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 104 - Evidence › Section 104.003. Prerecorded Videotaped Testimony of Child

Sec. 104.003.  PRERECORDED VIDEOTAPED TESTIMONY OF CHILD.  (a)  The court may, on the motion of a party to the proceeding, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court, the finder of fact, and the parties to the proceeding.
(b)  Only an attorney for each party, an attorney ad litem for the child or other person whose presence would contribute to the welfare and well-being of the child, and persons necessary to operate the equipment may be present in the room with the child during the child's testimony.
(c)  Only the attorneys for the parties may question the child.
(d)  The persons operating the equipment shall be placed in a manner that prevents the child from seeing or hearing them.
(e)  The court shall ensure that:
(1)  the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(2)  the recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered;
(3)  each voice on the recording is identified;  and
(4)  each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom.
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 104 - Evidence › Section 104.004. Remote Televised Broadcast of Testimony of Child

Sec. 104.004.  REMOTE TELEVISED BROADCAST OF TESTIMONY OF CHILD.  (a)  If in a suit a child 12 years of age or younger is alleged to have been abused, the court may, on the motion of a party to the proceeding, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court and the parties.
(b)  The procedures that apply to prerecorded videotaped testimony of a child apply to the remote broadcast of testimony of a child.
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 104 - Evidence › Section 104.005. Substitution for In-Court Testimony of Child

Sec. 104.005.  SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.  (a)  If the testimony of a child is taken as provided by this chapter, the child may not be compelled to testify in court during the proceeding.
(b)  The court may allow the testimony of a child of any age to be taken in any manner provided by this chapter if the child, because of a medical condition, is incapable of testifying in open court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 11, eff. Sept. 1, 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 104 - Evidence › Section 104.006. Hearsay Statement of Child Abuse Victim

Sec. 104.006.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  In a suit affecting the parent-child relationship, a statement made by a child 12 years of age or younger that describes alleged abuse against the child, without regard to whether the statement is otherwise inadmissible as hearsay, is admissible as evidence if, in a hearing conducted outside the presence of the jury, the court finds that the time, content, and circumstances of the statement provide sufficient indications of the statement's reliability and:
(1)  the child testifies or is available to testify at the proceeding in court or in any other manner provided for by law;  or
(2)  the court determines that the use of the statement in lieu of the child's testimony is necessary to protect the welfare of the child.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 104 - Evidence › Section 104.007. Video Testimony of Certain Professionals

Sec. 104.007.  VIDEO TESTIMONY OF CERTAIN PROFESSIONALS.  (a)  In this section, "professional" has the meaning assigned by Section 261.101(b).
(b)  In a proceeding brought by the Department of Family and Protective Services concerning a child who is alleged in a suit to have been abused or neglected, the court may order that the testimony of a professional be taken outside the courtroom by videoconference:
(1)  on the agreement of the department's counsel and respondent's counsel; or
(2)  if good cause exists, on the court's own motion.
(c)  In ordering testimony to be taken as provided by Subsection (b), the court shall ensure that the videoconference testimony allows:
(1)  the parties and attorneys involved in the proceeding to be able to see and hear the professional as the professional testifies;  and
(2)  the professional to be able to see and hear the parties and attorneys examining the professional while the professional is testifying.
(d)  If the court permits the testimony of a professional by videoconference as provided by this section to be admitted during the proceeding, the professional may not be compelled to be physically present in court during the same proceeding to provide the same testimony unless ordered by the court.
Added by Acts 2003, 78th Leg., ch. 266, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 9, 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 104 - Evidence › Section 104.008. Certain Testimony Prohibited

Sec. 104.008.  CERTAIN TESTIMONY PROHIBITED.  (a)  A person may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child at issue in a suit unless the person has conducted a child custody evaluation relating to the child under Subchapter D, Chapter 107.
(a-1)  Subsection (a) does not prohibit a person from offering an expert opinion regarding the qualifications of, reliability of the methodology used by, or relevance of the information obtained by a person who has conducted a custody evaluation relating to the child under Subchapter D, Chapter 107, as long as the person's testimony does not violate Subsection (a).
(b)  In a contested suit, a mental health professional may provide other relevant information and opinions, other than those prohibited by Subsection (a), relating to any party that the mental health professional has personally evaluated.
(c)  This section does not apply 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. 2.01, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1114 (H.B. 891), Sec. 1, 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 105 - Settings, Hearings, and Orders › Section 105.0011. Information Regarding Protective Orders

Sec. 105.0011.  INFORMATION REGARDING PROTECTIVE ORDERS.  At any time while a suit is pending, if the court believes, on the basis of any information received by the court, that a party to the suit or a member of the party's family or household may be a victim of family violence, the court shall inform that party of the party's right to apply for a protective order under Title 4.
Added by Acts 2005, 79th Leg., Ch. 361 (S.B. 1275), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 105 - Settings, Hearings, and Orders › Section 105.002. Jury

Sec. 105.002.  JURY.  (a)  Except as provided by Subsection (b), a party may demand a jury trial.
(b)  A party may not demand a jury trial in:
(1)  a suit in which adoption is sought, including a trial on the issue of denial or revocation of consent to the adoption by the managing conservator;  or
(2)  a suit to adjudicate parentage under Chapter 160.
(c)  In a jury trial:
(1)  a party is entitled to a verdict by the jury and the court may not contravene a jury verdict on the issues of:
(A)  the appointment of a sole managing conservator;
(B)  the appointment of joint managing conservators;
(C)  the appointment of a possessory conservator;
(D)  the determination of which joint managing conservator has the exclusive right to designate the primary residence of the child;
(E)  the determination of whether to impose a restriction on the geographic area in which a sole managing conservator or joint managing conservator may designate the child's primary residence; and
(F)  if a restriction described by Paragraph (E) is imposed, the determination of the geographic area within which the sole managing conservator or joint managing conservator must designate the child's primary residence; and
(2)  the court may not submit to the jury questions on the issues of:
(A)  support under Chapter 154 or Chapter 159;
(B)  a specific term or condition of possession of or access to the child; or
(C)  any right or duty of a conservator, other than a determination under Subdivision (1)(D), (E), or (F).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 180, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 821, Sec. 2.10, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 1036, Sec. 2, 22, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 6, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 228 (H.B. 868), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 105 - Settings, Hearings, and Orders › Section 105.003. Procedure for Contested Hearing

Sec. 105.003.  PROCEDURE FOR CONTESTED HEARING.  (a)  Except as otherwise provided by this title, proceedings shall be as in civil cases generally.
(b)  On the agreement of all parties to the suit, the court may limit attendance at the hearing to only those persons who have a direct interest in the suit or in the work of the court.
(c)  A record shall be made as in civil cases generally unless waived by the parties with the consent of the court.
(d)  When information contained in a report, study, or examination is before the court, the person making the report, study, or examination is subject to both direct examination and cross-examination as in civil cases generally.
(e)  The hearing may be adjourned from time to time.
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 105 - Settings, Hearings, and Orders › Section 105.004. Preferential Setting

Sec. 105.004.  PREFERENTIAL SETTING.  After a hearing, the court may:
(1)  grant a motion filed by a party or by the amicus attorney or attorney ad litem for the child for a preferential setting for a trial on the merits; and
(2)  give precedence to that hearing over other civil cases if the court finds that the delay created by ordinary scheduling practices will unreasonably affect the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 16, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 105 - Settings, Hearings, and Orders › Section 105.005. Findings

Sec. 105.005.  FINDINGS.  Except as otherwise provided by this title, the court's findings shall be based on a preponderance of the evidence.
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 105 - Settings, Hearings, and Orders › Section 105.007. Compliance With Order Requiring Notice of Change of Required Information

Sec. 105.007.  COMPLIANCE WITH ORDER REQUIRING NOTICE OF CHANGE OF REQUIRED INFORMATION.  (a)  A party shall comply with the order by giving written notice to each other party of an intended change in the party's current residence address, mailing address, e-mail address, home telephone number, name of employer, address of employment, and work telephone number.
(b)  The party must give written notice by registered or certified mail of an intended change in the required information to each other party on or before the 60th day before the change is made.  If the party does not know or could not have known of the change in sufficient time to provide 60-day notice, the party shall provide the written notice of the change on or before the fifth day after the date that the party knew of the change.
(c)  The court may waive the notice required by this section on motion by a party if it finds that the giving of notice of a change of the required information would be likely to expose the child or the party to harassment, abuse, serious harm, or injury.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 14, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 4, 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 105 - Settings, Hearings, and Orders › Section 105.008. Record of Support Order for State Case Registry

Sec. 105.008.  RECORD OF SUPPORT ORDER FOR STATE CASE REGISTRY.  (a)  The clerk of the court shall provide the state case registry with a record of a court order for child support, medical support, and dental support.  The record of a support order shall include information provided by the parties on a form developed by the Title IV-D agency.  The form shall be completed by the petitioner and submitted to the clerk at the time the order is filed for record.
(b)  The form described by Subsection (a) may include an option for a party to apply for child support services provided by the Title IV-D agency.  If a party applies for child support services, the party or the party's authorized representative must sign the form.
(c)  To the extent federal funds are available, the Title IV-D agency shall reimburse the clerk of the court for the costs incurred in providing the record of support order required under this section.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 5, eff. June 18, 2005.
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 106 - Costs and Attorney's Fees › Section 106.001. Costs

Sec. 106.001.  COSTS.  The court may award costs in a suit or motion under this title and in a habeas corpus proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 15, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 106 - Costs and Attorney's Fees › Section 106.002. Attorney's Fees and Expenses

Sec. 106.002.  ATTORNEY'S FEES AND EXPENSES.  (a)  In a suit under this title, the court may render judgment for reasonable attorney's fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney.
(b)  A judgment for attorney's fees and expenses may be enforced in the attorney's name by any means available for the enforcement of a judgment for debt.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 15, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 478, Sec. 1, eff. Sept. 1, 2003.
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 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.
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 A. Court-Ordered Representation in Suits Affecting the Parent-Child Relationship › Section 107.0042. Report on Percentage of Professional Practice Time as Attorney Ad Litem

Sec. 107.0042.  REPORT ON PERCENTAGE OF PROFESSIONAL PRACTICE TIME AS ATTORNEY AD LITEM.  Not later than October 15 of each year and on a form prescribed by the Texas Indigent Defense Commission, an attorney appointed as an attorney ad litem in a proceeding filed by the Department of Family and Protective Services under Title 5 shall submit to the county or the Texas Indigent Defense Commission a report for the preceding state fiscal year that describes the percentage of the attorney's professional practice time that was dedicated to the attorney's appointment as an attorney ad litem in the county under Title 5.
Added by Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 8, eff. September 1, 2023.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.011. Mandatory Appointment of Guardian Ad Litem

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;  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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.012. Mandatory Appointment of Attorney Ad Litem for Child

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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.0125. Appointment of Attorney in Dual Role

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 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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.0132. Powers and Duties of Attorney Ad Litem for Alleged Father

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 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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.0133. Discipline of Attorney Ad Litem for Parent or Alleged Father

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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.014. Powers and Duties of Attorney Ad Litem for Certain Parents

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 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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.0141. Temporary Appointment of Attorney Ad Litem for Certain Parents

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 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.
(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 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.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.015. Attorney Fees

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 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.