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Texas Family Code - Section 107.005. Additional Duties Of Amicus Attorney

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 107.005. Additional Duties Of Amicus Attorney

§ 107.005. ADDITIONAL DUTIES OF AMICUS ATTORNEY.  (a) 
Subject to any specific limitation in the order of appointment, an 
amicus attorney shall advocate the best interests of the child 
after reviewing the facts and circumstances of the case.  
Notwithstanding Subsection (b), in determining the best interests 
of the child, an amicus attorney is not bound by the child's 
expressed objectives of representation.
	(b)  An amicus attorney shall, in a developmentally 
appropriate manner:      
		(1)  with the consent of the child, ensure that the 
child's expressed objectives of representation are made known to 
the court;
		(2)  explain the role of the amicus attorney to the 
child;                  
		(3)  inform the child that the amicus attorney may use 
information that the child provides in providing assistance to the 
court;  and
		(4)  become familiar with the American Bar 
Association's standards of practice for attorneys who represent 
children in custody cases.
	(c)  An amicus attorney may not disclose confidential 
communications between the amicus attorney and the child unless the 
amicus attorney determines that disclosure is necessary to assist 
the court regarding the best interests of the child.

Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 172, § 4, eff. Sept. 1, 
2005.

Last modified: August 11, 2007