Texas
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Qualified
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
Indigent parents are entitled to counsel in cases where the state seeks to install a temporary managing conservator, or files suit for services.
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Key Development
June 2, 2015
Texas enacts law expanding right to counsel for parents
A Texas law enacted in 2015 provides for appointment of counsel for unknown/unlocatable parents and provides earlier notice to other parents.
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Litigation
Key Development
April 1, 2016
TX Sup. Ct: parental right to counsel in abuse/neglect cases extends to high court appeal
The Supreme Court of Texas held that a parent's right to counsel in child welfare cases extends to an appeal to the high court.
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Key Development
December 20, 2019
Texas Supreme Court: parent not advised of right to counsel
The Supreme Court of Texas reversed a termination of parental rights because a parent was not advised of her right to appointed counsel.
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Key Development
August 15, 2021
Texas app ct: dismissal of appointed atty due to alleged non-indigence was improper
A Texas Court of Appeals found error in a trial court's decision to dismiss a parent's appointed counsel on the grounds of non-indgience.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
In abuse cases, children have a right to an attorney ad litem who may serve in a dual role.
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Key Development
May 21, 2017
Legislation (dead): child in conservatorship proceedings
This dead bill would have required an attorney ad litem for a child in conservatorships to continue until the conservatorship ends.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to attorney ad litem
An adult respondent has the right to an attorney ad litem if the department pursues an emergency order authorizing protective services.
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Discretionary
All Basic Human Needs
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel in any civil case.
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Key Development
Right to counsel: service by publication
A court must appoint counsel for a defendant who is served by publication and does not answer.
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Litigation
Key Development
Discretionary appointment of counsel
The Texas Supreme Court has said trial courts have inherent power to appoint in any civil case if exceptional circumstances exist.
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No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
June 24, 2022
Right to counsel but no such proceeding
Though a minor seeking to bypass the parental consent requirements for an abortion has the right to counsel, abortion is effectively banned.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of court-ordered commitment matters related to mental health and "chemical dependency."
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Litigation
Key Development
Right to counsel
Several appellate courts have found a federal constitutional right to counsel in civil commitment proceedings.
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Categorical
Civil Contempt in Family Court
Legislation
Key Development
Right to counsel
There is a right to counsel for an indigent respondent in a child support civil contempt proceeding.
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Litigation
Key Development
Right to counsel
Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.
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Qualified
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in any proceeding where the interests of the child are at issue.
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Qualified
Custody Disputes - Parents
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a parent claiming violation of a child visitation order.
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Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a parent in any proceeding where the interests of the child are at issue.
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Qualified
Domestic Violence - Accused Person
Litigation
Key Development
Discretionary appointment of counsel
One appellate court determined that constitutional appointment of counsel for respondents in protective order cases is on a case-by-case basis.
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Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
Right to counsel
One appellate court concluded that petitioners in DV cases have a right to counsel.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
June 18, 2023
Right to attorney ad litem
The court must appoint an attorney ad litem for the subject of a guardianship proceeding.
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Qualified
Housing - Evictions
Legislation
Key Development
Discretionary appointment of counsel
Texas county courts can appoint willing counsel in eviction cases appealed from a Justice of the Peace court.
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Pilot
Key Development
October 30, 2023
All about Houston's right to counsel pilot programs
A project provides all tenants counsel in certain Houston housing courts.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.
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Legislation
Key Development
Right to counsel
There is an arguable statutory right to counsel for an indigent respondent in a civil contempt proceeding.
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Doesn't Affect
Involuntary Medical Treatment (incomplete)
Qualified
Other subject area
Legislation
Key Development
Discretionary appointment of counsel - probate cases
A court may appoint counsel for a variety of people in probate proceedings.
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Court Rule or Initiative
Key Development
Discretionary appointment of counsel - petitioner in civil contempt
The court may appoint counsel for the petitioner claiming violation of an order “for child support or possession of or access to a child.”
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Key Development
Right to counsel - Service by publication
If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.
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Qualified
Parentage - Petitioner or Child
Legislation
Key Development
Discretionary appointment for child
The court may appoint either best interest or client-directed counsel for a child in a parentage matter.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for a person or group in a court proceeding for management, but not in area quarantine.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for an indigent respondent in a sexually violent persons commitment proceeding.
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No Such Proceeding
Sterilization
Litigation
No express authoirty for sterilization
A Texas appellate court held there is no authority to authorize sterilization.
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Discretionary
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for the parent in a privately-initiated termination of parental rights proceeding.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
March 23, 2018
Texas court: when parents square off in private termination case, kids must have counsel
A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in state-initiated termination of parental rights cases.
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Key Development
September 10, 2018
Texas court: failure to appoint counsel for parent was reversible error
An appellate court held the failure to advise a parent of the right to counsel in a TPR case, and delayed appointment, required reversal.
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Litigation
Key Development
April 1, 2016
TX Sup Ct: parental right to counsel in termination cases extends to high court appeal
The Supreme Court of Texas held that a parent's right to counsel in termination of parental rights cases extends to an appeal to the high court.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to an attorney ad litem in state-initiated termination of parental rights proceedings.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
June 18, 2015
Texas decriminalizes truancy, adds appointment of counsel provision
In 2015, Texas decriminalized truancy, prevented initial incarceration, and permitted the court to appoint counsel for the child.
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Discretionary
All Basic Human Needs
Debtor’s Prison / Financial
Domestic Violence
Education
Family Law
Health
Housing
Qualified