Attorney Ad Litem/Guardian Ad Litem For Minor

State by State referrals(PDF)

American Bar Association

American Bar Association on Children and the Law

(PDF) - Legal Needs of Children in Harris County, Houston, TX

Many things can wait.
The child cannot.
Now is the time his bones are being formed,
His blood is being made,
His mind is being developed.
To him, we cannot say tomorrow.
His name is today
Gabriella Mistral

Texas Family Code, Table of Contents

According to Senate Bill 6, 79th Legislative Session:

SECTION 1.04. (a) Section 107.004, Family Code, is amended to read as follows:

Sec. 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:

(1) seek to elicit in a developmentally appropriate manner the child's expressed objectives of representation;

(2) advise the child;

(3) provide guidance to the child;

(4) represent the child's expressed objectives of representation and follow the child's expressed objectives of representation during the course of litigation if the attorney ad litem determines that the child is competent to understand the nature of an attorney-client relationship and has formed that relationship with the attorney ad litem;

(5) consider the impact on the child in formulating the attorney ad litem's presentation of the child's expressed objectives of representation to the court; and

(6) become familiar with:

   (A) the American Bar Association's standards of practice for attorneys who represent children in abuse and neglect cases; and

   (B) the suggested amendments to those standards adopted by the National Association of Counsel for Children.

(b) An attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall complete at least three hours of continuing legal education relating to child advocacy as described by Subsection (c) as soon as practicable after the attorney ad litem's appointment. An attorney ad litem is not required to comply with this subsection if the court finds that the attorney ad litem has experience equivalent to the required education.

(c) The continuing legal education required by Subsection (b) 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, a proceeding under Chapter 262 or 263.

(d) Except as provided by Subsection (e), an attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall meet before each court hearing with:

(1) the child, if the child is at least four years of age; or

(2) the individual with whom the child ordinarily resides, including the child's parent, conservator, guardian, caretaker, or custodian, if the child is younger than four years of age.

(e) An attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 is not required to comply with Subsection (d) before a hearing if the court finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance with that subsection is not feasible or in the best interest of the child.

(b) The changes in law made by this section apply only to an attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, on or after the effective date of this section. An attorney ad litem for a child appointed in a proceeding under Chapter 262 or 263, Family Code, before the effective date of this section is governed by the law in effect on the date the attorney ad litem was appointed, and the former law is continued in effect for that purpose.

(c) The State Bar of Texas shall adopt rules governing the reporting of an attorney ad litem's timely completion of the continuing legal education required by Subsection (b), Section 107.004, Family Code, as added by this section.

SECTION 1.05. Subchapter A, Chapter 107, Family Code, is amended by adding Section 107.0045 to read as follows:

Sec. 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 81, Government Code.