Texas Family Code Title 5, Chapter 107 - Special Appointments, Child Custody Evaluations, And Adoption Evaluations

SUBCHAPTER A COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

• Texas Section 107.001 - Definitions
  In this chapter: (1) "Amicus attorney" means an attorney appointed by the court in a suit, other than a suit filed by a governmental entity,...
• Texas Section 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...
• Texas Section 107.003 - Powers And Duties Of Attorney Ad Litem For Child And Amicus Attorney
  (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...
• Texas Section 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...
• Texas Section 107.0045 - Discipline Of Attorney Ad Litem
  An attorney ad litem who fails to perform the duties required by Sections 107.003 and 107.004 is subject to disciplinary action under Subchapter E, Chapter...
• Texas Section 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...
• Texas Section 107.006 - Access To Child And Information Relating To Child
  (a) In conjunction with an appointment under this chapter, other than an appointment of an attorney ad litem for an adult or a parent, the...
• Texas Section 107.007 - Attorney Work Product And Testimony
  (a) An attorney ad litem, an attorney serving in the dual role, or an amicus attorney may not: (1) be compelled to produce attorney work...
• Texas Section 107.008 - Substituted Judgment Of Attorney For Child
  (a) An attorney ad litem appointed to represent a child or an attorney appointed in the dual role may determine that the child cannot meaningfully...
• Texas Section 107.009 - Immunity
  (a) A guardian ad litem, an attorney ad litem, or an amicus attorney appointed under this chapter is not liable for civil damages arising from...

SUBCHAPTER B APPOINTMENTS IN CERTAIN SUITS

• Texas Section 107.010 - Discretionary Appointment Of Attorney Ad Litem For Incapacitated Person
  The court may appoint an attorney to serve as an attorney ad litem for a person entitled to service of citation in a suit if...
• Texas Section 107.011 - Mandatory Appointment Of Guardian Ad Litem
  (a) Except as otherwise provided by this subchapter, in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment...
• Texas Section 107.012 - Mandatory Appointment Of Attorney Ad Litem For Child
  In a suit filed by a governmental entity requesting termination of the parent-child relationship or to be named conservator of a child, the court shall...
• Texas Section 107.0125 - Appointment Of Attorney In Dual Role
  (a) In order to comply with the mandatory appointment of a guardian ad litem under Section 107.011 and the mandatory appointment of an attorney ad...
• Texas Section 107.013 - Mandatory Appointment Of Attorney Ad Litem For Parent
  (a) In a suit filed by a governmental entity under Subtitle E in which termination of the parent-child relationship or the appointment of a conservator...
• Texas Section 107.0131 - Powers And Duties Of Attorney Ad Litem For Parent
  (a) An attorney ad litem appointed under Section 107.013 to represent the interests of a parent: (1) shall: (A) subject to Rules 4.02, 4.03, and...
• Texas Section 107.0132 - Powers And Duties Of Attorney Ad Litem For Alleged Father
  (a) Except as provided by Subsections (b) and (d), an attorney ad litem appointed under Section 107.013 to represent the interests of an alleged father...
• Texas Section 107.0133 - Discipline Of Attorney Ad Litem For Parent Or Alleged Father
  An attorney ad litem appointed for a parent or an alleged father who fails to perform the duties required by Section 107.0131 or 107.0132, as...
• Texas Section 107.014 - Powers And Duties Of Attorney Ad Litem For Certain Parents
  (a) Except as provided by Subsections (b) and (e), an attorney ad litem appointed under Section 107.013 to represent the interests of a parent whose...
• Texas Section 107.0141 - Temporary Appointment Of Attorney Ad Litem For Certain Parents
  (a) The court may appoint an attorney ad litem to represent the interests of a parent for a limited period beginning at the time the...
• Texas Section 107.015 - Attorney Fees
  (a) An attorney appointed under this chapter to serve as an attorney ad litem for a child, an attorney in the dual role, or an...
• Texas Section 107.016 - Continued Representation; Duration Of Appointment
  In a suit filed by a governmental entity in which termination of the parent-child relationship or appointment of the entity as conservator of the child...
• Texas Section 107.0161 - Ad Litem Appointments For Child Committed To Texas Juvenile Justice Department
  If an order appointing the Department of Family and Protective Services as managing conservator of a child does not continue the appointment of the child's...
• Texas Section 107.017 - Appointment Of Amicus Attorney Prohibited
  The court may not appoint a person to serve as an amicus attorney in a suit filed by a governmental entity under this chapter. Added...
• Texas Section 107.021 - Discretionary Appointments
  (a) In a suit in which the best interests of a child are at issue, other than a suit filed by a governmental entity requesting...
• Texas Section 107.022 - Certain Prohibited Appointments
  In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator...

SUBCHAPTER C APPOINTMENT OF VOLUNTEER ADVOCATES

• Texas Section 107.023 - Fees In Suits Other Than Suits By Governmental Entity
  (a) In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as...

SUBCHAPTER D CHILD CUSTODY EVALUATION

• Texas Section 107.031 - Volunteer Advocates
  (a) In a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child,...
• Texas Section 107.101 - Definitions
  In this subchapter: (1) "Child custody evaluation" means an evaluative process ordered by a court in a contested case through which information, opinions, recommendations, and...
• Texas Section 107.102 - Applicability
  (a) For purposes of this subchapter, a child custody evaluation does not include services provided in accordance with the Interstate Compact on the Placement of...
• Texas Section 107.1025 - Effect Of Mental Examination
  A mental examination described by Rule 204.4, Texas Rules of Civil Procedure, does not by itself satisfy the requirements for a child custody evaluation under...
• Texas Section 107.103 - Order For Child Custody Evaluation
  (a) The court, after notice and hearing or on agreement of the parties, may order the preparation of a child custody evaluation regarding: (1) the...
• Texas Section 107.104 - Child Custody Evaluator: Minimum Qualifications
  (a) In this section: (1) "Full-time experience" means a period during which an individual works at least 30 hours per week. (2) "Human services field...
• Texas Section 107.105 - Child Custody Evaluation: Specialized Training Required
  (a) The court shall determine whether the qualifications of a child custody evaluator satisfy the requirements of this subchapter. (b) A child custody evaluator must...
• Texas Section 107.106 - Exception To Qualifications Required To Conduct Child Custody Evaluation
  (a) In a county with a population of less than 500,000, if a court finds that an individual who meets the requirements of Section 107.104...
• Texas Section 107.107 - Child Custody Evaluator: Conflicts Of Interest And Bias
  (a) Before accepting appointment as a child custody evaluator in a suit, a person must disclose to the court, each attorney for a party to...
• Texas Section 107.108 - General Provisions Applicable To Conduct Of Child Custody Evaluation And Preparation Of Report
  (a) Unless otherwise directed by a court or prescribed by a provision of this title, a child custody evaluator's actions in conducting a child custody...
• Texas Section 107.109 - Elements Of Child Custody Evaluation
  (a) A child custody evaluator may not offer an opinion regarding conservatorship of a child who is the subject of a suit or possession of...
• Texas Section 107.110 - Psychometric Testing
  (a) A child custody evaluator may conduct psychometric testing as part of a child custody evaluation if: (1) ordered by the court or determined necessary...
• Texas Section 107.1101 - Effect Of Potentially Undiagnosed Serious Mental Illness
  (a) In this section, "serious mental illness" has the meaning assigned by Section 1355.001, Insurance Code. (b) If a child custody evaluator identifies the presence...
• Texas Section 107.111 - Child Custody Evaluator Access To Investigative Records Of Department; Offense
  (a) A child custody evaluator appointed by a court is entitled to obtain from the department a complete, unredacted copy of any investigative record regarding...
• Texas Section 107.112 - Communications And Recordkeeping Of Child Custody Evaluator
  (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a child custody evaluator, a communication made by a...
• Texas Section 107.113 - Child Custody Evaluation Report Required
  (a) A child custody evaluator who conducts a child custody evaluation shall prepare and file a report containing the evaluator's findings, opinions, recommendations, and answers...
• Texas Section 107.114 - Introduction And Provision Of Child Custody Evaluation Report
  (a) Disclosure to the jury of the contents of a child custody evaluation report prepared under Section 107.113 is subject to the rules of evidence....
• Texas Section 107.115 - Child Custody Evaluation Fee
  If the court orders a child custody evaluation to be conducted, the court shall award the person appointed as the child custody evaluator a reasonable...
• Texas Section 107.061 - Definition
  In this subchapter, "governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042,...
• Texas Section 107.062 - Applicability
  This subchapter applies to a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a...
• Texas Section 107.063 - Nonprofit Funding
  This subchapter does not limit or prevent a nonprofit corporation from receiving and using money obtained from other entities to provide legal representation and services...
• Texas Section 107.064 - Office Of Child Representation
  An office of child representation is an entity that uses public money to provide legal representation and services for a child in a suit filed...
• Texas Section 107.065 - Office Of Parent Representation
  An office of parent representation is an entity that uses public money to provide legal representation and services for a parent in a suit filed...
• Texas Section 107.066 - Creation Of Office Of Child Representation Or Office Of Parent Representation
  (a) An office described by Section 107.064 or 107.065 may be a governmental entity or a nonprofit corporation operating under a written agreement with a...
• Texas Section 107.067 - Nonprofit As Office
  (a) Before contracting with a nonprofit corporation to serve as an office of child representation or office of parent representation, the commissioners court or commissioners...
• Texas Section 107.068 - Plan Of Operation For Office
  The applicable commissioners court or commissioners courts shall require a written plan of operation from an entity serving as an office of child representation or...
• Texas Section 107.069 - Office Personnel
  (a) An office of child representation or office of parent representation must be directed by a chief counsel who: (1) is a member of the...
• Texas Section 107.070 - Appointments In County In Which Office Created
  (a) If there is an office of child representation or office of parent representation serving a county, a court in that county shall appoint for...
• Texas Section 107.071 - Funding Of Office
  An office of child representation or office of parent representation is entitled to receive money for personnel costs and expenses incurred in operating as an...

SUBCHAPTER E ADOPTION EVALUATION

• Texas Section 107.072 - Oversight Board
  (a) The commissioners court of a county or the commissioners courts of two or more counties may establish an oversight board for an office of...
• Texas Section 107.151 - Definitions
  In this subchapter: (1) "Adoption evaluation" means a pre-placement or post-placement evaluative process through which information and recommendations regarding adoption of a child may be...
• Texas Section 107.152 - Applicability
  (a) For purposes of this subchapter, an adoption evaluation does not include services provided in accordance with the Interstate Compact on the Placement of Children...
• Texas Section 107.153 - Order For Adoption Evaluation
  (a) The court shall order the performance of an adoption evaluation to evaluate each party who requests termination of the parent-child relationship or an adoption...
• Texas Section 107.154 - Adoption Evaluator: Minimum Qualifications
  (a) In this section: (1) "Full-time experience" means a period during which a person works at least 30 hours per week. (2) "Human services field...
• Texas Section 107.155 - Exception To Qualifications Required To Conduct Adoption Evaluation
  (a) In a county with a population of less than 500,000, if a court finds that an individual who meets the requirements of Section 107.154...
• Texas Section 107.156 - Adoption Evaluator: Conflicts Of Interest And Bias
  (a) Before accepting appointment as an adoption evaluator in a suit, a person must disclose to the court, each attorney for a party to the...
• Texas Section 107.157 - Reporting Certain Placements For Adoption
  An adoption evaluator shall report to the department any adoptive placement that appears to have been made by someone other than a licensed child-placing agency...
• Texas Section 107.158 - General Provisions Applicable To Conduct Of Adoption Evaluator And Preparation Of Reports
  (a) Unless otherwise directed by a court or prescribed by this subchapter, an adoption evaluator's actions in conducting an adoption evaluation must be in conformance...
• Texas Section 107.159 - Requirements For Pre-placement Portion Of Adoption Evaluation And Report
  (a) Unless otherwise agreed to by the court, the pre-placement part of an adoption evaluation must comply with the minimum requirements for the pre-placement part...
• Texas Section 107.160 - Requirements For Post-placement Portion Of Adoption Evaluation And Report
  (a) Unless otherwise agreed to by the court, the post-placement part of an adoption evaluation must comply with the minimum requirements for the post-placement part...
• Texas Section 107.161 - Introduction And Provision Of Adoption Evaluation Report And Testimony Relating To Adoption Evaluation
  (a) Disclosure to the jury of the contents of an adoption evaluation report prepared under Section 107.159 or 107.160 is subject to the rules of...
• Texas Section 107.162 - Adoption Evaluation Fee
  If the court orders an adoption evaluation to be conducted, the court shall award the adoption evaluator a reasonable fee for the preparation of the...

SUBCHAPTER F EVALUATIONS IN CONTESTED ADOPTIONS

• Texas Section 107.163 - Adoption Evaluator Access To Investigative Records Of Department; Offense
  (a) An adoption evaluator is entitled to obtain from the department a complete, unredacted copy of any investigative record regarding abuse or neglect that relates...
• Texas Section 107.201 - Applicability
  This subchapter does not apply to services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162,...
• Texas Section 107.202 - Assignment Of Evaluations In Contested Adoptions
  (a) In a suit in which the adoption of a child is being contested, the court shall determine the nature of the questions posed before...
• Texas Section 107.101 - Definitions
  In this subchapter: (1) "Governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section...
• Texas Section 107.102 - Managed Assigned Counsel Program
  (a) A managed assigned counsel program may be operated with public money for the purpose of appointing counsel to provide legal representation and services for...
• Texas Section 107.103 - Creation Of Managed Assigned Counsel Program
  (a) The commissioners court of a county, on written approval of a judge of a statutory county court or a district court having family law...
• Texas Section 107.104 - Plan For Program Required
  The commissioners court or commissioners courts shall require a written plan of operation from an entity operating a program under this subchapter. The plan of...
• Texas Section 107.105 - Program Director; Personnel
  (a) Unless a program uses a review committee appointed under Section 107.106, a program under this subchapter must be directed by a person who: (1)...
• Texas Section 107.106 - Review Committee
  (a) The governmental entity, nonprofit corporation, or local bar association operating a program may appoint a review committee of three or more individuals to approve...
• Texas Section 107.107 - Appointment From Program's Public Appointment List
  (a) The judge of a county served by a program shall make any appointment required under Section 107.012 or 107.013 in a suit filed in...
• Texas Section 107.108 - Funding Of Program
  (a) A program is entitled to receive money for personnel costs and expenses incurred in amounts set by the commissioners court and paid out of...

Last modified: September 28, 2016