Form 13-7

This form is not intended for use in orders appointing a guardian 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 Guardian Ad Litem

The Court finds that under section 107.021 of the Texas Family Code, the best interest of the child[ren] is in dispute, and after giving due consideration to the ability of the parties to pay reasonable fees to the appointee, finds that a guardian ad litem should be appointed to rep­resent the best interests of the child[ren] the subject of this suit. The Court hereby appoints [name] as Guardian Ad Litem for [name[s] of child[ren]], the child[ren] the subject of this suit, to serve as an extension, agent, and arm of this Court in protecting the best interest of the child[ren] the subject of this suit.

The Court hereby ORDERS that any custodian of the child[ren] shall grant Guardian Ad Litem immediate access to the child[ren] and to any information relating to the child[ren] and shall fully cooperate with Guardian 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 Guardian 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 Guardian 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 Guardian Ad Litem, within seven days of the request.

Pursuant to section 107.002 of the Texas Family Code, Guardian 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.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;

3.consider the child’s expressed objectives without being bound by those objectives;

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

5.perform any specific task directed by the Court; and

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

Guardian Ad Litem is FURTHER ORDERED, in a contested case, to provide copies of 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 the date required by the scheduling order or the tenth day before the date of the commencement of the trial in this case.

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

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

2.receive notice of each hearing in the case;

3.participate in case staffings by the Department of Family and Protective Services concerning the child;

4.attend all legal proceedings in the case [include if the guardian ad litem is not a licensed attorney appointed in the dual role: , but Guardian Ad Litem may not call or question a witness or otherwise provide legal services];

5.review and sign, or decline to sign, an agreed order affecting the child; and

6.explain the basis for Guardian Ad Litem’s opposition to the agreed order if Guard­ian Ad Litem does not agree to the terms of a proposed order.

Guardian Ad Litem shall be required to attend only those court hearings at which Guardian Ad Litem’s presence is necessary to protect the best interests of the child. [Include additional limitations, if any.]

The Court hereby finds that Guardian Ad Litem is entitled to reasonable fees 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 Guardian 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