In re Collins – Case Brief Summary (Texas)

In In re Collins, 242 S.W.3d 837 (Tex. App.--Houston 14th Dist. 2007, orig. proceeding), the appellate court held that Tex. Fam. Code section 107.003(1)(G), which requires the amicus to "take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings," did not authorize an amicus attorney to expedite a SAPCR by using powers not conferred by statute. Id. at 847.

There, the appellate court held that an amicus attorney's powers did not include acting as a child's next friend in other lawsuits, entering into contracts on a child's behalf, or participating in other litigation on the child's behalf. See id. at 846-48; see also Tex. Fam. Code Ann. § 107.003(1)(G).