Texas Codes

Tex. Fam. Code § 107.016 (2026)

Continued Representation; Duration Of Appointment

✓ current as of May 2026

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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF APPOINTMENT. In a suit filed by a governmental entity in which termination of the parent-child relationship or appointment of the entity as conservator of the child is requested:

(1) an order appointing the Department of Family and Protective Services as the child's managing conservator:

(A) shall provide for the continuation of the appointment of the guardian ad litem or the attorney ad litem for the child, or an attorney appointed to serve in the dual role, as long as the child remains in the conservatorship of the department; and

(B) may provide for the continuation of the appointment of both the attorney ad litem and the guardian ad litem for the child if both have been appointed, as long as the child remains in the conservatorship of the department; and

(2) an attorney appointed under this subchapter to serve as an attorney ad litem for a parent or an alleged father continues to serve in that capacity until the earliest of:

(A) the date the suit affecting the parent-child relationship is dismissed;

(B) the date all appeals in relation to any final order terminating parental rights are exhausted or waived; or

(C) the date the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by the court on the record.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 6, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 2, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 9, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 801 (H.B. 1315), Sec. 1, eff. September 1, 2021.

Notes of Decisions

Cited in 188 cases (101 in the last 5 years), 2011–2026 · leading case: in the Interest of E.A.F., Child, 424 S.W.3d 742 (Tex. App. 2014).

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in the Interest of E.A.F., Child, 424 S.W.3d 742 (Tex. App. 2014). · cites it 3× “Here, there was no finding of good cause rendered by the court on the record and the court did not relieve the attorney of his duties pursuant to Texas Family Code Section 107.016. Moreover, here, the Code did not authorize appellant to release the ad litem.”

In the INTEREST OF A.M. & A.M., Child., 495 S.W.3d 573 (Tex. App. 2016). “” Tex. Fam. Code § 107.016(2)(B). If the mother wishes to pursue an appeal to the Supreme Court of Texas, “appointed counsel’s obligations can be satisfied by filing a petition for review that satisfies the standards for an Anders brief.”

in the Interest of G.P., a Child, 503 S.W.3d 531 (Tex. App. 2016). “See Tex. Fam. Code Ann. § 107.016 (2). In those cases, an attorney appointed to represent a parent continues in that capacity until the-earliest of- the following: the case has been dismissed, all-appeals relating to a final termination order have been exhausted or waived, or…”

In re Interest of D.C., 573 S.W.3d 860 (Tex. App. 2019). “2016) (per curiam); see TEX.FAM.CODE ANN. § 107.016(3) (in a suit by a governmental entity seeking the termination of parental rights, an attorney appointed to serve as an attorney ad litem for a parent or alleged father continues to serve in that capacity until the suit is…”

in Re J.R.J., 357 S.W.3d 153 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 107.016 (West Supp.2011) (listing conditions upon which appointed counsel in termination case may withdraw or be replaced upon finding of good cause); Tex.”

in the Interest of G.P., a Child, 501 S.W.3d 252 (Tex. App. 2016). “” Tex. Fam. Code Ann. § 107.016 (2)(B) (West 2014).”

In the Interest of T.S., L.S., & D.S., Child. v. the State of Texas (Tex. App. 2024). · cites it 4× “Page 14 Dismissal of Court-Appointed Attorneys In their third issue, Mother and Father assert that the trial court’s denial of their requests to keep their court-appointed counsel after the Department was dismissed from the suit violated Texas Family Code Section 107.016, was an…”

in the Interest of R.E.Y., a Child (Tex. App. 2020). · cites it 3× “denied); see also TEX. FAM. CODE ANN. § 107.016. Moreover, we deny counsel’s motion to withdraw and appellant’s pro se motion to abate this appeal to file an out-of-time motion for new trial.”

In the Interest of T.S., L.S., & D.S., Child. v. the State of Texas (Tex. App. 2024). · cites it 3× “TEX. FAM. CODE ANN. § 107.016. Here, the In the Interest of T.”

in the Interest of K. L. W., Child v. Dep't of Fam. & Prot. Servs. (Tex. App. 2018). · cites it 2× “) (quoting TEX. FAM. CODE ANN. § 107.016(2) (West 2014)).”

in the Interest of K.I., a Child (Tex. App. 2021). · cites it 2× “denied); see also TEX. FAM. CODE ANN. § 107.016. Moreover, we deny counsel’s motion to withdraw.”

in the Interest of J.R.W. & J. M., Child. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2021). · cites it 2× “See TEX. FAM. CODE ANN. § 107.016; In re M.V.”

Show all 188 citing cases →

— Tex. Fam. Code § 107.016(1) — 1 case

in Re: J. P. L., a Child (Tex. App. 2022).

— Tex. Fam. Code § 107.016(2) — 56 cases

in the Interest of E.A.F., Child, 424 S.W.3d 742 (Tex. App. 2014). “Here, there was no finding of good cause rendered by the court on the record and the court did not relieve the attorney of his duties pursuant to Texas Family Code Section 107.016. Moreover, here, the Code did not authorize appellant to release the ad litem.”

in the Interest of K. L. W., Child v. Dep't of Fam. & Prot. Servs. (Tex. App. 2018). “) (quoting TEX. FAM. CODE ANN. § 107.016(2) (West 2014)).”

in the Interest of A.G., a Child (Tex. App. 2022).

in the Interest of H. L. W. & S. K. W. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2022).

In the Interest of K.Z.S., a Child v. the State of Texas (Tex. App. 2024).

— Tex. Fam. Code § 107.016(2)(A) — 1 case

In the Interest of T.S., L.S., & D.S., Child. v. the State of Texas (Tex. App. 2024). “TEX. FAM. CODE ANN. § 107.016. Here, the In the Interest of T.”

— Tex. Fam. Code § 107.016(2)(B) — 14 cases

in the Interest of J.D., a Child (Tex. App. 2018).

in the Interest of N. I. W. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2018).

in the Interest of E. v. V, M.-H., Jr. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2019).

in the Interest of J. M. C. & J. C. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2022).

— Tex. Fam. Code § 107.016(2)(C) — 3 cases

B. B. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2015).

in the Interest of F.M., a Child (Tex. App. 2022).

in the Interest of J.R.W., Child. (Tex. App. 2015).

— Tex. Fam. Code § 107.016(3) — 19 cases

in the Interest of K.E.P. (Tex. App. 2018).

in the Interest of A.R.P. (Tex. App. 2018).

in the Interest of C.J.J. Jr., a Child (Tex. App. 2018).

in Re L.E.A. & A.G.A., Child. (Tex. App. 2019).

— Tex. Fam. Code § 107.016(3)(B) — 5 cases

in the Interest of E. L. W. Child v. Dep't of Fam. & Prot. Servs. (Tex. App. 2017).

in the Interest of J. J. N. a Child v. Dep't of Fam. & Prot. Servs. (Tex. App. 2018).

in the Interest of J.T.H. (Tex. App. 2019).

in the Interest of J.L., A.L., & J.L., Child. (Tex. App. 2020).

In the Interest of A. F. AKA A. N. F. a Child v. Dep't of Fam. & Prot. Serv. (Tex. App. 2024).

— Tex. Fam. Code § 107.016(3)(C) — 2 cases

in the Interest of M.M., a Child (Tex. App. 2018).

in the Interest of T.W. & X.W., Child. (Tex. App. 2019).

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