Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS
Texas Codes

Tex. Fam. Code § 107.0131 (2026)

Powers And Duties Of Attorney Ad Litem For Parent

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR PARENT. (a) An attorney ad litem appointed under Section 107.013 to represent the interests of a parent:

(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 parent, unless the parent's location is unknown;

(ii) each person who has significant knowledge of the case; and

(iii) the parties to the suit;

(B) investigate the facts of the case;

(C) to ensure competent representation at hearings, mediations, pretrial matters, and the trial on the merits:

(i) obtain and review copies of all court files in the suit during the attorney ad litem's course of representation; and

(ii) when necessary, conduct formal discovery under the Texas Rules of Civil Procedure or the discovery control plan;

(D) take any action consistent with the parent's interests that the attorney ad litem considers necessary to expedite the proceedings;

(E) encourage settlement and the use of alternative forms of dispute resolution;

(F) review and sign, or decline to sign, a proposed or agreed order affecting the parent;

(G) meet before each court hearing with the parent, unless the court:

(i) finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem's compliance is not feasible; or

(ii) on a showing of good cause, authorizes the attorney ad litem to comply by conferring with the parent, as appropriate, by telephone or video conference;

(H) abide by the parent's objectives for representation;

(I) become familiar with the American Bar Association's standards of practice for attorneys who represent parents in abuse and neglect cases; and

(J) complete at least three hours of continuing legal education relating to representing parents in child protection cases as described by Subsection (b) as soon as practicable after the attorney ad litem is appointed, unless the court finds that the attorney ad litem has experience equivalent to that education; and

(2) is entitled to:

(A) request clarification from the court if the role of the attorney ad litem is ambiguous;

(B) request a hearing or trial on the merits;

(C) consent or refuse to consent to an interview of the parent 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 conducted by the Department of Family and Protective Services in which the parent is invited to participate, including, as appropriate, a case staffing to develop a family plan of service, a family group conference, a permanency conference, a mediation, a case staffing to plan for the discharge and return of the child to the parent, a case staffing related to a placement in a residential treatment center or qualified residential treatment program, and any other case staffing that the department determines would be appropriate for the parent to attend, but excluding any internal department staffing or staffing between the department and the department's legal representative; and

(G) attend all legal proceedings in the suit.

(b) The continuing legal education required by Subsection (a)(1)(J) must:

(1) be low-cost and available to persons throughout this state, including on the Internet provided through the State Bar of Texas; and

(2) focus on the duties of an attorney ad litem in, and the procedures of and best practices for, representing a parent in a proceeding under Subtitle E.

(c) An attorney who is on the list maintained by the court as being qualified for appointment as an attorney ad litem for a parent in a child protection case must complete at least three hours of continuing legal education relating to the representation of a parent in a proceeding under Subtitle E each year before the anniversary date of the attorney's listing.

Added by Acts 2011, 82nd Leg., R.S., Ch. 647 (S.B. 1026), Sec. 1, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 3, eff. September 1, 2013.

Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 3, eff. September 1, 2023.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2014–2022 · leading case: In re B.D.A., 546 S.W.3d 346 (Tex. App. 2018).
Sort: Relevance Newest Treatment
In re B.D.A., 546 S.W.3d 346 (Tex. App. 2018). · cites it 3× “Tex. Fam. Code § 107.0131(a)(1)(A). The right to counsel under Section 107.”
in the Interest of A. J., a Child, 559 S.W.3d 713 (Tex. App. 2018). · cites it 2× “; TEX. FAM. CODE ANN. § 107.0131 (West 2014).”
In the Interest of V.L.B., a Child, 445 S.W.3d 802 (Tex. App. 2014). · cites it 2× “See Tex. Fam. Code Ann. § 107.0131 (West 2014).”
in the Interest of M.A.B., IV, a Child (Tex. App. 2015). · cites it 4× “After that decision was rendered, at the urging of the Supreme Court’s Permanent Commission on Children, Family, and Youth, the Texas Legislature passed a law mandating specific case performance criteria for appointed counsel for parents in DFPS termination cases Tex. Fam. Code…”
in the Interest of S.C. (Tex. App. 2022). · cites it 2× “Tex. Fam. Code Ann. § 107.0131 ; In re A.”
in the Interest of M.A.B., IV, a Child (Tex. App. 2015). · cites it 2× “7 Tex. Fam. Code §107.0131. . . . . . . . .”
in the Interest of B.D.A., L.A.A.-M., & J.X.A., Child. (Tex. App. 2017). “See TEX. FAM. CODE § 107.0131(a)(1)(B) (attorney ad litem shall “investigate the facts of the case”); id.”
in the Interest of M.M., a Child (Tex. App. 2019). “Based on the record before us, Father has not demonstrated that the trial court abused its discretion in its timing of appointing him counsel. Finally, Father complains about his counsel’s failure to sign the termination order as required by section 107.”
in the Interest of J.K. & S.K. (Tex. App. 2019). “So the record before us shows that trial counsel took 53 See Tex. Fam. Code Ann. § 107.0131 (a) (West 2019).”
in the Interest of A.T.M., G.B., & P.F.L., Child. (Tex. App. 2021). “See TEX. FAM. CODE ANN. § 107.0131(a)(1)(G) (stating that an attorney ad litem 9 G.”
in the Interest of G.L. A/K/A A.L. A/K/A A.L.G.L., a Child (Tex. App. 2022). “” TEX. FAM. CODE ANN. § 107.0131(a)(1)(C). This duty includes obtaining and reviewing “copies of all court files in the suit during the attorney ad litem’s course of representation.”
in the Interest of A.P., a Child (Tex. App. 2015). “” Tex. Fam. Code Ann. § 107.0131 (West 2014).”
Show all 13 citing cases →
— Tex. Fam. Code § 107.0131(G) — 1 case
in the Interest of M.A.B., IV, a Child (Tex. App. 2015). “7 Tex. Fam. Code §107.0131. . . . . . . . .”
— Tex. Fam. Code § 107.0131(a)(1)(A) — 1 case
In re B.D.A., 546 S.W.3d 346 (Tex. App. 2018). “Tex. Fam. Code § 107.0131(a)(1)(A). The right to counsel under Section 107.”
— Tex. Fam. Code § 107.0131(a)(1)(B) — 2 cases
In re B.D.A., 546 S.W.3d 346 (Tex. App. 2018). “Tex. Fam. Code § 107.0131(a)(1)(A). The right to counsel under Section 107.”
in the Interest of B.D.A., L.A.A.-M., & J.X.A., Child. (Tex. App. 2017). “See TEX. FAM. CODE § 107.0131(a)(1)(B) (attorney ad litem shall “investigate the facts of the case”); id.”
— Tex. Fam. Code § 107.0131(a)(1)(C) — 2 cases
In re B.D.A., 546 S.W.3d 346 (Tex. App. 2018). “Tex. Fam. Code § 107.0131(a)(1)(A). The right to counsel under Section 107.”
in the Interest of G.L. A/K/A A.L. A/K/A A.L.G.L., a Child (Tex. App. 2022). “” TEX. FAM. CODE ANN. § 107.0131(a)(1)(C). This duty includes obtaining and reviewing “copies of all court files in the suit during the attorney ad litem’s course of representation.”
— Tex. Fam. Code § 107.0131(a)(1)(F) — 1 case
in the Interest of M.M., a Child (Tex. App. 2019). “Based on the record before us, Father has not demonstrated that the trial court abused its discretion in its timing of appointing him counsel. Finally, Father complains about his counsel’s failure to sign the termination order as required by section 107.”
— Tex. Fam. Code § 107.0131(a)(1)(G) — 1 case
in the Interest of A.T.M., G.B., & P.F.L., Child. (Tex. App. 2021). “See TEX. FAM. CODE ANN. § 107.0131(a)(1)(G) (stating that an attorney ad litem 9 G.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.