Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

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).