Texas Family Code - Section 107.002. Powers And Duties Of Guardian Ad Litem For Child
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§ 107.002. POWERS AND DUTIES OF GUARDIAN AD LITEM FOR
CHILD. (a) A guardian ad litem appointed for a child under this
chapter is not a party to the suit but may:
(1) conduct an investigation to the extent that the
guardian ad litem considers necessary to determine the best
interests of the child; and
(2) obtain and review copies of the child's relevant
medical, psychological, and school records as provided by Section
107.006.
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including any foster parent of
the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's expressed objectives;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(c) A guardian ad litem appointed for the child under this
chapter is entitled to:
(1) receive a copy of each pleading or other paper
filed with the court in the case in which the guardian ad litem is
appointed;
(2) receive notice of each hearing in the case;
(3) participate in case staffings by an authorized
agency concerning the child;
(4) attend all legal proceedings in the case but may
not call or question a witness or otherwise provide legal services
unless the guardian ad litem is a licensed attorney who has been
appointed in the dual role;
(5) review and sign, or decline to sign, an agreed
order affecting the child; and
(6) explain the basis for the guardian ad litem's
opposition to the agreed order if the guardian ad litem does not
agree to the terms of a proposed order.
(d) The court may compel the guardian ad litem to attend a
trial or hearing and to testify as necessary for the proper
disposition of the suit.
(e) Unless the guardian ad litem is an attorney who has been
appointed in the dual role and subject to the Texas Rules of
Evidence, the court shall ensure in a hearing or in a trial on the
merits that a guardian ad litem has an opportunity to testify
regarding, and is permitted to submit a report regarding, the
guardian ad litem's recommendations relating to:
(1) the best interests of the child; and
(2) the bases for the guardian ad litem's
recommendations.
(f) In a nonjury trial, a party may call the guardian ad
litem as a witness for the purpose of cross-examination regarding
the guardian's report without the guardian ad litem being listed as
a witness by a party. If the guardian ad litem is not called as a
witness, the court shall permit the guardian ad litem to testify in
the narrative.
(g) In a contested case, the guardian ad litem shall provide
copies of the guardian ad litem's report, if any, to the attorneys
for the parties as directed by the court, but not later than the
earlier of:
(1) the date required by the scheduling order; or
(2) the 10th day before the date of the commencement of
the trial.
(h) Disclosure to the jury of the contents of a guardian ad
litem's report to the court is subject to the Texas Rules of
Evidence.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. Sept. 1, 1995.
Amended by Acts 1995, 74th Leg., ch. 943, § 10, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1294, § 2, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 172, § 1, eff. Sept. 1, 2005.
Section: 105.006 105.007 105.008 105.009 106.001 106.002 107.001 107.002 107.003 107.004 107.0045 107.005 107.006 107.007 107.008
Last modified: August 11, 2007
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