B. Mandatory Appointment of Attorney
When DFPS files a petition requesting required participation in services, the court must appoint an attorney to represent the interests of the following persons:
• The child. Tex. Fam. Code § 264.203(g); and
• A parent for who participation in services is being requested. Tex. Fam. Code § 264.203(h).
Appointment must occur immediately after the filing of a petition for court-ordered services but before the 14-day hearing. Tex. Fam. Code § 264.203(g) and (h).
A parent who is indigent and appears in opposition to the motion has a right to a court-appointed attorney. Tex. Fam. Code § 264.203(i)(2).
Special Issue: The court is not required to appoint an attorney for a parent who is not asked to participate in services or for any non-parent who is asked to participate in services.
In court-ordered services cases, court-appointed attorneys for children have the powers and duties under Tex. Fam. Code § 107.003 and Tex. Fam. Code § 107.004 and court-appointed attorneys for parents have the powers and duties under Tex. Fam. Code § 107.0131. Tex. Fam. Code § 264.203(g) and (h).