Texas Family Code - Section 107.003. Powers And Duties Of Attorney Ad Litem For Child And Amicus Attorney
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§ 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
CHILD AND AMICUS ATTORNEY. 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 an authorized agency; and
(G) attend all legal proceedings in the suit.
Added by Acts 1997, 75th Leg., ch. 1294, § 3, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1,
2003; Acts 2005, 79th Leg., ch. 172, § 2, eff. Sept. 1, 2005.
Section: 105.007 105.008 105.009 106.001 106.002 107.001 107.002 107.003 107.004 107.0045 107.005 107.006 107.007 107.008 107.009
Last modified: August 11, 2007
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