Texas Family Code

§ 107.009 — IMMUNITY

FA § 107.009Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part A. GENERAL PROVISIONS · Ch. 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS · Art. A. COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

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(a)A guardian ad litem, a child custody evaluator, or an adoption evaluator appointed under this chapter is not liable for civil damages arising from an action taken, a recommendation made, or an opinion given in the capacity of guardian ad litem, child custody evaluator, or adoption evaluator. (a-1) An attorney ad litem or amicus attorney appointed under this chapter is not liable for civil damages arising from an action taken in the capacity of attorney ad litem or amicus attorney.

(b)Subsections (a) and (a-1) do not apply to an action taken, a recommendation made, or an opinion given:

(1)with conscious indifference or reckless disregard to the safety of another;

(2)in bad faith or with malice; or

(3)that is grossly negligent or wilfully wrongful. Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003. Amended by:

Legislative history

Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 7, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 1, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 5, eff. September 1, 2025.