Right to counsel

Key_development Question_mark

Legislation, Abuse/Neglect/Dependency - Children

Tex. Fam. Code Ann. § 107.012 states, "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."

 

In addition, Tex. Fam. Code Ann. § 264.203, as amended in 2021, states that where the department files suit requesting a temporary order for a member of the child’s household including their parent, managing conservator, or guardian to participate in services and to permit the child, and any siblings to receive services, “the court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearing to ensure adequate representation of the child. The attorney ad litem for the child shall have the powers and duties of an attorney ad litem for a child under Chapter 107.”  § 264.203(g). Tex. Fam. Code Ann. § 107.001(2) defines “attorney ad litem” for the chapter, as “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.”

Appointment of Counsel: categorical Qualified: yes