Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Texas Codes

Tex. Fam. Code § 263.0061 (2026)

Notice To Parents Of Right To Counsel

✓ current as of May 2026
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Sec. 263.0061. NOTICE TO PARENTS OF RIGHT TO COUNSEL. (a) At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the date the court renders a temporary order appointing the department as temporary managing conservator of a child, the court shall inform each parent not represented by an attorney of:

(1) the right to be represented by an attorney; and

(2) if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney.

(b) If a parent claims indigence and requests the appointment of an attorney in a proceeding described by Subsection (a), the court shall require the parent to complete and file with the court an affidavit of indigence. The court may hear evidence to determine whether the parent is indigent. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent.

Added by Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 10, eff. September 1, 2013.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2014–2023 · leading case: in the Interest of S.R., S.R. & B.R.S., Child., 452 S.W.3d 351 (Tex. App. 2014).
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in the Interest of S.R., S.R. & B.R.S., Child., 452 S.W.3d 351 (Tex. App. 2014). “See Tex. Fam. Code § 263.0061(b). Unlike section 107.”
in the Interest of B.C., a Child (Tex. 2019). · cites it 3× “See TEX. FAM. CODE § 263.0061. The Department of Family and Protective Services removed B.”
in the Interest of B.C. & Z.C., Child. (Tex. App. 2022). · cites it 3× “145(b)); see Tex. Fam. Code Ann. § 263.0061 (b). Here, there is no dispute that Father appeared at the April 16, 2021 adversary hearing, that he requested appointed counsel without filing an affidavit of indigency, and that the trial court denied his request based on Father’s…”
in the Interest of O.C. (Tex. App. 2021). · cites it 2× “See Tex. Fam. Code Ann. § 263.0061 (a). See In re B.”
in the Interest of S.R., Jr., a Child (Tex. App. 2019). “TEX. FAM. CODE ANN. § 263.0061(a)(1). The record does not indicate that the trial court gave the parents the proper admonishments at the adversary hearing, the status hearing, or the first permanency hearing.”
in the Interest of a Child A. A. H AKA A.H v. Dep't of Fam. & Prot. Servs. (Tex. App. 2020). “TEX. FAM. CODE § 263.0061(a)(1), (2). In In re B.”
in the Interest of S.C. (Tex. App. 2022). “Tex. Fam. Code Ann. § 263.0061 (a), (b). With respect to the appointment of counsel and admonishments for parents, courts have reversed judgments when parents were not properly admonished or afforded counsel at key stages of the proceedings.”
In the Interest of E.L.S., a Child v. the State of Texas (Tex. App. 2023). “TEX. FAM. CODE § 263.0061. I am aware that this court has held that the due process rights of indigent parents are not necessarily violated when the court appoints an attorney to represent them late in the proceedings.”
E. T. & T. T. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2015). “See Tex. Fam. Code § 263.0061 (requiring court to inform unrepresented parents of right to be represented by attorney and, if parent is indigent and opposes termination, right to court-appointed attorney).”
in the Interest of J. M., a Minor Child (Tex. App. 2015). “See TEX. FAM. CODE ANN. § 263.0061(b) (West 2014).”
in the Interest of J.S. (Tex. App. 2015). “Tex. Fam. Code Ann. § 263.0061 (a), (b). The trial court may, but is not required to, conduct a hearing to determine whether the parent is indigent.”
— Tex. Fam. Code § 263.0061(a) — 1 case
in the Interest of B.C., a Child (Tex. 2019). “See TEX. FAM. CODE § 263.0061. The Department of Family and Protective Services removed B.”
— Tex. Fam. Code § 263.0061(a)(1) — 2 cases
in the Interest of S.R., Jr., a Child (Tex. App. 2019). “TEX. FAM. CODE ANN. § 263.0061(a)(1). The record does not indicate that the trial court gave the parents the proper admonishments at the adversary hearing, the status hearing, or the first permanency hearing.”
in the Interest of a Child A. A. H AKA A.H v. Dep't of Fam. & Prot. Servs. (Tex. App. 2020). “TEX. FAM. CODE § 263.0061(a)(1), (2). In In re B.”
— Tex. Fam. Code § 263.0061(b) — 3 cases
in the Interest of S.R., S.R. & B.R.S., Child., 452 S.W.3d 351 (Tex. App. 2014). “See Tex. Fam. Code § 263.0061(b). Unlike section 107.”
in the Interest of B.C., a Child (Tex. 2019). “See TEX. FAM. CODE § 263.0061. The Department of Family and Protective Services removed B.”
in the Interest of J. M., a Minor Child (Tex. App. 2015). “See TEX. FAM. CODE ANN. § 263.0061(b) (West 2014).”
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