Form 13-8

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

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

Order Appointing Amicus Attorney

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 an amicus attorney should be appointed in this case.

The Court finds that [name] meets the minimum qualifications of section 107.0245 of the Texas Family Code.

The Court finds that [name] has not disclosed information required by section 107.0255 of the Texas Family Code that would affect [his/her/their] ability to act impartially as an amicus attorney in this case.

The Court finds that [name] has disclosed information required by section 107.0255 of the Texas Family Code, and the Court further finds, after notice and hearing, that [name] has no conflict of interest with a party to the suit, the Court, or a child who is the subject of the suit; [name]’s previous knowledge of a party to the suit, the Court, or a child who is the subject of the suit is not relevant; [name] does not have a pecuniary relationship with an attorney in the suit or the Court; and [name] does not have a fiduciary relationship with an attorney in the suit or the Court.

The Court finds that [name] has disclosed information required by section 107.0255 of the Texas Family Code, and the Court further finds the parties agree in writing to [name]’s appointment as an amicus attorney.

The Court hereby appoints [name] as Amicus Attorney to provide legal services neces­sary to assist the Court in protecting the best interests of [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 Amicus Attorney immediate access to the child[ren] and to any information relating to the child[ren] and shall fully cooperate with Amicus Attorney.

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 Amicus Attorney 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 Amicus Attorney 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 Amicus Attorney, within seven days of the request.

Pursuant to section 107.0265 of the Texas Family Code, Amicus Attorney 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 the child’s views in a developmentally appropriate manner;

3.consider the impact on the child in formulating Amicus Attorney’s presentation of the child’s expressed objectives of representation to the Court;

4.investigate the facts of the case to the extent Amicus Attorney considers appropri­ate, including conducting discovery;

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 Amicus Attorney consid­ers necessary to expedite the proceedings;

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

9.advocate the best interests of the child after reviewing the facts and circumstances of the case;

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

11.prepare for and conduct an interview with the child where the Amicus Attorney shall—

a.explain the role of Amicus Attorney to the child in a developmentally appro­priate manner;

b.inform the child in a developmentally appropriate manner that Amicus Attor­ney may use information that the child provides in providing assistance to the Court; and

c.become familiar with the American Bar Association’s standards of practice for attorneys who represent children in custody cases;

12.on the request of a party, disclose the name, address, and phone number of each person interviewed or consulted and make available documents obtained by the Amicus Attor­ney for copying.

Amicus Attorney 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 Amicus Attorney is ambiguous;

2.request a hearing or trial on the merits;

3.conduct discovery;

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

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

6.receive notice of each hearing in the case;

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

8.attend all legal proceedings in the case; and

9.make arguments during legal proceedings, including summarizing the evidence and suggesting reasonable inferences and deductions drawn from that evidence.

Amicus Attorney shall not submit a report into evidence or testify in court, except as authorized under rule 3.08, Texas Disciplinary Rules of Professional Conduct, or as necessary for the Court to make a determination relating to the qualifications, conflicts of interest, bias, or removal of Amicus Attorney.

Amicus Attorney shall immediately disclose to the Court, each attorney for a party to the suit, and any party to the suit who does not have an attorney any discovery of the following unless previously disclosed:

1.a conflict of interest that the person believes the person has with a party to the suit, the Court, or a child who is the subject of the suit;

2.previous knowledge the person has of a party to the suit, the Court, or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation;

3.a relationship that the person has with an attorney in the suit who was hired or appointed after the person’s appointment as an amicus attorney that would have been subject to the disclosure requirement above; and

4.any conflict of interest that the person believes the person has with another person who participates in the suit in a professional capacity.

The Court hereby finds that Amicus Attorney 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 Amicus Attorney 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