89R1863 PRL-F     By: Zaffirini S.B. No. 323       A BILL TO BE ENTITLED   AN ACT   relating to special appointments in suits affecting the   parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.001(1), Family Code, is amended to   read as follows:                (1)  "Amicus attorney" means an attorney appointed by   the court in a suit, other than a suit filed by a governmental   entity, whose role is to provide legal services necessary to assist   the court in protecting a child's best interests rather than to   provide legal services to the child, including by acting as a   witness or making recommendations to the court.          SECTION 2.  The heading to Section 107.003, Family Code, is   amended to read as follows:          Sec. 107.003.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR   CHILD [AND AMICUS ATTORNEY].          SECTION 3.  Section 107.003(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem appointed to represent a child [or   an amicus attorney appointed to assist the court]:                (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 child in a developmentally   appropriate manner, if the child is four years of age or older;                            (ii)  each person who has significant   knowledge of the child's history and condition, including any   foster parent of the child; and                            (iii)  the parties to the suit;                      (B)  seek to elicit in a developmentally   appropriate manner the child's expressed objectives of   representation;                      (C)  consider the impact on the child in   formulating the attorney's presentation of the child's expressed   objectives of representation to the court;                      (D)  investigate the facts of the case to the   extent the attorney considers appropriate;                      (E)  obtain and review copies of relevant records   relating to the child as provided by Section 107.006;                      (F)  participate in the conduct of the litigation   to the same extent as an attorney for a party;                      (G)  take any action consistent with the child's   interests that the attorney considers necessary to expedite the   proceedings;                      (H)  encourage settlement and the use of   alternative forms of dispute resolution; and                      (I)  review and sign, or decline to sign, a   proposed or agreed order affecting the child;                (2)  must be trained in child advocacy or have   experience determined by the court to be equivalent to that   training; and                (3)  is entitled to:                      (A)  request clarification from the court if the   role of the attorney is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the child 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 concerning   the child conducted by the Department of Family and Protective   Services; and                      (G)  attend all legal proceedings in the suit.          SECTION 4.  Section 107.007(a), Family Code, is amended to   read as follows:          (a)  An attorney ad litem or [,] an attorney serving in the   dual role[, or an amicus attorney] may not:                (1)  be compelled to produce attorney work product   developed during the appointment as an attorney;                (2)  be required to disclose the source of any   information;                (3)  submit a report into evidence; or                (4)  testify in court except as authorized by Rule   3.08, Texas Disciplinary Rules of Professional Conduct.          SECTION 5.  Section 107.009, Family Code, is amended to read   as follows:          Sec. 107.009.  IMMUNITY. (a)  A guardian ad litem, [an   attorney ad litem,] a child custody evaluator, or an adoption   evaluator [amicus attorney] appointed under this chapter is not   liable for civil damages arising from an action taken, a   recommendation made, or an opinion given in the capacity of   guardian ad litem, [attorney ad litem,] child custody evaluator, or   adoption evaluator [amicus attorney].          (a-1)  An attorney ad litem or amicus attorney appointed   under this chapter is not liable for civil damages arising from an   action taken in the capacity of attorney ad litem or amicus   attorney.          (b)  Subsections [Subsection] (a) and (a-1) do [does] not   apply to an action taken, a recommendation made, or an opinion   given:                (1)  with conscious indifference or reckless disregard   to the safety of another;                (2)  in bad faith or with malice; or                (3)  that is grossly negligent or wilfully wrongful.          SECTION 6.  Part 2, Subchapter B, Chapter 107, Family Code,   is amended by adding Sections 107.024, 107.0245, 107.025, 107.0255,   107.026, 107.0265, 107.027, and 107.0275 to read as follows:          Sec. 107.024.  APPOINTMENT OF AMICUS ATTORNEY. (a)  The   court, after notice and hearing or on agreement of the parties, may   appoint an amicus attorney in a suit.          (b)  In determining whether to make an appointment under this   section, the court:                (1)  shall:                      (A)  give due consideration to the ability of the   parties to pay reasonable fees to the amicus attorney; and                      (B)  balance the child's interests against the   cost to the parties that would result from an appointment by taking   into consideration the cost of available alternatives for resolving   issues without making an appointment;                (2)  may make an appointment only if the court finds   that the appointment is necessary to ensure the determination of   the best interests of the child, unless the appointment is   otherwise required by this code; and                (3)  may not require an amicus attorney appointed under   this section to serve without reasonable compensation for the   services rendered by the amicus attorney.          (c)  An amicus attorney appointed under this section must be   qualified under Section 107.0245 or 107.025.          (d)  An order appointing an amicus attorney under this   section must include:                (1)  the name, bar number, address, telephone number,   and e-mail address of the appointed amicus attorney;                (2)  the scope of the amicus attorney's role;                (3)  a list of the duties of an amicus attorney,   including duties under Section 107.0265(c)(1);                (4)  any other specific tasks requested by the court;   and                (5)  specific provisions for payment of the amicus   attorney, including a retainer or cost deposit.          (e)  If a party to or child subject to a suit does not speak   English as the party's or child's primary language, the court shall   ensure that the amicus attorney:                (1)  is able to effectively communicate in the party's   or child's primary language; or                (2)  will be assisted by a licensed or certified   interpreter.          (f)  A licensed or certified interpreter assisting an amicus   attorney under Subsection (e)(2) may accompany the amicus attorney   in person or assist through use of audio or video conferencing   technology.          (g)  The court may require the parties to pay any costs   associated with obtaining assistance from a licensed or certified   interpreter under Subsection (e)(2).          Sec. 107.0245.  AMICUS ATTORNEY; MINIMUM QUALIFICATIONS.     (a)  To be qualified to serve as an amicus attorney, an individual   must:                (1)  be an attorney:                      (A)  who:                            (i)  is licensed to practice law in this   state and in good standing with the State Bar of Texas;                            (ii)  has practiced law for at least two   years; and                            (iii)  is trained in child advocacy or found   by the court to have experience equivalent to training in child   advocacy; or                      (B)  who is certified by the Texas Board of Legal   Specialization in family law or child welfare law;                (2)  in the four years preceding the appointment, have   completed not less than a total of four hours of continuing legal   education from one or more of the following subject areas:                      (A)  domestic violence;                      (B)  techniques for interviewing a child in a   developmentally appropriate manner; or                      (C)  alternative dispute resolution; and                (3)  if appropriate due to the nature of the   appointment, be familiar with the American Bar Association's   standards of practice for attorneys who represent children in   custody cases.          (b)  The court shall determine whether a prospective amicus   attorney meets the qualifications of this section.          (c)  On the request of the court, a prospective amicus   attorney must demonstrate appropriate knowledge and competence   consistent with professional models, standards, and guidelines.          Sec. 107.025.  EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE   AS AMICUS ATTORNEY IN CERTAIN COUNTIES. (a)  This section applies   only to a county with a population of less than 500,000.          (b)  If a court finds that an individual qualified to serve   as an amicus attorney under Section 107.0245 is not available in the   county to serve as an amicus attorney, the court may, after notice   and hearing or on agreement of the parties, appoint an amicus   attorney the court determines to be otherwise qualified to serve.          Sec. 107.0255.  AMICUS ATTORNEY; CONFLICTS OF INTEREST AND   BIAS.  (a)  Before a person accepts appointment as an amicus   attorney in a suit, the person must disclose to the court, each   attorney for a party to the suit, and any party to the suit who does   not have an attorney:                (1)  any conflict of interest that the person believes   the person has with the court, any party to the suit, or a child who   is the subject of the suit;                (2)  any previous knowledge that the person has of a   party to the suit or a child who is the subject of the suit, other   than knowledge obtained in a court-ordered evaluation;                (3)  any pecuniary relationship that the person   believes the person has with an attorney in the suit or the court;                (4)  any fiduciary relationship that the person   believes the person has with an attorney in the suit or the court;                (5)  any conflict of interest that the person believes   the person has with another person participating or expected to   participate in the suit in a professional capacity; and                (6)  any other information relating to the person's   relationship with an attorney in the suit or the court that a   reasonable, prudent person would believe would affect the ability   of the person to act impartially as an amicus attorney.          (b)  The court may not appoint a person as an amicus attorney   in a suit if the person makes any of the disclosures in Subsection   (a) unless:                (1)  the court finds, after notice and a hearing, that:                      (A)  the person has no conflict of interest with a   party to the suit, the court, or a child who is the subject of the   suit;                      (B)  the person's previous knowledge of a party to   the suit, the court, or a child who is the subject of the suit is not   relevant;                      (C)  the person does not have a pecuniary   relationship with an attorney in the suit or the court; and                      (D)  the person does not have a fiduciary   relationship with an attorney in the suit or the court; or                (2)  the parties agree in writing to the person's   appointment as an amicus attorney.          (c)  After being appointed as an amicus attorney in a suit, a   person shall immediately disclose to the court, each attorney for a   party to the suit, and any party to the suit who does not have an   attorney any discovery of the following unless previously   disclosed:                (1)  a conflict of interest that the person believes   the person has with a party to the suit, the court, or a child who is   the subject of the suit;                (2)  previous knowledge the person has of a party to the   suit, the court, or a child who is the subject of the suit, other   than knowledge obtained in a court-ordered evaluation;                (3)  a relationship that the person has with an   attorney in the suit who was hired or appointed after the person's   appointment as an amicus attorney that would have been subject to   disclosure under Subsection (a); and                (4)  any conflict of interest that the person believes   the person has with another person who participates in the suit in a   professional capacity.          (d)  The court shall remove a person as an amicus attorney in   a suit if the person makes any of the disclosures in Subsection (c)   unless:                (1)  the court finds, after notice and a hearing, that,   as applicable:                      (A)  the person has no conflict of interest with a   party to the suit, the court, or a child who is the subject of the   suit;                      (B)  the person's previous knowledge of a party to   the suit, the court, or a child who is the subject of the suit is not   relevant;                      (C)  the person has no pecuniary or fiduciary   relationship with an attorney in the suit who was hired or appointed   after the person's appointment as an amicus attorney; or                      (D)  the person has no conflict of interest with   another person who participates in the suit in a professional   capacity; or                (2)  the parties agree in writing to the person's   continued appointment as an amicus attorney.          (e)  A person who has a preexisting relationship with an   attorney for a party to the suit or a professional participating in   the suit is not disqualified from being an amicus attorney if the   relationship was formed in a professional setting such as service   to the community or a bar association.          Sec. 107.026.  AMICUS ATTORNEY STANDARD OF CARE. (a)  Except   as provided by this title, an amicus attorney is subject to the   professional standards of care and ethical standards necessary to   remain in good standing with the State Bar of Texas.          (b)  A court may impose requirements or adopt local rules   applicable to an amicus attorney that do not conflict with this   subchapter.          Sec. 107.0265.  POWERS AND DUTIES OF AMICUS ATTORNEY. (a)     Subject to specific limitations given in an order of appointment   under Section 107.024, an amicus attorney's primary duty is to:                (1)  review the facts and circumstances of the case;   and                (2)  advocate the best interests of a child who is the   subject of the suit.          (b)  In performing the duties under Subsection (a), an amicus   attorney is not bound by the expressed objectives of a child who is   the subject of the suit.          (c)  An amicus attorney appointed to assist the court:                (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 child in a developmentally   appropriate manner, if the child is four years of age or older;                            (ii)  each person who has significant   knowledge of the child's history and condition, including any   foster parent of the child; and                            (iii)  the parties to the suit;                      (B)  seek to elicit and assess the child's view in   a developmentally appropriate manner;                      (C)  consider the impact on the child in   formulating the attorney's presentation of the child's expressed   objectives of representation to the court;                      (D)  investigate the facts of the case to the   extent the attorney considers appropriate;                      (E)  obtain and review copies of relevant records   relating to the child as provided by Section 107.006;                      (F)  participate in the conduct of the litigation   to the same extent as an attorney for a party;                      (G)  take any action consistent with the child's   interests that the attorney considers necessary to expedite the   proceedings;                      (H)  encourage settlement and the use of   alternative forms of dispute resolution;                      (I)  review and sign, or decline to sign, a   proposed or agreed order affecting the child;                      (J)  on the request of any party, disclose the   name, address, and phone number of each person interviewed or   consulted; and                      (K)  on the request of any party, make available   documents obtained by the amicus attorney for copying;                (2)  may be required by the court to perform additional   tasks, including:                      (A)  conducting additional interviews with each   child who is the subject of the suit to:                            (i)  ensure balanced and impartial   representation by the amicus attorney; and                            (ii)  observe each child while in the care of   each party to the suit;                      (B)  interviewing other individuals, including,   at the discretion of the amicus attorney, a child who:                            (i)  is not less than four years of age; and                            (ii)  resides part-time or full-time in a   residence where a child who is the subject of the suit resides   part-time or full-time;                      (C)  visiting the residence of each party seeking   conservatorship or possession of or access to a child who is the   subject of the suit; or                      (D)  reviewing any information the court   determines is relevant; and                (3)  is entitled to:                      (A)  request clarification from the court if the   role of the amicus attorney is ambiguous;                      (B)  request a hearing or trial on the merits;                      (C)  consent or refuse to consent to an interview   of the child 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 concerning   the child conducted by the Department of Family and Protective   Services;                      (G)  attend all legal proceedings in the suit; and                      (H)  make arguments during legal proceedings,   including:                            (i)  summarizing evidence; and                            (ii)  suggesting reasonable inferences and   deductions drawn from the evidence.          (d)  In preparing for and conducting an interview with a   child, an amicus attorney shall:                (1)  explain the role of an amicus attorney to the child   in a developmentally appropriate manner;                (2)  inform the child in a developmentally appropriate   manner that the amicus attorney may use information the child   provides in assisting the court; and                (3)  become familiar with the American Bar   Association's standards of practice for attorneys who represent   children in custody cases.          (e)  The disclosure required by Subsections (c)(1)(J) and   (K):                (1)  shall not be construed to require disclosure of an   amicus attorney's notes or attorney work product; and                (2)  is subject to supplementation under Rule 193.5,   Texas Rules of Civil Procedure.          Sec. 107.027.  LIMITATIONS ON AMICUS ATTORNEY POWERS. (a)     An amicus attorney may not:                (1)  offer an opinion regarding conservatorship or   possession of or access to a child subject to a suit;                (2)  engage in ex parte communications with the court;                (3)  be compelled to produce attorney work product   developed during the appointment as an amicus attorney;                (4)  except as required under Section   107.0265(c)(1)(J) or (K), be required to disclose the source of any   information;                (5)  submit a report into evidence; or                (6)  testify in court, except:                      (A)  as authorized under Rule 3.08, Texas   Disciplinary Rules of Professional Conduct; or                      (B)  as necessary for the court to make a   determination relating to the qualifications, conflicts of   interest, bias, or removal of the amicus attorney.          (b)  Subsection (a) does not apply to the duty of an attorney   to report child abuse or neglect under Section 261.101.          Sec. 107.0275.  REMOVAL OF AMICUS ATTORNEY. The court:                (1)  may remove an amicus attorney if the parties agree   to the removal; and                (2)  shall remove an amicus attorney if, after notice   and hearing, the court finds that the amicus attorney:                      (A)  does not have the minimum qualifications to   serve as an amicus attorney under Section 107.0245 or 107.025;                      (B)  has a conflict of interest or bias under   Section 107.0255(a) that is not exempted under that section;                      (C)  fails to perform duties under Section   107.0265 or ordered by the court;                      (D)  violates a standard of care under Section   107.026; or                      (E)  requests to be removed because a party to the   suit has prevented the amicus attorney from fulfilling the duties   of the amicus attorney.          SECTION 7.  Section 107.005, Family Code, is repealed.          SECTION 8.  The changes in law made by this Act apply only to   a suit affecting the parent-child relationship that is filed on or   after the effective date of this Act. A suit affecting the   parent-child relationship filed before the effective date of this   Act is governed by the law in effect on the date the suit was filed,   and the former law is continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.