Tex. Fam. Code § 107.0131 · Part 1. APPOINTMENTS IN SUITS BY GOVERNMENTAL ENTITY
POWERS AND DUTIES OF ATTORNEY AD LITEM FOR PARENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview:
(i) the parent, unless the parent's location is unknown;
(ii) each person who has significant knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) to ensure competent representation at hearings, mediations, pretrial matters, and the trial on the merits:
(i) obtain and review copies of all court files in the suit during the attorney ad litem's course of representation; and
(ii) when necessary, conduct formal discovery under the Texas Rules of Civil Procedure or the discovery control plan;
(D) take any action consistent with the parent's interests that the attorney ad litem considers necessary to expedite the proceedings;
(E) encourage settlement and the use of alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a proposed or agreed order affecting the parent;
(G) meet before each court hearing with the parent, unless the court:
(i) finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance is not feasible; or
(ii) on a showing of good cause, authorizes the attorney ad litem to comply by conferring with the parent, as appropriate, by telephone or video conference;
(H) abide by the parent's objectives for representation;
(I) become familiar with the American Bar Association's standards of practice for attorneys who represent parents in abuse and neglect cases; and
(J) complete at least three hours of continuing legal education relating to representing parents in child protection cases as described by Subsection (b) as soon as practicable after the attorney ad litem is appointed, unless the court finds that the attorney ad litem has experience equivalent to that education; and
(2) is entitled to:
(A) request clarification from the court if the role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview of the parent 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 conducted by the Department of Family and Protective Services in which the parent is invited to participate, including, as appropriate, a case staffing to develop a family plan of service, a family group conference, a permanency conference, a mediation, a case staffing to plan for the discharge and return of the child to the parent, a case staffing related to a placement in a residential treatment center or qualified residential treatment program, and any other case staffing that the department determines would be appropriate for the parent to attend, but excluding any internal department staffing or staffing between the department and the department's legal representative; and
(G) attend all legal proceedings in the suit.
(b) The continuing legal education required by Subsection (a)(1)(J) 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, representing a parent in a proceeding under Subtitle E.
(c) An attorney who is on the list maintained by the court as being qualified for appointment as an attorney ad litem for a parent in a child protection case must complete at least three hours of continuing legal education relating to the representation of a parent in a proceeding under Subtitle E each year before the anniversary date of the attorney's listing.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 3, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 3, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm
- Text hash
- sha256 69c41c895f9ecd0ef2fd9e466d110452cb9562897893a4e172c6049bb0c0c784
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Tex. Fam. Code § 107.0131. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 107.0133DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT OR ALLEGED FATHER.Printed as Section 107.0131 or 107.0132
- Tex. Fam. Code § 107.0141TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM FOR CERTAIN PARENTS.Printed as Section 107.0131
- Tex. Fam. Code § 107.259OFFICE PERSONNEL.Printed as Sections 107.004 and 107.0131
- Tex. Fam. Code § 107.307APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT LIST.Printed as Sections 107.004 and 107.0131
- Tex. Fam. Code § 262.405AD LITEM APPOINTMENTS.Printed as Section 107.0131
- Tex. Fam. Code § 264.203REQUIRED PARTICIPATION.Printed as Section 107.0131
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.