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 § 107.016 (2026)

Continued Representation; Duration Of Appointment

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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.—Houston [14th Dist.] 2014).
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in the Interest of E.A.F., Child, 424 S.W.3d 742 (Tex. App.—Houston [14th Dist.] 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.—Houston [1st Dist.] 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.—Waco 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.—El Paso 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.—Fort Worth 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.—Texarkana 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, No. 10-23-00311-CV (Tex. App.—Waco July 11, 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, No. 10-20-00235-CV (Tex. App.—Waco Dec. 30, 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, No. 10-23-00311-CV (Tex. App.—Waco Mar. 21, 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., No. 01-18-00485-CV (Tex. App.—Houston [1st Dist.] Aug. 10, 2018). · cites it 2× “) (quoting TEX. FAM. CODE ANN. § 107.016(2) (West 2014)).”
in the Interest of K.I., a Child, No. 10-20-00295-CV (Tex. App.—Waco Jan. 27, 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., No. 01-21-00157-CV (Tex. App.—Houston [1st Dist.] May 26, 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, 653 S.W.3d 767 (Tex. App.—Tyler 2022).
Tex. Fam. Code § 107.016(2): 56 cases
in the Interest of E.A.F., Child, 424 S.W.3d 742 (Tex. App.—Houston [14th Dist.] 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., No. 01-18-00485-CV (Tex. App.—Houston [1st Dist.] Aug. 10, 2018). “) (quoting TEX. FAM. CODE ANN. § 107.016(2) (West 2014)).”
in the Interest of A.G., a Child, No. 04-22-00117-CV (Tex. App.—San Antonio July 20, 2022).
in the Interest of H. L. W. & S. K. W. v. Dep't of Fam. & Prot. Servs., No. 01-21-00654-CV (Tex. App.—Houston [1st Dist.] Nov. 8, 2022).
In the Interest of K.Z.S., a Child v. the State of Texas, No. 04-23-00875-CV (Tex. App.—San Antonio Mar. 27, 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, No. 10-23-00311-CV (Tex. App.—Waco Mar. 21, 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 A.M. & A.M., Child., 495 S.W.3d 573 (Tex. App.—Houston [1st Dist.] 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 J.D., a Child, No. 06-18-00045-CV (Tex. App.—Texarkana Nov. 2, 2018).
in the Interest of N. I. W. v. Dep't of Fam. & Prot. Servs., No. 01-18-00576-CV (Tex. App.—Houston [1st Dist.] Dec. 20, 2018).
in the Interest of E. v. V, M.-H., Jr. v. Dep't of Fam. & Prot. Servs., No. 01-18-00888-CV (Tex. App.—Houston [1st Dist.] Mar. 28, 2019).
in the Interest of J. M. C. & J. C. v. Dep't of Fam. & Prot. Servs., No. 01-22-00087-CV (Tex. App.—Houston [1st Dist.] Aug. 2, 2022).
Tex. Fam. Code § 107.016(2)(C): 3 cases
B. B. v. Texas Dep't of Fam. & Prot. Servs., No. 03-15-00082-CV (Tex. App.—Austin May 5, 2015).
in the Interest of F.M., a Child, No. 02-22-00270-CV (Tex. App.—Fort Worth Nov. 17, 2022).
in the Interest of J.R.W., Child., No. 05-15-00493-CV (Tex. App.—Dallas May 22, 2015).
Tex. Fam. Code § 107.016(3): 19 cases
In re Interest of D.C., 573 S.W.3d 860 (Tex. App.—El Paso 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 the Interest of K.E.P., No. 04-18-00469-CV (Tex. App.—San Antonio Nov. 21, 2018).
in the Interest of A.R.P., No. 04-18-00485-CV (Tex. App.—San Antonio Nov. 28, 2018).
in the Interest of C.J.J. Jr., a Child, No. 04-18-00576-CV (Tex. App.—San Antonio Dec. 27, 2018).
In re L.E.A. & A.G.A., Child., No. 04-18-00561-CV (Tex. App.—San Antonio Jan. 9, 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., No. 01-17-00546-CV (Tex. App.—Houston [1st Dist.] Nov. 28, 2017).
in the Interest of J. J. N. a Child v. Dep't of Fam. & Prot. Servs., No. 01-18-00090-CV (Tex. App.—Houston [1st Dist.] June 28, 2018).
in the Interest of J.T.H., No. 04-19-00515-CV (Tex. App.—San Antonio Dec. 18, 2019).
in the Interest of J.L., A.L., & J.L., Child., No. 06-19-00078-CV (Tex. App.—Texarkana Jan. 10, 2020).
In the Interest of A. F. AKA A. N. F. a Child v. Dep't of Fam. & Prot. Serv., No. 01-24-00075-CV (Tex. App.—Houston [1st Dist.] July 9, 2024).
Tex. Fam. Code § 107.016(3)(C): 2 cases
in the Interest of M.M., a Child, No. 05-18-00901-CV (Tex. App.—Dallas Aug. 15, 2018).
in the Interest of T.W. & X.W., Child., No. 10-18-00379-CV (Tex. App.—Waco May 22, 2019).
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