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Texas Family Code - Section 107.004. Additional Duties Of Attorney Ad Litem For Child

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 107.004. Additional Duties Of Attorney Ad Litem For Child

§ 107.004. ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR 
CHILD.  (a) Except as otherwise provided by this chapter, the 
attorney ad litem appointed for a child shall, in a developmentally 
appropriate manner:
		(1)  advise the child;                                                        
		(2)  represent the child's expressed objectives of 
representation and follow the child's expressed objectives of 
representation during the course of litigation if the attorney ad 
litem determines that the child is competent to understand the 
nature of an attorney-client relationship and has formed that 
relationship with the attorney ad litem;  and
		(3)  as appropriate, considering the nature of the 
appointment, become familiar with the American Bar Association's 
standards of practice for attorneys who represent children in abuse 
and neglect cases, the suggested amendments to those standards 
adopted by the National Association of Counsel for Children, and 
the American Bar Association's standards of practice for attorneys 
who represent children in custody cases.
	(b)  An attorney ad litem appointed for a child in a 
proceeding under Chapter 262 or 263 shall complete at least three 
hours of continuing legal education relating to child advocacy as 
described by Subsection (c) as soon as practicable after the 
attorney ad litem's appointment.  An attorney ad litem is not 
required to comply with this subsection if the court finds that the 
attorney ad litem has experience equivalent to the required 
education.
	(c)  The continuing legal education required by Subsection 
(b) must:         
		(1)  be low-cost and available to persons throughout 
this state, including on the Internet provided through the State 
Bar of Texas;  and
		(2)  focus on the duties of an attorney ad litem in, and 
the procedures of and best practices for, a proceeding under 
Chapter 262 or 263.
	(d)  Except as provided by Subsection (e), an attorney ad 
litem appointed for a child in a proceeding under Chapter 262 or 263 
shall meet before each court hearing with:
		(1)  the child, if the child is at least four years of 
age;  or             
		(2)  the individual with whom the child ordinarily 
resides, including the child's parent, conservator, guardian, 
caretaker, or custodian, if the child is younger than four years of 
age.
	(e)  An attorney ad litem appointed for a child in a 
proceeding under Chapter 262 or 263 is not required to comply with 
Subsection (d) before a hearing if the court finds at that hearing 
that the attorney ad litem has shown good cause why the attorney ad 
litem's compliance with that subsection is not feasible or in the 
best interest of the child.

Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 172, § 3, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 268, § 1.04(a), eff. Sept. 1, 
2005.

Last modified: August 11, 2007