Sec. 51.11. GUARDIAN AD LITEM. (a) In this section:
(1) "Dual-system child" means a child who, at any time before the child's 18th birthday, was referred to the juvenile justice system and was involved in the child welfare system by being:
(A) placed in the temporary or permanent managing conservatorship of the Department of Family and Protective Services;
(B) the subject of a family-based safety services case with the Department of Family and Protective Services;
(C) an alleged victim of abuse or neglect in an active case being investigated by the Department of Family and Protective Services child protective investigations division; or
(D) a victim in a case in which the Department of Family and Protective Services investigation concluded that there was a reason to believe that abuse or neglect occurred.
(2) "Dual-status child" means a dual-system child who is involved with both the child welfare and juvenile justice systems at the same time.
(a-1) If a child appears before the juvenile court without a parent or guardian, the court shall appoint a guardian ad litem to protect the interests of the child. The juvenile court need not appoint a guardian ad litem if a parent or guardian appears with the child.
(b) In any case in which it appears to the juvenile court that the child's parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to proceedings under this title, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings.
(c) An attorney for a child may also be his guardian ad litem. A law-enforcement officer, probation officer, or other employee of the juvenile court may not be appointed guardian ad litem.
(d) The juvenile court may appoint the guardian ad litem appointed under Chapter 107 for a child in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services to serve as the guardian ad litem for the child in a proceeding held under this title.
(e) A non-attorney guardian ad litem in a case involving a dual-system child may not:
(1) investigate any charges involving a dual-status child that are pending with the juvenile court; or
(2) offer testimony concerning the guilt or innocence of a dual-status child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 1, eff. September 1, 2021.
Notes of Decisions
In the Interest of J.F.C., 96 S.W.3d 256 (Tex. 2002).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
Turner v. State, 796 S.W.2d 492 (Tex. App. 1990).
“Tex.Fam.Code Ann. § 51.11 (Vernon 1986). Usually, one of the child’s parents, or in some situations a substitute parent, will fill this need.”
In Re Jfc, 96 S.W.3d 256 (Tex. 2002).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
In re D.A.S., 973 S.W.2d 296 (Tex. 1998).
“See Tex. Fam.Code §§ 51.11, 151.003(a)(7); see also Grunewald v.”
Pratt v. State, 907 S.W.2d 38 (Tex. App. 1995).
“TexFam.Code Ann. § 51.11(c) (Vernon 1986).”
In the Interest of R.M.T., a Child, 352 S.W.3d 12 (Tex. App. 2011).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
In re A.G.G., 860 S.W.2d 160 (Tex. App. 1993).
· cites it 2× “Tex.Fam. Code Ann. § 51.11 (Vernon 1986).”
In re P. A. C., 562 S.W.2d 913 (Tex. App. 1978).
“The provision for appointment of guardian ad litem is made in Tex. Family Code Ann. § 51.11 . The relevant portion of § 51.”
In the Matter of C.A.G., a Juv., 410 S.W.3d 923 (Tex. App. 2013).
“” See Tex.Fam.Code Ann. § 51.11(c) (West 2008) (“An attorney for a child may also be his guardian ad litem.”
In the Interest of E.R., 335 S.W.3d 816 (Tex. App. 2011).
“, Tex. Fam. Code Ann. §§ 51.11 (b) (juvenile court may appoint guardian ad litem to protect interests of child in proceedings if parent or guardian incapable or unwilling to make decisions in best interest of child), 153.”
Matter of J.E.H., 972 S.W.2d 928 (Tex. App. 1998).
“insists that the trial court erred by not appointing him a guardian ad litem as required by Tex. Fam.Code Ann. § 51.11(b) (Vernon 1996).”
D.A.S., Matter Of, 951 S.W.2d 528 (Tex. App. 1997).
“See Tex. Fam.Code Ann. § 51.11 (Vernon 1996).”
— Tex. Fam. Code § 51.11(a) — 1 case
— Tex. Fam. Code § 51.11(b) — 12 cases
In the Interest of J.F.C., 96 S.W.3d 256 (Tex. 2002).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
In Re Jfc, 96 S.W.3d 256 (Tex. 2002).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
In the Interest of R.M.T., a Child, 352 S.W.3d 12 (Tex. App. 2011).
“But children also have a strong interest in a final decision on termination so that adoption to a stable home or return to the parents is not unduly prolonged.”
Matter of J.E.H., 972 S.W.2d 928 (Tex. App. 1998).
“insists that the trial court erred by not appointing him a guardian ad litem as required by Tex. Fam.Code Ann. § 51.11(b) (Vernon 1996).”
In Re Er, 335 S.W.3d 816 (Tex. App. 2011).
— Tex. Fam. Code § 51.11(c) — 2 cases
Pratt v. State, 907 S.W.2d 38 (Tex. App. 1995).
“TexFam.Code Ann. § 51.11(c) (Vernon 1986).”
In the Matter of C.A.G., a Juv., 410 S.W.3d 923 (Tex. App. 2013).
“” See Tex.Fam.Code Ann. § 51.11(c) (West 2008) (“An attorney for a child may also be his guardian ad litem.”
— Tex. Fam. Code § 51.11(d) — 1 case
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