FAMILY CODE
CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
SUBCHAPTER A. COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE
PARENT-CHILD RELATIONSHIP
§ 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, whose role is to provide legal services necessary to assist
the court in protecting a child's best interests rather than to
provide legal services to the child.
(2) "Attorney ad litem" means an attorney who provides
legal services to a person, including a child, and who owes to the
person the duties of undivided loyalty, confidentiality, and
competent representation.
(3) "Developmentally appropriate" means structured to
account for a child's age, level of education, cultural background,
and degree of language acquisition.
(4) "Dual role" means the role of an attorney who is
appointed under Section 107.0125 to act as both guardian ad litem
and attorney ad litem for a child in a suit filed by a governmental
entity.
(5) "Guardian ad litem" means a person appointed to
represent the best interests of a child. The term includes:
(A) a volunteer advocate appointed under
Subchapter C;
(B) a professional, other than an attorney, who
holds a relevant professional license and whose training relates to
the determination of a child's best interests;
(C) an adult having the competence, training, and
expertise determined by the court to be sufficient to represent the
best interests of the child; or
(D) an attorney ad litem appointed to serve in
the dual role.
Amended by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1294, § 1, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 to the extent that the
guardian ad litem considers necessary to determine the best
interests of the child; and
(2) obtain and review copies of the child's relevant
medical, psychological, and school records as provided by Section
107.006.
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including any foster parent of
the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's expressed objectives of representation;
(3) consider the child's expressed objectives of
representation without being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(c) A guardian ad litem appointed for the child under this
chapter is not a party to the suit but is entitled to:
(1) receive a copy of each pleading or other paper
filed with the court in the case in which the guardian ad litem is
appointed;
(2) receive notice of each hearing in the case;
(3) participate in case staffings by an authorized
agency concerning the child;
(4) attend all legal proceedings in the case but may
not call or question a witness or otherwise provide legal services
unless the guardian ad litem is a licensed attorney who has been
appointed in the dual role;
(5) review and sign, or decline to sign, an agreed
order affecting the child; and
(6) explain the basis for the guardian ad litem's
opposition to the agreed order if the guardian ad litem does not
agree to the terms of a proposed order.
(d) The court may compel the guardian ad litem to attend a
trial or hearing and to testify as necessary for the proper
disposition of the suit.
(e) Unless the guardian ad litem is an attorney who has been
appointed in the dual role and subject to the Texas Rules of
Evidence, the court shall ensure in a hearing or in a trial on the
merits that a guardian ad litem has an opportunity to testify or
submit a report regarding the guardian ad litem's recommendations
regarding:
(1) the best interests of the child; and
(2) the bases for the guardian ad litem's
recommendations.
(f) In a nonjury trial, a party may call the guardian ad
litem as a witness for the purpose of cross-examination regarding
the guardian's report without the guardian ad litem being listed as
a witness by a party. If the guardian ad litem is not called as a
witness, the court shall permit the guardian ad litem to testify in
the narrative.
(g) In a contested case, the guardian ad litem shall provide
copies of the guardian ad litem's report, if any, to the attorneys
for the parties as directed by the court, but not later than the
earlier of:
(1) the date required by the scheduling order; or
(2) the 10th day before the date of the commencement of
the trial.
(h) Disclosure to the jury of the contents of a guardian ad
litem's report to the court is subject to the Texas Rules of
Evidence.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. Sept. 1, 1995.
Amended by Acts 1995, 74th Leg., ch. 943, § 10, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1294, § 2, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
CHILD AND AMICUS ATTORNEY. An attorney ad litem appointed to
represent a child or an amicus attorney appointed to assist the
court:
(1) shall:
(A) subject to Rule 4.04, Texas Disciplinary
Rules of Professional Conduct, and within a reasonable time after
the appointment, interview:
(i) the child in a developmentally
appropriate manner, if the child is four years of age or older;
(ii) each person who has significant
knowledge of the child's history and condition, including any
foster parent of the child; and
(iii) the parties to the suit;
(B) investigate the facts of the case to the
extent the attorney considers appropriate;
(C) obtain and review copies of relevant records
relating to the child as provided by Section 107.006;
(D) participate in the conduct of the litigation
to the same extent as an attorney for a party;
(E) take any action consistent with the child's
interests that the attorney considers necessary to expedite the
proceedings; and
(F) encourage settlement and the use of
alternative forms of dispute resolution;
(2) must be trained in child advocacy or have
experience determined by the court to be equivalent to that
training; and
(3) is entitled to:
(A) receive a copy of each pleading or other
paper filed with the court;
(B) receive notice of each hearing in the suit;
(C) participate in any case staffing concerning
the child conducted by an authorized agency; and
(D) attend all legal proceedings in the suit.
Added by Acts 1997, 75th Leg., ch. 1294, § 3, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1,
2003.
§ 107.004. ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR
CHILD. 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.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 facts and circumstances of the
case. Notwithstanding Subsection (b), in determining the best
interests of the child, an amicus attorney is not bound by the
child's expressed objectives of representation.
(b) An amicus attorney shall:
(1) seek to elicit in a developmentally appropriate
manner the child's expressed objectives of representation;
(2) with the consent of the child, ensure that the
child's expressed objectives of representation are made known to
the court;
(3) consider the impact on the child in formulating
the amicus attorney's presentation of the child's expressed
objectives of representation to the court;
(4) review and sign, or decline to sign, an agreed
order affecting the child;
(5) explain the basis for the amicus attorney's
opposition to the agreed order if the amicus attorney does not agree
to the terms of a proposed order;
(6) explain the role of the amicus attorney to the
child; and
(7) inform the child that the amicus attorney may use
information that the child provides in providing assistance to the
court.
(c) An amicus attorney may not disclose confidential
communications between the amicus attorney and the child unless the
amicus attorney determines that disclosure is necessary to assist
the court regarding the best interests of the child.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.006. ACCESS TO CHILD AND INFORMATION RELATING TO
CHILD. (a) Except as provided by Subsection (c), in conjunction
with an appointment under this chapter, other than an appointment
of an attorney ad litem for an adult or a parent, the court shall
issue an order authorizing the attorney ad litem, guardian ad litem
for the child, or amicus attorney to have immediate access to:
(1) the child; and
(2) any otherwise privileged or confidential
information relating to the child.
(b) Without requiring a further order or release, the
custodian of any relevant records relating to the child, including
records regarding social services, drug and alcohol treatment, or
medical or mental health evaluation or treatment of the child, law
enforcement records, school records, records of a probate or court
proceeding, and records of a trust or account for which the child is
a beneficiary, shall provide access to a person authorized to
access the records under Subsection (a).
(c) A mental health record of a child at least 12 years of
age that is privileged or confidential under other law may be
released to a person appointed under Subsection (a) only in
accordance with the other law.
Added by Acts 1995, 74th Leg., ch. 943, § 11, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1294, § 4, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 product
developed during the appointment as an attorney;
(2) be required to disclose the source of any
information;
(3) submit a report into evidence; or
(4) testify in court except as authorized by Rule
3.08, Texas Disciplinary Rules of Professional Conduct.
(b) Subsection (a) does not apply to the duty of an attorney
to report child abuse or neglect under Section 261.101.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 formulate the child's objectives of
representation in a case because the child:
(1) lacks sufficient maturity to understand and form
an attorney-client relationship with the attorney;
(2) despite appropriate legal counseling, continues
to express objectives of representation that would be seriously
injurious to the child; or
(3) for any other reason is incapable of making
reasonable judgments and engaging in meaningful communication.
(b) Except as provided by Subsection (c), an attorney ad
litem or an attorney appointed in the dual role who determines that
the child cannot meaningfully formulate the child's expressed
objectives of representation under Subsection (a) may present to
the court a position that the attorney determines will serve the
best interests of the child.
(c) An attorney ad litem or attorney appointed in the dual
role who determines that the child cannot meaningfully formulate
the child's expressed objectives of representation under
Subsection (a) shall, if a guardian ad litem has been appointed for
the child:
(1) consult with the guardian ad litem; and
(2) present the child's objectives of representation
to the court based on the guardian ad litem's opinion regarding the
best interests of the child.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 a
recommendation made or an opinion given in the capacity of guardian
ad litem, attorney ad litem, or amicus attorney.
(b) Subsection (a) does not apply to an action taken or a
recommendation or opinion given:
(1) with conscious indifference or reckless disregard
to the safety of another;
(2) in bad faith or with malice; or
(3) that is grossly negligent or wilfully wrongful.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 the court finds that the person is
incapacitated. The attorney ad litem shall follow the person's
expressed objectives of representation and, if appropriate, refer
the proceeding to the proper court for guardianship proceedings.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. APPOINTMENTS IN CERTAIN SUITS
§ 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.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1,
2003.
§ 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 appoint an attorney ad litem
to represent the interests of the child immediately after the
filing, but before the full adversary hearing, to ensure adequate
representation of the child.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1,
2003.
§ 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 litem under Section 107.012, the
court may appoint an attorney to serve in the dual role.
(b) If the court appoints an attorney to serve in the dual
role under this section, the court may at any time during the
pendency of the suit appoint another person to serve as guardian ad
litem for the child and restrict the attorney to acting as an
attorney ad litem for the child.
(c) An attorney appointed to serve in the dual role may
request the court to appoint another person to serve as guardian ad
litem for the child. If the court grants the attorney's request,
the attorney shall serve only as the attorney ad litem for the
child.
(d) Unless the court appoints another person as guardian ad
litem in a suit filed by a governmental entity, an appointment of an
attorney to serve as an attorney ad litem in a suit filed by a
governmental entity is an appointment to serve in the dual role
regardless of the terminology used in the appointing order.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM
FOR PARENT. (a) In a suit filed by a governmental entity in which
termination of the parent-child relationship 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;
(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.
(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, the
court may appoint an attorney ad litem to represent the interests of
both parents.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 3, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 821, § 2.11, eff. June 14, 2001;
Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 attorney ad litem for a parent is
entitled to reasonable fees and expenses in the amount set by the
court to be paid by the parents of the child unless the parents are
indigent.
(b) If the court determines that one or more of the parties
are able to defray the fees and expenses of an attorney ad litem or
guardian ad litem for the child as determined by the reasonable and
customary fees for similar services in the county of jurisdiction,
the fees and expenses may be ordered paid by one or more of those
parties, or the court may order one or more of those parties, prior
to final hearing, to pay the sums into the registry of the court or
into an account authorized by the court for the use and benefit of
the payee on order of the court. The sums may be taxed as costs to
be assessed against one or more of the parties.
(c) If indigency of the parents is shown, an attorney ad
litem appointed to represent a child or parent in a suit filed by a
governmental entity in which termination of the parent-child
relationship is requested shall be paid from the general funds of
the county according to the fee schedule that applies to an attorney
appointed to represent a child in a suit under Title 3 as provided
by Chapter 51. The court may not award attorney ad litem fees under
this chapter against the state, a state agency, or a political
subdivision of the state except as provided by this subsection.
(d) A person appointed as a guardian ad litem or attorney ad
litem shall complete and submit to the court a voucher or claim for
payment that lists the fees charged and hours worked by the guardian
ad litem or attorney ad litem. Information submitted under this
section is subject to disclosure under Chapter 552, Government
Code.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Redesignated from V.T.C.A., Family Code § 107.003 by Acts 1995,
74th Leg., ch. 751, § 15, eff. Sept. 1, 1995. Amended by Acts
1999, 76th Leg., ch. 1390, § 6, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.016. CONTINUED REPRESENTATION. 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 is requested, an order appointing the Department of
Protective and Regulatory Services as the child's managing
conservator may provide for the continuation of the appointment of
the guardian ad litem or attorney ad litem for the child for any
period set by the court.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 575, § 6, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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 by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 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, the court may appoint:
(1) an amicus attorney;
(2) an attorney ad litem; or
(3) a guardian ad litem.
(b) In determining whether to make an appointment under this
section, the court:
(1) shall:
(A) give due consideration to the ability of the
parties to pay reasonable fees to the appointee; and
(B) balance the child's interests against the
cost to the parties that would result from an appointment by taking
into consideration the cost of available alternatives for resolving
issues without making an appointment;
(2) may make an appointment only if the court finds
that the appointment is necessary to ensure the determination of
the best interests of the child; and
(3) may not require a person appointed under this
section to serve without reasonable compensation for the services
rendered by the person.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit
other than a suit filed by a governmental entity, the court may not
appoint:
(1) an attorney to serve in the dual role; or
(2) a volunteer advocate to serve as guardian ad litem
for a child unless the training of the volunteer advocate is
designed for participation in suits other than suits filed by a
governmental entity.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
§ 107.023. FEES IN SUITS OTHER THAN SUITS BY
GOVERNMENTAL ENTITY. (a) In a suit other than a suit filed by a
governmental entity, in addition to the attorney's fees that may be
awarded under Chapter 106, the following persons are entitled to
reasonable fees and expenses in an amount set by the court and
ordered to be paid by one or more parties to the suit:
(1) an attorney appointed as an amicus attorney or as
an attorney ad litem for the child; and
(2) a professional who holds a relevant professional
license and who is appointed as guardian ad litem for the child,
other than a volunteer advocate.
(b) The court shall:
(1) determine the fees and expenses of an amicus
attorney, an attorney ad litem, or a guardian ad litem by reference
to the reasonable and customary fees for similar services in the
county of jurisdiction;
(2) order a reasonable cost deposit to be made at the
time the court makes the appointment; and
(3) before the final hearing, order an additional
amount to be paid to the credit of a trust account for the use and
benefit of the amicus attorney, attorney ad litem, or guardian ad
litem.
(c) A court may not award costs, fees, or expenses to an
amicus attorney, attorney ad litem, or guardian ad litem against
the state, a state agency, or a political subdivision of the state
under this part.
Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
SUBCHAPTER C. APPOINTMENT OF VOLUNTEER ADVOCATES
§ 107.031. VOLUNTEER ADVOCATES. (a) In a suit filed by
a governmental entity, the court may appoint a charitable
organization composed of volunteer advocates whose charter
mandates the provision of services to allegedly abused and
neglected children or an individual who has received the court's
approved training regarding abused and neglected children and who
has been certified by the court to appear at court hearings as a
guardian ad litem for the child or as a volunteer advocate for the
child.
(b) In a suit other than a suit filed by a governmental
entity, the court may appoint a charitable organization composed of
volunteer advocates whose training provides for the provision of
services in private custody disputes or a person who has received
the court's approved training regarding the subject matter of the
suit and who has been certified by the court to appear at court
hearings as a guardian ad litem for the child or as a volunteer
advocate for the child. A person appointed under this subsection is
not entitled to fees under Section 107.023.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1294, § 6, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 430, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.
SUBCHAPTER D. SOCIAL STUDY
§ 107.051. ORDER FOR SOCIAL STUDY. (a) The court may
order the preparation of a social study into the circumstances and
condition of the child and of the home of any person requesting
managing conservatorship or possession of the child.
(b) The social study may be made by a private entity, a
person appointed by the court, or a state agency, including the
Department of Protective and Regulatory Services if the department
is a party to the suit.
(c) In a suit in which adoption is requested or possession
of or access to the child is an issue and in which the Department of
Protective and Regulatory Services is not a party, the court shall
appoint a private agency or another person, including a domestic
relations office, to conduct the social study.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1390, § 7, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 133, § 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 488, § 1, eff. June 11, 2001.
§ 107.0511. PRE-ADOPTIVE HOME SCREENING. (a) In this
section, "department" means the Department of Protective and
Regulatory Services.
(b) A pre-adoptive home screening shall be conducted as
provided by this section to evaluate each party in a proceeding
described by Subsection (c) who requests termination of the
parent-child relationship or an adoption.
(c) Except for a suit brought by a licensed child-placing
agency or the department, the home screening under this section
shall be filed in any suit for:
(1) termination of the parent-child relationship in
which a person other than a parent may be appointed managing
conservator of a child; or
(2) an adoption.
(d) Other than in a suit in which a licensed child-placing
agency or the department is appointed managing conservator of the
child, the home screening under this section must be filed with the
court before the court may sign the final order for termination of
the parent-child relationship.
(e) The costs of a home screening in a suit for adoption
under this section shall be paid by the prospective adoptive
parent.
(f) Unless otherwise agreed to by the court, the home
screening under this section must comply with the minimum
requirements for the screening under rules adopted by the Board of
Protective and Regulatory Services.
(g) In a stepparent adoption, the pre-adoptive home
screening under this section and the post-placement adoptive report
under Section 107.052 may be combined.
Added by Acts 2001, 77th Leg., ch. 133, § 3, eff. Sept. 1, 2001.
§ 107.052. POST-PLACEMENT ADOPTIVE REPORT. (a) In a
proceeding in which a pre-adoptive home screening is required by
Section 107.0511 for an adoption, a post-placement adoptive report
must be conducted and filed with the court before the court may
render a final order in the adoption.
(b) Unless otherwise agreed to by the court, the
post-placement adoptive report must comply with the minimum
requirements for the report under rules adopted by the Board of
Protective and Regulatory Services.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 133, § 4, eff. Sept. 1,
2001.
§ 107.053. PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE
COPY. In all adoptions a copy of the report shall be made available
to the prospective adoptive parents prior to a final order of
adoption.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
§ 107.054. REPORT FILED WITH COURT. The agency or
person making the social study shall file with the court on a date
set by the court a report containing its findings and conclusions.
The report shall be made a part of the record of the suit.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
§ 107.055. INTRODUCTION OF REPORT AT
TRIAL. (a) Disclosure to the jury of the contents of a report to
the court of a social study is subject to the rules of evidence.
(b) In a contested case, the agency or person making the
social study shall furnish copies of the report to the attorneys for
the parties before the earlier of:
(1) the seventh day after the date the social study is
completed; or
(2) the fifth day before the date of commencement of
the trial.
(c) The court may compel the attendance of witnesses
necessary for the proper disposition of the suit, including a
representative of the agency making the social study, who may be
compelled to testify.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
§ 107.056. PREPARATION FEE. If the court orders a
social study to be conducted and a report to be prepared, the court
shall award the agency or other person a reasonable fee for the
preparation of the study that shall be taxed as costs and paid
directly to the agency or other person. The person or agency may
enforce the order for the fee.
Added by Acts 1995, 74th Leg., ch. 751, § 15, eff. Sept. 1, 1995.
