Texas § FA.107.0265 - POWERS AND DUTIES OF AMICUS ATTORNEY

§ FA.107.0265. POWERS AND DUTIES OF AMICUS ATTORNEY

POWERS AND DUTIES OF AMICUS ATTORNEY. (a) Subject to specific limitations given in an order of appointment under Section 107.024, an amicus attorney's primary duty is to: (1) review the facts and circumstances of the case; and (2) advocate the best interests of a child who is the subject of the suit. (b) In performing the duties under Subsection (a), an amicus attorney is not bound by the expressed objectives of a child who is the subject of the suit. (c) An amicus attorney appointed to assist the court: (1) shall: (A) subject to Rules 4.02, 4.03, and 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) seek to elicit and assess the child's view in a developmentally appropriate manner; (C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court; (D) investigate the facts of the case to the extent the attorney considers appropriate; (E) obtain and review copies of relevant records relating to the child as provided by Section 107.006; (F) participate in the conduct of the litigation to the same extent as an attorney for a party; (G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings; (H) encourage settlement and the use of alternative forms of dispute resolution; (I) review and sign, or decline to sign, a proposed or agreed order affecting the child; (J) on the request of any party, disclose the name, address, and phone number of each person interviewed or consulted; and (K) on the request of any party, make available documents obtained by the amicus attorney for copying; (2) may be required by the court to perform additional tasks, including: (A) conducting additional interviews with each child who is the subject of the suit to: (i) ensure balanced and impartial representation by the amicus attorney; and (ii) observe each child while in the care of each party to the suit; (B) interviewing other individuals, including, at the discretion of the amicus attorney, a child who: (i) is not less than four years of age; and (ii) resides part-time or full-time in a residence where a child who is the subject of the suit resides part-time or full-time; (C) visiting the residence of each party seeking conservatorship or possession of or access to a child who is the subject of the suit; or (D) reviewing any information the court determines is relevant; and (3) is entitled to: (A) request clarification from the court if the role of the amicus attorney is ambiguous; (B) request a hearing or trial on the merits; (C) consent or refuse to consent to an interview of the child by another attorney; (D) receive a copy of each pleading or other paper filed with the court; (E) receive notice of each hearing in the suit; (F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services; (G) attend all legal proceedings in the suit; and (H) make arguments during legal proceedings, including: (i) summarizing evidence; and (ii) suggesting reasonable inferences and deductions drawn from the evidence. (d) In preparing for and conducting an interview with a child, an amicus attorney shall: (1) explain the role of an amicus attorney to the child in a developmentally appropriate manner; (2) inform the child in a developmentally appropriate manner that the amicus attorney may use information the child provides in assisting the court; and (3) become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases. (e) The disclosure required by Subsections (c)(1)(J) and (K): (1) shall not be construed to require disclosure of an amicus attorney's notes or attorney work product; and (2) is subject to supplementation under Rule 193.5, Texas Rules of Civil Procedure. Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530 ), Sec. 6, eff. September 1, 2025.