Order appointing guardian ad litem


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NameOrder appointing guardian ad litem
A typeDocumentation

CAUSE NO. ___________________________________


IN THE INTEREST OF:
___________________________________________________

A CHILD/CHILDREN

IN THE _______ JUDICIAL DISTRICT COURT
_________________ COUNTY, TEXAS

ORDER APPOINTING GUARDIAN AD LITEM



Guardian Ad Litem Appointed:
IT IS ORDERED that _________________________________________________ is appointed as Guardian Ad Litem for the children who are the subject of this suit. The Court finds that this appointment is in the best interests of the children in question. The parties are each ORDERED to provide a copy of this order along with their names, addresses, telephone numbers and other contact information to the Guardian Ad Litem within 24 hours of the signing of this Order.
IT IS ORDERED that the cost of the Guardian Ad Litem’s services shall be divided between the parties as follows: ________% Petitioner ________% Respondent ________ % Intervenor.

The parties are ORDERED to pay their respective portions of these costs at such times and in such amounts as the Guardian Ad Litem may direct.
IT IS ORDERED that the Guardian Ad Litem shall testify at the final hearing or other hearing in this case, at the written request of any attorney of record, without the necessity of a subpoena, however, unless otherwise ordered by the Court, the requesting party shall be responsible for the Guardian Ad Litem’s customary and usual fees for testifying and said fees shall be paid or advanced prior to the hearing and payment of said fees shall be a condition precedent to the Guardian Ad Litem’s required testimony.
IT IS ORDERED that each party is to cooperate and comply with all requests of the Guardian Ad Litem for in-person or telephonic interviews or requests for information. The parties are further ORDERED to cooperate and comply with all requests of the Guardian Ad Litem for the cooperation of each individual residing in a residence of a party to this suit.
IT IS ORDERED that the Guardian Ad Litem shall have immediate access to the child and any information relating to the child. The custodian of any relevant records relating to the child, including records regarding social services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the child is a beneficiary, shall provide access to such records to the Guardian Ad Litem.
IT IS ORDERED that the Guardian Ad Litem may not serve in any other capacity with this family, including providing therapy, counseling, psychological, psycho-social, behavioral, or other evaluations, social studies, or other services. Should such services be deemed necessary the Guardian Ad Litem may make recommendations regarding other persons who may be qualified to provide such services.

Term of Appointment [CHECK ONE]


  • The Guardian Ad Litem shall continue to serve until dismissed by the court.




  • The Guardian Ad Litem shall serve until the Guardian Ad Litem provides a report to the court, at which time the Guardian Ad Litem is dismissed.



Report to the Court [CHECK ONE]


  • The Guardian Ad Litem shall file a written report in this cause no later than ______________ with copies sent to the parties or their attorneys.




  • The Guardian Ad Litem shall make an oral report to the court at the next hearing, which is set for (date) ______________________ (time) _____________________. If the case is not reached for hearing as scheduled, then the Guardian Ad Litem shall file a written report, with copies sent to the parties or their attorneys, no later than 7 days after the scheduled hearing.



Specific Issues to be Evaluated
In addition to the basic requirements, rights and duties of a Guardian Ad Litem under Texas Family Code 107, this order is intended to require limited tasks or a brief investigation to be performed by the Guardian Ad Litem. The Guardian Ad Litem shall perform the tasks specifically designated below:

Limited Interview of Children or Physical Investigation

  • The GAL shall interview the child or children who are the subject of this suit to attempt to determine: _________________________________________________________________

__________________________________________________________________________.


  • The GAL shall conduct a physical investigation of [ ] Mother’s [ ] Father’s home for the purpose of ___________________________________________________________.



Allegations of abuse or neglect

  • The GAL shall determine whether a child abuse investigation has been conducted by the Texas Department of Family and Protective Services or law enforcement agency.




  • The GAL shall investigate the allegations of family violence raised in this case.


If either of the above is checked, the GAL shall review the results of any investigation or available information regarding abuse or neglect and report back to the court as to the parents’ compliance with any recommendations or requests as a result of said investigations. The GAL may recommend the parents and/or children participate in additional services that may be in the best interest of the children in question.
For the purposes of Texas Family Code Section 261.201 the court finds that this evaluation is for a purpose consistent with the Family Code and hereby ORDERS the Texas Department of Family and Protective Services or any law enforcement agency in possession of records related to this family to provide such information to the GAL. The GAL is ORDERED that there shall be no further release any records provided by the Texas Department of Family and Protective Services or any law enforcement agency unless ordered to do so by this court.


Substance Abuse

  • The GAL shall investigate the allegations of substance abuse raised in this case. The parties shall comply with any request of the GAL for physiological testing in the timeframes directed by the GAL. The GAL may give an opinion whether any person involved with this case should participate in ongoing alcohol or drug treatment, including the nature and duration of such treatment.


Counseling and Parent Education

  • The GAL shall investigate and give an opinion whether any person involved with this case should participate in individual therapy, group counseling, parenting courses, anger management or other related services. The GAL may recommend specific areas to address and may specify the type and number of sessions to attend.



Special Needs Issues

  • The GAL shall investigate and give an opinion regarding school related needs for the children in question, such as enrollment in a particular school/district or academic placement in a gifted and talented program, special education program, or other specialized services including, if necessary, further testing and evaluation for the same.


Access Issues

  • The GAL shall investigate and give an opinion as to the parties stated access/visitation issues. The GAL shall also report a summary of the parties stated issues in this regard.

  • The GAL shall investigate and give an opinion as to supervised access to the children in question. If supervision is recommended, the GAL shall specify whether any relatives have been identified who would be appropriate to provide such supervision or if a professional supervisor would be appropriate.



Further Evaluation

  • The GAL shall give an opinion whether any person involved with this case should submit to a detailed psychological evaluation, what diagnostic areas of concern exist necessitating a detailed psychological evaluation, and how such concerns impact the parenting and care of the children in question.




  • The GAL shall give an opinion whether the family should participate in a social study as detailed in Texas Family Code Section 107.051, what additional areas of concern exist necessitating a social study, and how such concerns impact the parenting and care of the children in question.



Other

  • The GAL shall ___________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

__________________________________________________________________________.


Signed on this ______ day of ____________, 20___.


__________________________________

Judge Presiding
AGREED:



Printed Name: ____________________________
Bar Number: _____________________________

Attorney for Petitioner


Printed Name: ____________________________
Bar Number: _____________________________

Attorney for Petitioner





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