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.
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