Tex. Fam. Code 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 of a conservator for a child, the court shall appoint a guardian ad litem to represent the best interests of the child immediately after the filing of the petition but before the full adversary hearing.

(b)

The guardian ad litem appointed for a child under this section may be:

(1)

a charitable organization composed of volunteer advocates or an individual volunteer advocate appointed under Subchapter C;

(2)

an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or

(3)

an attorney appointed in the dual role.

(c)

The court may not appoint a guardian ad litem in a suit filed by a governmental entity if an attorney is appointed in the dual role unless the court appoints another person to serve as guardian ad litem for the child and restricts the role of the attorney to acting as an attorney ad litem for the child.

(d)

The court may appoint an attorney to serve as guardian ad litem for a child without appointing the attorney to serve in the dual role only if the attorney is specifically appointed to serve only in the role of guardian ad litem. An attorney appointed solely as a guardian ad litem:

(1)

may take only those actions that may be taken by a nonattorney guardian ad litem; and

(2)

may not:

(A)

perform legal services in the case; or

(B)

take any action that is restricted to a licensed attorney, including engaging in discovery other than as a witness, making opening and closing statements, or examining witnesses.

(e)

The court may appoint the person appointed as guardian ad litem for the child under Section 51.11 to also serve as the guardian ad litem for the child under this section if the person is qualified under this chapter to serve as guardian ad litem.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 7, eff. September 1, 2021.

Source: Section 107.011 — Mandatory Appointment of Guardian Ad Litem, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­107.­htm#107.­011 (accessed Mar. 23, 2024).

107.001
Definitions
107.002
Powers and Duties of Guardian Ad Litem for Child
107.003
Powers and Duties of Attorney Ad Litem for Child and Amicus Attorney
107.004
Additional Duties of Attorney Ad Litem for Child
107.005
Additional Duties of Amicus Attorney
107.006
Access to Child and Information Relating to Child
107.007
Attorney Work Product and Testimony
107.008
Substituted Judgment of Attorney for Child
107.009
Immunity
107.010
Discretionary Appointment of Attorney Ad Litem for Incapacitated Person
107.011
Mandatory Appointment of Guardian Ad Litem
107.012
Mandatory Appointment of Attorney Ad Litem for Child
107.013
Mandatory Appointment of Attorney Ad Litem for Parent
107.014
Powers and Duties of Attorney Ad Litem for Certain Parents
107.015
Attorney Fees
107.016
Continued Representation
107.017
Appointment of Amicus Attorney Prohibited
107.021
Discretionary Appointments
107.022
Certain Prohibited Appointments
107.023
Fees in Suits Other than Suits by Governmental Entity
107.031
Volunteer Advocates
107.0042
Report on Percentage of Professional Practice Time as Attorney Ad Litem
107.0045
Discipline of Attorney Ad Litem
107.101
Definitions
107.102
Applicability
107.103
Order for Child Custody Evaluation
107.104
Child Custody Evaluator: Minimum Qualifications
107.105
Child Custody Evaluation: Specialized Training Required
107.106
Exception to Qualifications Required to Conduct Child Custody Evaluation
107.107
Child Custody Evaluator: Conflicts of Interest and Bias
107.108
General Provisions Applicable to Conduct of Child Custody Evaluation and Preparation of Report
107.109
Elements of Child Custody Evaluation
107.110
Psychometric Testing
107.111
Child Custody Evaluator Access to Investigative Records of Department
107.112
Communications and Recordkeeping of Child Custody Evaluator
107.113
Child Custody Evaluation Report Required
107.114
Introduction and Provision of Child Custody Evaluation Report
107.115
Child Custody Evaluation Fee
107.0125
Appointment of Attorney in Dual Role
107.0131
Powers and Duties of Attorney Ad Litem for Parent
107.0132
Powers and Duties of Attorney Ad Litem for Alleged Father
107.0133
Discipline of Attorney Ad Litem for Parent or Alleged Father
107.0141
Temporary Appointment of Attorney Ad Litem for Certain Parents
107.151
Definitions
107.152
Applicability
107.153
Order for Adoption Evaluation
107.154
Adoption Evaluator: Minimum Qualifications
107.155
Exception to Qualifications Required to Conduct Adoption Evaluation
107.156
Adoption Evaluator: Conflicts of Interest and Bias
107.157
Reporting Certain Placements for Adoption
107.158
General Provisions Applicable to Conduct of Adoption Evaluator and Preparation of Reports
107.159
Requirements for Pre-placement Portion of Adoption Evaluation and Report
107.160
Requirements for Post-placement Portion of Adoption Evaluation and Report
107.0161
Ad Litem Appointments for Child Committed to Texas Juvenile Justice Department
107.161
Introduction and Provision of Adoption Evaluation Report and Testimony Relating to Adoption Evaluation
107.162
Adoption Evaluation Fee
107.163
Adoption Evaluator Access to Investigative Records of Department
107.201
Applicability
107.202
Assignment of Evaluations in Contested Adoptions
107.251
Definition
107.252
Applicability
107.253
Nonprofit Funding
107.254
Office of Child Representation
107.255
Office of Parent Representation
107.256
Creation of Office of Child Representation or Office of Parent Representation
107.257
Nonprofit as Office
107.258
Plan of Operation for Office
107.259
Office Personnel
107.260
Appointments in County in Which Office Created
107.261
Funding of Office
107.262
Oversight Board
107.301
Definitions
107.302
Managed Assigned Counsel Program
107.303
Creation of Managed Assigned Counsel Program
107.304
Plan for Program Required
107.305
Program Director
107.306
Review Committee
107.307
Appointment from Program’s Public Appointment List
107.308
Funding of Program
107.1025
Effect of Mental Examination
107.1101
Effect of Potentially Undiagnosed Serious Mental Illness
107.1111
Child Custody Evaluator Access to Other Records

Accessed:
Mar. 23, 2024

§ 107.011’s source at texas​.gov