Tex. Fam. Code § 107.003

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 107.003 - Powers and Duties of Attorney Ad Litem for Child and Amicus Attorney
(a) An attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview:
(i) the child in a developmentally appropriate manner, if the child is four years of age or older;
(ii) each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and
(iii) the parties to the suit;
(B) seek to elicit in a developmentally appropriate manner the child's expressed objectives of representation;
(C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court;
(D) investigate the facts of the case to the extent the attorney considers appropriate;
(E) obtain and review copies of relevant records relating to the child as provided by Section 107.006;
(F) participate in the conduct of the litigation to the same extent as an attorney for a party;
(G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings;
(H) encourage settlement and the use of alternative forms of dispute resolution; and
(I) review and sign, or decline to sign, a proposed or agreed order affecting the child;
(2) must be trained in child advocacy or have experience determined by the court to be equivalent to that training; and
(3) is entitled to:
(A) request clarification from the court if the role of the attorney is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview of the child by another attorney;
(D) receive a copy of each pleading or other paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services; and
(G) attend all legal proceedings in the suit.
(b) In addition to the duties required by Subsection (a), an attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 shall:
(1) review the medical care provided to the child;
(2) in a developmentally appropriate manner, seek to elicit the child's opinion on the medical care provided;
(3) for a child at least 16 years of age:
(A) advise the child of the child's right to request the court to authorize the child to consent to the child's own medical care under Section 266.010; and
(B) ascertain whether the child has received the following documents:
(i) a certified copy of the child's birth certificate;
(ii) a social security card or a replacement social security card;
(iii) a driver's license or personal identification certificate under Chapter 521, Transportation Code; and
(iv) any other personal document the Department of Family and Protective Services determines appropriate; and
(4) seek to elicit in a developmentally appropriate manner the name of any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services.

Tex. Fam. Code § 107.003

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 8,Sec. 1, eff. 9/1/2021.
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1294,Sec. 2, eff. 6/14/2019.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 937,Sec. 2, eff. 9/1/2017.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 319,Sec. 3, eff. 9/1/2017.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 1.033, eff. 4/2/2015.
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 204,Sec. 2, eff. 9/1/2013.
Amended By Acts 2005, 79th Leg., Ch. 172, Sec. 2, eff. 9/1/2005.
Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. 9/1/2003.
Added by Acts 1997, 75th Leg., ch. 1294, Sec. 3, eff. 9/1/1997.