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← 242 SW3D 837 - In Re Collins

In Re Collins’s Empirical Analysis

2007

Citation profile

2
cited by 2 later decisions
1
states following
June 2013
most recently cited

2 state decisions

Appellate journey

reviewedthe decision below (from Texas 387th Judicial District Court)

Relationships

Relies on In Re Cerberus Capital Management, L.P. · Eichelberger v. Eichelberger · In Re Southwestern Bell Telephone Co. · Mendoza v. Fidelity & Guaranty Insurance Underwriters, Inc. · Urbish v. 127th Judicial District Court

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “An attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court: (1)shall: (A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview: (i) the child in a developmentally appropriate manner, if the child is four years of age or older; (ii) each person who has significant knowledge of the child’s history and condition, including any foster parent of the child; and (iii) the parties to the suit; (B) seek to elicit in a developmentally appropriate manner the child’s expressed objectives of representation; (C) consider the impact on the child in formulating the attorney’s presentation of the child's expressed objectives of representation to the court; (D) investigate the facts of the case to the extent the attorney considers appropriate; (E) obtain and review copies of relevant records relating to the child as provided by Section 107.006; (F) participate in the conduct of the litigation to the same extent as an attorney for a party; (G) take any action consistent with the child’s interests that the attorney considers necessary to expedite the proceedings; (H) encourage settlement and the use of alternative forms of dispute resolution; and (I) review and sign, or decline to sign, a proposed or agreed order affecting the child; (2) must be trained in child advocacy or have experience determined by the court to be equivalent to that training; and (3)”
    1 later decision quote this exact passage · from the majority
  2. “(a) Subject to any specific limitation in the order of appointment, an amicus attorney shall advocate the best interests of the child after reviewing the facts and circumstances of the case. Notwithstanding Subsection (b), in determining the best interests of the child, an amicus attorney is not bound by the child's expressed objectives of representation. (b) An amicus attorney shall, in a developmentally appropriate manner: (1) with the consent of the child, ensure that the child's expressed objectives of representation are made known to the court; (2) explain the role of the amicus attorney to the child; (3) inform the child that the amicus attorney may use information that the child provides in providing assistance to the court; and (4) become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases. (c) An amicus attorney may not disclose confidential communications between the amicus attorney and the child unless the amicus attorney determines that disclosure is necessary to assist the court regarding the best interests of the child.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.