Tex. Fam. Code 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 for a child is requested, the court shall appoint an attorney ad litem to represent the interests of:

(1)

an indigent parent of the child who responds in opposition to the termination or appointment;

(2)

a parent served by citation by publication;

(3)

an alleged father who failed to register with the registry under Chapter 160 and whose identity or location is unknown; and

(4)

an alleged father who registered with the paternity registry under Chapter 160, but the petitioner’s attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful.

(a-1)

In a suit described by Subsection (a), if a parent is not represented by an attorney at the parent’s first appearance in court, the court shall inform the parent of:

(1)

the right to be represented by an attorney; and

(2)

if the parent is indigent and appears in opposition to the suit, the right to an attorney ad litem appointed by the court.

(b)

If both parents of the child are entitled to the appointment of an attorney ad litem under this section and the court finds that the interests of the parents are not in conflict and that there is no history or pattern of past or present family violence by one parent directed against the other parent, a spouse, or a child of the parties, the court may appoint an attorney ad litem to represent the interests of both parents.

(c)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 810, Sec. 11, eff. September 1, 2013.

(d)

The court shall require a parent who claims indigence under Subsection (a) to file an affidavit of indigence in accordance with Rule 145(b) of the Texas Rules of Civil Procedure before the court may conduct a hearing to determine the parent’s indigence under this section. The court may consider additional evidence at that hearing, including evidence relating to the parent’s income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent’s dependents. If the court determines the parent is indigent, the court shall appoint an attorney ad litem to represent the parent.

(e)

A parent who the court has determined is indigent for purposes of this section is presumed to remain indigent for the duration of the suit and any subsequent appeal unless the court, after reconsideration on the motion of the parent, the attorney ad litem for the parent, or the attorney representing the governmental entity, determines that the parent is no longer indigent due to a material and substantial change in the parent’s financial circumstances.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.11, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.06, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 526 (S.B. 813), Sec. 1, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 11, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 128 (S.B. 1931), Sec. 1, eff. September 1, 2015.

Source: Section 107.013 — Mandatory Appointment of Attorney Ad Litem for Parent, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­107.­htm#107.­013 (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

§ 107.013’s source at texas​.gov