The court must appoint an attorney ad litem for the child, and also for a parent seeking family preservation services, before the hearing after a suit is filed.
Sec. 262.405. AD LITEM APPOINTMENTS. (a) The court shall appoint an attorney ad litem to represent the interests of the child immediately after a suit is filed under Section 262.404 but before the hearing to ensure adequate representation of the child. The attorney ad litem for the child has the powers and duties of an attorney ad litem for a child under Chapter 107. (b) The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in family preservation services is being requested immediately after the suit is filed but before the hearing to ensure adequate representation of the parent. The attorney ad litem for the parent has the powers and duties of an attorney ad litem for a parent under Section 107.0131. (c) Before the hearing commences, the court shall inform each parent of: (1) the parent's right to be represented by an attorney; and (2) for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney. (d) If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the court finds the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation. If the court finds the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and order the parent to pay the cost of the attorney ad litem's representation. (e) The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem's discharge to allow the parent to hire an attorney or to provide the parent's attorney time to prepare for the subsequent proceeding. Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.