The juvenile court must appoint a guardian ad litem when a child appears without a parent or guardian, may appoint one when a parent or guardian cannot or will not act in the child’s best interest, and restricts who may serve and what a non-attorney guardian ad litem may do in dual-system child cases.
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.