Form 13-6

This form is not intended for use in orders appointing an attorney ad litem in a proceeding under chap­ter 262 or 263 of the Texas Family Code.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order Appointing Attorney Ad Litem for Child[ren]

The Court finds that under section 107.021 of the Texas Family Code, the best interest of the child[ren] is at issue, and after giving due consideration to the ability of the parties to pay reasonable fees to the appointee and considering the cost of available alternatives for resolving these issues without making an appointment, the Court finds that an attorney ad litem should be appointed in this case. The Court hereby appoints [name] as Attorney Ad Litem to provide legal services to [name[s] of child[ren]], the child[ren] the subject of this suit.

The Court hereby ORDERS that any custodian of the child[ren] shall grant Attorney Ad Litem immediate access to the child[ren] and to any information relating to the child[ren] and shall fully cooperate with Attorney Ad Litem.

The Court further ORDERS that the custodian of any relevant records relating to the child[ren], including records regarding social services, 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/children are beneficiaries], shall provide immediate access to the records to Attorney Ad Litem without requiring a further order or release.

The Court further ORDERS that the custodian of a medical, mental health, or drug- or alcohol-treatment record of a child that is privileged or confidential under other law shall release the record to Attorney Ad Litem without requiring a further order or release, except that a child’s drug- or alcohol-treatment record that is confidential under 42 U.S.C. section
290dd–2 shall be released only as provided under applicable federal regulations.

Petitioner and Respondent are ORDERED to sign any and all releases of information relative to the child[ren] or the parties in this case, as requested by Attorney Ad Litem, within seven days of the request.

Attorney Ad Litem owes the child[ren] the duties of undivided loyalty, confidentiality, and competent representation. Pursuant to sections 107.003 and 107.004 of the Texas Family Code, Attorney Ad Litem is ORDERED to perform the following duties in this case [include if applicable: with regard to each child the subject of this suit]:

1.subject to rules 4.02, 4.03, and 4.04 of the Texas Disciplinary Rules of Profes­sional Conduct, and 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 impact on the child in formulating Attorney Ad Litem’s presentation of the child’s expressed objectives of representation to the Court;

4.investigate the facts of the case to the extent Attorney Ad Litem considers appro­priate;

5.obtain and review copies of relevant records relating to the child as provided by section 107.006 of the Texas Family Code;

6.participate in the conduct of the litigation to the same extent as an attorney for a party;

7.take any action consistent with the child’s interests that Attorney Ad Litem con­siders necessary to expedite the proceedings;

8.encourage settlement and the use of alternative forms of dispute resolution;

9.review and sign, or decline to sign, a proposed or agreed order affecting the child;

10.in a developmentally appropriate manner—

a.advise the child and

b.represent the child’s expressed objectives of representation and follow the child’s expressed objectives of representation during the course of litigation if Attorney Ad Litem determines that the child is competent to understand the nature of an attorney-client relationship and has formed that relationship with Attorney Ad Litem;

11.as appropriate, considering the nature of the appointment, become familiar with the American Bar Association’s standards of practice for attorneys who represent children in abuse and neglect cases, the suggested amendments to those standards adopted by the National Association of Counsel for Children, and the American Bar Association’s standards of practice for attorneys who represent children in custody cases; and

12.protect the confidentiality of all records provided to Attorney Ad Litem under this order and not disclose any such records except as provided by further order of the Court or other law.

Attorney Ad Litem has all the rights and privileges as contained in chapter 107 of the Texas Family Code, including the rights to—

1.request clarification from the Court if the role of Attorney Ad Litem is ambiguous;

2.request a hearing or trial on the merits;

3.consent or refuse to consent to an interview of the child by another attorney;

4.receive a copy of each pleading or other paper filed with the Court in the case in which Attorney Ad Litem is appointed;

5.receive notice of each hearing in the case; and

6.attend all legal proceedings in the case.

The Court hereby finds that Attorney Ad Litem is entitled to reasonable fees, costs, and expenses to be paid by the parties as follows: Petitioner is ORDERED to pay [percent] per­cent and Respondent is ORDERED to pay [percent] percent. The Court hereby ORDERS [Petitioner/Respondent] to deposit the sum of [number] dollars ($[amount]) with Attorney Ad Litem no later than 5:00 p.m. [[number] days following the signing of this order/[other date as ordered by the court]]. [Repeat for other party as applicable.] The Court reserves the right to order additional cost deposits before trial as necessary.

SIGNED on ___________________________________.

   
JUDGE PRESIDING