by the commissioners court and paid out of the appropriate county fund or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the program serves more than one county.
(b)  An attorney appointed under the program is entitled to reasonable fees as provided by Section 107.015.
Added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, eff. September 1, 2015.
Redesignated from Family Code, Section 107.108 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(7), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.001. Transmittal of Records of Suit by Clerk

Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK.  (a)  Except as provided by this chapter, the clerk of the court shall transmit to the vital statistics unit a certified record of the order rendered in a suit, together with the name and all prior names, birth date, and place of birth of the child on a form provided by the unit.  The form shall be completed by the petitioner and submitted to the clerk at the time the order is filed for record.
(b)  The vital statistics unit shall maintain these records in a central file according to the name, birth date, and place of birth of the child, the court that rendered the order, and the docket number of the suit.
(c)  Except as otherwise provided by law, the records required under this section to be maintained by the vital statistics unit are confidential.
(d)  In a Title IV-D case, the Title IV-D agency may transmit the record and information specified by Subsection (a) directly to the vital statistics unit.  The record and information are not required to be certified if transmitted by the Title IV-D agency under this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 16, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1390, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 4, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.034, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.002. Dissolution of Marriage Records Maintained by Clerk

Sec. 108.002.  DISSOLUTION OF MARRIAGE RECORDS MAINTAINED BY CLERK.  A clerk may not transmit to the central record file the pleadings, papers, studies, and records relating to a suit for divorce or annulment or to declare a marriage void.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.003. Transmittal of Information Regarding Adoption

Sec. 108.003.  TRANSMITTAL OF INFORMATION REGARDING ADOPTION.  (a)  The clerk of a court that renders a decree of adoption shall, not later than the 10th day of the first month after the month in which the adoption is rendered, transmit to the central registry of the vital statistics unit a certified report of adoption that includes:
(1)  the name of the adopted child after adoption as shown in the adoption order;
(2)  the birth date of the adopted child;
(3)  the docket number of the adoption suit;
(4)  the identity of the court rendering the adoption;
(5)  the date of the adoption order;
(6)  the name and address of each parent, guardian, managing conservator, or other person whose consent to adoption was required or waived under Chapter 162, or whose parental rights were terminated in the adoption suit;
(7)  the identity of the licensed child placing agency, if any, through which the adopted child was placed for adoption; and
(8)  the identity, address, and telephone number of the registry through which the adopted child may register as an adoptee.
(b)  Except as otherwise provided by law, for good cause shown, or on an order of the court that granted the adoption or terminated the proceedings under Section 155.001, the records concerning a child maintained by the district clerk after rendition of a decree of adoption, the records of a child-placing agency that has ceased operations, and the records required under this section to be maintained by the vital statistics unit are confidential, and no person is entitled to access to or information from these records.
(c)  If the vital statistics unit determines that a report filed with the unit under this section requires correction, the unit shall mail the report directly to an attorney of record with respect to the adoption.  The attorney shall return the corrected report to the unit.  If there is no attorney of record, the unit shall mail the report to the clerk of the court for correction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 17, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 6.16, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 9, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1128, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.035, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.004. Transmittal of Files on Loss of Jurisdiction

Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.  On the loss of jurisdiction of a court under Chapter 155, 159, or 262, the clerk of the court shall transmit to the central registry of the vital statistics unit a certified record, on a form provided by the unit, stating that jurisdiction has been lost, the reason for the loss of jurisdiction, and the name and all previous names, date of birth, and place of birth of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 18, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.036, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.005. Adoption Records Received by Vital Statistics Unit

Sec. 108.005.  ADOPTION RECORDS RECEIVED BY VITAL STATISTICS UNIT.  (a)  When the vital statistics unit receives a record from the district clerk showing that continuing, exclusive jurisdiction of a child has been lost due to the adoption of the child, the unit shall close the records concerning that child.
(b)  An inquiry concerning a child who has been adopted shall be handled as though the child had not previously been the subject of a suit affecting the parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 19, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1390, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.037, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.038, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.006. Fees

Sec. 108.006.  FEES.  (a)  The Department of State Health Services may charge a reasonable fee to cover the cost of determining and sending information concerning the identity of the court with continuing, exclusive jurisdiction.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(7), eff. January 1, 2022.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(7), eff. January 1, 2022.
(d)  The receipts from the fees charged under Subsection (a) shall be deposited in a financial institution as determined by the Department of State Health Services and withdrawn as necessary for the sole purpose of operating and maintaining the central record file.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 20, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.039, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(7), eff. January 1, 2022.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.007. Microfilm

Sec. 108.007.  MICROFILM.  (a)  The vital statistics unit may use microfilm or other suitable means for maintaining the central record file.
(b)  A certified reproduction of a document maintained by the vital statistics unit is admissible in evidence as the original document.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 21, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.040, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.008. Filing Information After Determination of Paternity

Sec. 108.008.  FILING INFORMATION AFTER DETERMINATION OF PATERNITY.  (a)  On a determination of paternity, the petitioner shall provide the clerk of the court in which the order was rendered the information necessary to prepare the report of determination of paternity.  The clerk shall:
(1)  prepare the report on a form provided by the vital statistics unit; and
(2)  complete the report immediately after the order becomes final.
(b)  On completion of the report, the clerk of the court shall forward to the state registrar a report for each order that became final in that court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.041, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.009. Birth Certificate

Sec. 108.009.  BIRTH CERTIFICATE.  (a)  The state registrar shall substitute a new birth certificate for the original based on the order in accordance with laws or rules that permit the correction or substitution of a birth certificate for an adopted child or a child whose parents marry each other subsequent to the birth of the child.
(b)  The new certificate may not show that the father and child relationship was established after the child's birth but may show the child's actual place and date of birth.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.12, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 108 - Central Record File; Vital Statistics › Section 108.110. Release of Information by Vital Statistics Unit

Sec. 108.110.  RELEASE OF INFORMATION BY VITAL STATISTICS UNIT.  (a)  The vital statistics unit shall provide to the Department of Family and Protective Services:
(1)  adoption information as necessary for the department to comply with federal law or regulations regarding the compilation or reporting of adoption information to federal officials; and
(2)  other information as necessary for the department to administer its duties.
(b)  The unit may release otherwise confidential information from the unit's central record files to another governmental entity that has a specific need for the information and maintains appropriate safeguards to prevent further dissemination of the information.
Added by Acts 1999, 76th Leg., ch. 1390, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.042, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 109 - Appeals › Section 109.002. Appellate Review

Sec. 109.002.  APPELLATE REVIEW.  (a)  An appeal from a final order rendered in a suit, when allowed under this section or under other provisions of law, shall be as in civil cases generally under the Texas Rules of Appellate Procedure, except that an appeal from a final order rendered under Subchapter D, Chapter 152, must comply with Section 152.314.
(a-1)  An appeal in a suit in which termination of the parent-child relationship is ordered shall be given precedence over other civil cases by the appellate courts, shall be accelerated, and shall follow the procedures for an accelerated appeal under the Texas Rules of Appellate Procedure.
(b)  An appeal may be taken by any party to a suit from a final order rendered under this title.
(c)  An appeal from a final order, with or without a supersedeas bond, does not suspend the order unless suspension is ordered by the court rendering the order.  The appellate court, on a proper showing, may permit the order to be suspended, unless the order provides for the termination of the parent-child relationship in a suit brought by the state or a political subdivision of the state permitted by law to bring the suit.
(d)  On the motion of the parties or on the court's own motion, the appellate court in its opinion may identify the parties by fictitious names or by their initials only.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.17, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 539, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 3, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 109 - Appeals › Section 109.003. Payment for Court Reporter's Record

Sec. 109.003.  PAYMENT FOR COURT REPORTER'S RECORD.  (a)  If the party requesting a court reporter's record in an appeal of a suit has filed an affidavit stating the party's inability to pay costs as provided by Rule 20, Texas Rules of Appellate Procedure, and the affidavit is approved by the trial court, the trial court may order the county in which the trial was held to pay the costs of preparing the court reporter's record.
(b)  Nothing in this section shall be construed to permit an official court reporter to be paid more than once for the preparation of the court reporter's record.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 472, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 5.0025, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.001. General Rule

Sec. 110.001.  GENERAL RULE.  Except as provided by this chapter, fees in a matter covered by this title shall be as in civil cases generally.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.002. Filing Fees and Deposits

Sec. 110.002.  FILING FEES AND DEPOSITS.
(a)  The clerk of the court may collect a filing fee of $80 in a suit for filing:
(1)  a suit or motion for modification;
(2)  a motion for enforcement;
(3)  a notice of application for judicial writ of withholding;
(4)  a petition for license suspension;
(5)  a motion to revoke a stay of license suspension; or
(6)  a motion for contempt.
(b)  No other filing fee may be collected or required for an action described in this section.
(c)  The clerk may collect a deposit as in other cases, in the amount set by the clerk for payment of expected costs and other expenses arising in the proceeding.
(d)  Fees collected under this section are to be remitted and allocated as provided by Chapters 133 and 135, Local Government Code, as applicable.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 976, Sec. 6, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 268, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 9, eff. January 1, 2024.