relating to special appointments in suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.001(1), Family Code, is amended to
read as follows:
(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, including by acting as a
witness or making recommendations to the court.
SECTION 2. The heading to Section 107.003, Family Code, is
amended to read as follows:
Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
CHILD [AND AMICUS ATTORNEY].
SECTION 3. Section 107.003(a), Family Code, is amended to
read as follows:
(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.
SECTION 4. Section 107.007(a), Family Code, is amended to
read as follows:
(a) An attorney ad litem or [,] an attorney serving in the
dual role[, or an amicus attorney] may not:
(1) be compelled to produce attorney work product
Statutes affected: Introduced: Family Code 107.001, Family Code 107.003, Family Code 107.007, Family Code 107.009, Family Code 107.021, Family Code 107.005 (Family Code 107)