CHAPTER 51. GENERAL PROVISIONS
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 51. GENERAL PROVISIONS
Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall be
construed to effectuate the following public purposes:
(1) to provide for the protection of the public and public
safety;
(2) consistent with the protection of the public and public
safety:
(A) to promote the concept of punishment for criminal acts;
(B) to remove, where appropriate, the taint of criminality from
children committing certain unlawful acts; and
(C) to provide treatment, training, and rehabilitation that
emphasizes the accountability and responsibility of both the
parent and the child for the child's conduct;
(3) to provide for the care, the protection, and the wholesome
moral, mental, and physical development of children coming within
its provisions;
(4) to protect the welfare of the community and to control the
commission of unlawful acts by children;
(5) to achieve the foregoing purposes in a family environment
whenever possible, separating the child from the child's parents
only when necessary for the child's welfare or in the interest of
public safety and when a child is removed from the child's
family, to give the child the care that should be provided by
parents; and
(6) to provide a simple judicial procedure through which the
provisions of this title are executed and enforced and in which
the parties are assured a fair hearing and their constitutional
and other legal rights recognized and enforced.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 2, eff. Jan.
1, 1996.
Sec. 51.02. DEFINITIONS. In this title:
(1) "Aggravated controlled substance felony" means an offense
under Subchapter D, Chapter 481, Health and Safety Code, that is
punishable by:
(A) a minimum term of confinement that is longer than the
minimum term of confinement for a felony of the first degree; or
(B) a maximum fine that is greater than the maximum fine for a
felony of the first degree.
(2) "Child" means a person who is:
(A) ten years of age or older and under 17 years of age; or
(B) seventeen years of age or older and under 18 years of age
who is alleged or found to have engaged in delinquent conduct or
conduct indicating a need for supervision as a result of acts
committed before becoming 17 years of age.
(3) "Custodian" means the adult with whom the child resides.
(4) "Guardian" means the person who, under court order, is the
guardian of the person of the child or the public or private
agency with whom the child has been placed by a court.
(5) "Judge" or "juvenile court judge" means the judge of a
juvenile court.
(6) "Juvenile court" means a court designated under Section
51.04 of this code to exercise jurisdiction over proceedings
under this title.
(7) "Law-enforcement officer" means a peace officer as defined
by Article 2.12, Code of Criminal Procedure.
(8) "Nonoffender" means a child who:
(A) is subject to jurisdiction of a court under abuse,
dependency, or neglect statutes under Title 5 for reasons other
than legally prohibited conduct of the child; or
(B) has been taken into custody and is being held solely for
deportation out of the United States.
(8-a) "Nonsecure correctional facility" means a facility, other
than a secure correctional facility, that accepts only juveniles
who are on probation and that is operated by or under contract
with a governmental unit, as defined by Section 101.001, Civil
Practice and Remedies Code.
(9) "Parent" means the mother or the father of a child, but does
not include a parent whose parental rights have been terminated.
(10) "Party" means the state, a child who is the subject of
proceedings under this subtitle, or the child's parent, spouse,
guardian, or guardian ad litem.
(11) "Prosecuting attorney" means the county attorney, district
attorney, or other attorney who regularly serves in a prosecutory
capacity in a juvenile court.
(12) "Referral to juvenile court" means the referral of a child
or a child's case to the office or official, including an intake
officer or probation officer, designated by the juvenile board to
process children within the juvenile justice system.
(13) "Secure correctional facility" means any public or private
residential facility, including an alcohol or other drug
treatment facility, that:
(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in the facility; and
(B) is used for the placement of any juvenile who has been
adjudicated as having committed an offense, any nonoffender, or
any other individual convicted of a criminal offense.
(14) "Secure detention facility" means any public or private
residential facility that:
(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in the facility; and
(B) is used for the temporary placement of any juvenile who is
accused of having committed an offense, any nonoffender, or any
other individual accused of having committed a criminal offense.
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section 51.03(b)(3);
(C) a fineable only offense under Section 51.03(b)(1)
transferred to the juvenile court under Section 51.08(b), but
only if the conduct constituting the offense would not have been
criminal if engaged in by an adult;
(D) failure to attend school under Section 25.094, Education
Code;
(E) a violation of standards of student conduct as described by
Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or order;
(G) a violation of a provision of the Alcoholic Beverage Code
applicable to minors only; or
(H) a violation of any other fineable only offense under Section
8.07(a)(4) or (5), Penal Code, but only if the conduct
constituting the offense would not have been criminal if engaged
in by an adult.
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable under Chapter 729,
Transportation Code, except for conduct for which the person
convicted may be sentenced to imprisonment or confinement in
jail; or
(B) a violation of a motor vehicle traffic ordinance of an
incorporated city or town in this state.
(17) "Valid court order" means a court order entered under
Section 54.04 concerning a child adjudicated to have engaged in
conduct indicating a need for supervision as a status offender.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 2152, ch. 693, Sec. 1,
eff. Sept. 1, 1975; Acts 1995, 74th Leg., ch. 262, Sec. 3, eff.
Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.06, 30.182,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, Sec. 2, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 13, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 41, 47, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.02, eff.
June 14, 2001; Acts 2001, 77th Leg., ch. 1297, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1187, Sec. 4.004, eff. June 19, 2009.
Sec. 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR
SUPERVISION. (a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that violates a penal
law of this state or of the United States punishable by
imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court under
circumstances that would constitute contempt of that court in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or
49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic Beverage
Code, relating to driving under the influence of alcohol by a
minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a traffic
offense, that violates:
(A) the penal laws of this state of the grade of misdemeanor
that are punishable by fine only; or
(B) the penal ordinances of any political subdivision of this
state;
(2) the absence of a child on 10 or more days or parts of days
within a six-month period in the same school year or on three or
more days or parts of days within a four-week period from school;
(3) the voluntary absence of a child from the child's home
without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state law
involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's previously
communicated written standards of student conduct for which the
child has been expelled under Section 37.007(c), Education Code;
or
(6) conduct that violates a reasonable and lawful order of a
court entered under Section 264.305.
(c) Nothing in this title prevents criminal proceedings against
a child for perjury.
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required
to be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show
by a preponderance of the evidence that the absence has been or
should be excused or that the absence was involuntary. A
decision by the court to excuse an absence for purposes of this
subsection does not affect the ability of the school district to
determine whether to excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), "child" does not
include a person who is married, divorced, or widowed.
(f) Except as provided by Subsection (g), conduct described
under Subsection (b)(1) does not constitute conduct indicating a
need for supervision unless the child has been referred to the
juvenile court under Section 51.08(b).
(g) In a county with a population of less than 100,000, conduct
described by Subsection (b)(1)(A) that violates Section 25.094,
Education Code, is conduct indicating a need for supervision.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, Sec. 2
to 4, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340,
Sec. 1, eff. June 6, 1977; Acts 1987, 70th Leg., ch. 511, Sec. 1,
eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 924, Sec. 1, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 955, Sec. 1, eff. June
19, 1987; Acts 1987, 70th Leg., ch. 1040, Sec. 20, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 1099, Sec. 48, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1100, Sec. 3.02, eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1245, Sec. 1, 4, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(35), eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 16, Sec. 7.02, eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 169, Sec. 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 46, Sec. 1, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 76, Sec. 14.30, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 262, Sec. 4, eff. Jan. 1, 1996; Acts 1997,
75th Leg., ch. 165, Sec. 6.07, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1013, Sec. 14, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1015, Sec. 15, eff. June 19, 1997; Acts 1997, 75th
Leg., ch. 1086, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 1297, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1514, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137,
Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
311, Sec. 3, eff. September 1, 2009.
Sec. 51.031. HABITUAL FELONY CONDUCT. (a) Habitual felony
conduct is conduct violating a penal law of the grade of felony,
other than a state jail felony, if:
(1) the child who engaged in the conduct has at least two
previous final adjudications as having engaged in delinquent
conduct violating a penal law of the grade of felony;
(2) the second previous final adjudication is for conduct that
occurred after the date the first previous adjudication became
final; and
(3) all appeals relating to the previous adjudications
considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final if
the child is placed on probation or committed to the Texas Youth
Commission.
(c) An adjudication based on conduct that occurred before
January 1, 1996, may not be considered in a disposition made
under this section.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 5, eff. Jan. 1,
1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 2, eff.
Sept. 1, 1997.
Sec. 51.04. JURISDICTION. (a) This title covers the
proceedings in all cases involving the delinquent conduct or
conduct indicating a need for supervision engaged in by a person
who was a child within the meaning of this title at the time the
person engaged in the conduct, and, except as provided by
Subsection (h), the juvenile court has exclusive original
jurisdiction over proceedings under this title.
(b) In each county, the county's juvenile board shall designate
one or more district, criminal district, domestic relations,
juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c) and (d) of this
section.
(c) If the county court is designated as a juvenile court, at
least one other court shall be designated as the juvenile court.
A county court does not have jurisdiction of a proceeding
involving a petition approved by a grand jury under Section
53.045 of this code.
(d) If the judge of a court designated in Subsection (b) or (c)
of this section is not an attorney licensed in this state, there
shall also be designated an alternate court, the judge of which
is an attorney licensed in this state.
(e) A designation made under Subsection (b) or (c) of this
section may be changed from time to time by the authorized boards
or judges for the convenience of the people and the welfare of
children. However, there must be at all times a juvenile court
designated for each county. It is the intent of the legislature
that in selecting a court to be the juvenile court of each
county, the selection shall be made as far as practicable so that
the court designated as the juvenile court will be one which is
presided over by a judge who has a sympathetic understanding of
the problems of child welfare and that changes in the designation
of juvenile courts be made only when the best interest of the
public requires it.
(f) If the judge of the juvenile court or any alternate judge
named under Subsection (b) or (c) is not in the county or is
otherwise unavailable, any magistrate may make a determination
under Section 53.02(f) or may conduct the detention hearing
provided for in Section 54.01.
(g) The juvenile board may appoint a referee to make
determinations under Section 53.02(f) or to conduct hearings
under this title. The referee shall be an attorney licensed to
practice law in this state and shall comply with Section 54.10.
Payment of any referee services shall be provided from county
funds.
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 25.094, Education Code.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 1357, ch. 514, Sec. 1,
eff. June 19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, Sec.
5 to 7, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch.
411, Sec. 1, eff. June 15, 1977; Acts 1987, 70th Leg., ch. 385,
Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 168, Sec.
4, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 232, Sec. 2,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 3, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 12, eff.
Sept. 1, 2001.
Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court retains
jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 17
years of age if, as a result of an appeal by the person or the
state under Chapter 56 or by the person under Article 44.47, Code
of Criminal Procedure, of an order of the court, the order is
reversed or modified and the case remanded to the court by the
appellate court.
(b) If the respondent is at least 18 years of age when the order
of remand from the appellate court is received by the juvenile
court, the juvenile court shall proceed as provided by Sections
54.02(o)-(r) for the detention of a person at least 18 years of
age in discretionary transfer proceedings. Pending retrial of the
adjudication or transfer proceeding, the juvenile court may:
(1) order the respondent released from custody;
(2) order the respondent detained in a juvenile detention
facility; or
(3) set bond and order the respondent detained in a county adult
facility if bond is not made.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1,
1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 4, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 2, eff. Sept.
1, 2003.
Sec. 51.0411. JURISDICTION FOR TRANSFER OR RELEASE HEARING. The
court retains jurisdiction over a person, without regard to the
age of the person, who is referred to the court under Section
54.11 for transfer to the Texas Department of Criminal Justice or
release under supervision.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 3, eff. June 19,
1997.
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
court retains jurisdiction over a person, without regard to the
age of the person, who is a respondent in an adjudication
proceeding, a disposition proceeding, a proceeding to modify
disposition, or a motion for transfer of determinate sentence
probation to an appropriate district court if:
(1) the petition, motion to modify, or motion for transfer was
filed while the respondent was younger than 18 years of age;
(2) the proceeding is not complete before the respondent becomes
18 years of age; and
(3) the court enters a finding in the proceeding that the
prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 18 years of
age.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 5, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 4, eff. September 1, 2007.
Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
CHILD. (a) A child who objects to the jurisdiction of the court
over the child because of the age of the child must raise the
objection at the adjudication hearing or discretionary transfer
hearing, if any.
(b) A child who does not object as provided by Subsection (a)
waives any right to object to the jurisdiction of the court
because of the age of the child at a later hearing or on appeal.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1,
1996.
Sec. 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision of
this title requires a jury of 12 persons, that provision prevails
over any other law that limits the number of members of a jury in
a particular county court at law. The state and the defense are
entitled to the same number of peremptory challenges allowed in a
district court.
Added by Acts 1987, 70th Leg., ch. 385, Sec. 2, eff. Sept. 1,
1987.
Sec. 51.05. COURT SESSIONS AND FACILITIES. (a) The juvenile
court shall be deemed in session at all times. Suitable quarters
shall be provided by the commissioners court of each county for
the hearing of cases and for the use of the judge, the probation
officer, and other employees of the court.
(b) The juvenile court and the juvenile board shall report
annually to the commissioners court on the suitability of the
quarters and facilities of the juvenile court and may make
recommendations for their improvement.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, Sec. 8,
eff. Sept. 1, 1975.
Sec. 51.06. VENUE. (a) A proceeding under this title shall be
commenced in
(1) the county in which the alleged delinquent conduct or
conduct indicating a need for supervision occurred; or
(2) the county in which the child resides at the time the
petition is filed, but only if:
(A) the child was under probation supervision in that county at
the time of the commission of the delinquent conduct or conduct
indicating a need for supervision;
(B) it cannot be determined in which county the delinquent
conduct or conduct indicating a need for supervision occurred; or
(C) the county in which the child resides agrees to accept the
case for prosecution, in writing, prior to the case being sent to
the county of residence for prosecution.
(b) An application for a writ of habeas corpus brought by or on
behalf of a person who has been committed to an institution under
the jurisdiction of the Texas Youth Commission and which attacks
the validity of the judgment of commitment shall be brought in
the county in which the court that entered the judgment of
commitment is located.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1,
Sec. 1, eff. April 26, 1983; Acts 1995, 74th Leg., ch. 262, Sec.
7, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 488, Sec. 1, eff.
Sept. 1, 1999.
Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION. When a
child has been found to have engaged in delinquent conduct or
conduct indicating a need for supervision under Section 54.03,
the juvenile court may transfer the case and transcripts of
records and documents to the juvenile court of the county where
the child resides for disposition of the case under Section
54.04. Consent by the court of the county where the child
resides is not required.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 3, eff. September 1, 2005.
Sec. 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:
COURTESY SUPERVISION PROHIBITED. Except as provided by Section
51.075, a juvenile court or juvenile probation department may not
engage in the practice of courtesy supervision of a child on
probation.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 4, eff. September 1, 2005.
Sec. 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:
INTERIM SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a child on
probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child under an
inter-county transfer of probation supervision.
(b) When a child on probation moves or intends to move from one
county to another and intends to remain in the receiving county
for at least 60 days, the juvenile probation department of the
sending county shall request that the juvenile probation
department of the receiving county provide interim supervision of
the child. If the receiving county and the sending county are
member counties within a judicial district served by one juvenile
probation department, then a transfer of probation supervision is
not required.
(c) The juvenile probation department of the receiving county
may refuse the request to provide interim supervision only if:
(1) the residence of the child in the receiving county is in a
residential placement facility arranged by the sending county; or
(2) the residence of the child in the receiving county is in a
foster care placement arranged by the Department of Family and
Protective Services.
(d) The juvenile probation department of the sending county
shall initiate the request for interim supervision by electronic
communication to the probation officer designated as the
inter-county transfer officer for the juvenile probation
department of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.
(e) The juvenile probation department of the sending county
shall provide the juvenile probation department of the receiving
county with the following information in the request for interim
supervision initiated under Subsection (d):
(1) the child's name, sex, age, race, and date of birth;
(2) the name, address, date of birth, and social security or
driver's license number, and telephone number, if available, of
the person with whom the child proposes to reside or is residing
in the receiving county;
(3) the offense for which the child is on probation;
(4) the length of the child's probation term;
(5) a brief summary of the child's history of referrals;
(6) a brief statement of any special needs of the child;
(7) the name and telephone number of the child's school in the
receiving county, if available; and
(8) the reason for the child moving or intending to move to the
receiving county.
(f) Not later than 10 business days after a receiving county has
agreed to provide interim supervision of a child, the juvenile
probation department of the sending county shall provide the
juvenile probation department of the receiving county with a copy
of the following documents:
(1) the petition and the adjudication and disposition orders for
the child, including the child's thumbprint;
(2) the child's conditions of probation;
(3) the social history report for the child;
(4) any psychological or psychiatric reports concerning the
child;
(5) the Department of Public Safety CR 43J form or tracking
incident number concerning the child;
(6) any law enforcement incident reports concerning the offense
for which the child is on probation;
(7) any sex offender registration information concerning the
child;
(8) any juvenile probation department progress reports
concerning the child and any other pertinent documentation for
the child's probation officer;
(9) case plans concerning the child;
(10) the Texas Juvenile Probation Commission standard assessment
tool results for the child;
(11) the computerized referral and case history for the child,
including case disposition;
(12) the child's birth certificate;
(13) the child's social security number or social security card,
if available;
(14) the name, address, and telephone number of the contact
person in the sending county's juvenile probation department;
(15) Title IV-E eligibility screening information for the child,
if available;
(16) the address in the sending county for forwarding funds
collected to which the sending county is entitled;
(17) any of the child's school or immunization records that the
juvenile probation department of the sending county possesses;
and
(18) any victim information concerning the case for which the
child is on probation.
(f-1) The inter-county transfer officers in the sending and
receiving counties shall agree on the official start date for the
period of interim supervision, which must begin no later than
three business days after the date the documents required under
Subsection (f) have been received and accepted by the receiving
county.
(g) The juvenile probation department of the receiving county
shall supervise the child under the probation conditions imposed
by the sending county and provide services similar to those
provided to a child placed on probation under the same conditions
in the receiving county. On request of the juvenile probation
department of the receiving county, the juvenile court of the
receiving county may modify the original probation conditions and
impose new conditions using the procedures in Section 54.05. The
juvenile court of the receiving county may not modify a financial
probation condition imposed by the juvenile court of the sending
county or the length of the child's probation term. The juvenile
court of the receiving county shall designate a cause number for
identifying the modification proceedings.
(h) The juvenile court of the sending county may revoke
probation for a violation of a condition imposed by the juvenile
court of the sending county only if the condition has not been
specifically modified or replaced by the juvenile court of the
receiving county. The juvenile court of the receiving county may
revoke probation for a violation of a condition of probation that
the juvenile court of the receiving county has modified or
imposed.
(i) If a child is reasonably believed to have violated a
condition of probation imposed by the juvenile court of the
sending county, the juvenile court of the sending or receiving
county may issue a directive to apprehend or detain the child in
a certified detention facility, as in other cases of probation
violation. In order to respond to a probation violation under
this subsection, the juvenile court of the receiving county may:
(1) modify the conditions of probation or extend the probation
term; or
(2) require that the juvenile probation department of the
sending county resume direct supervision for the child.
(j) On receiving a directive from the juvenile court of the
receiving county under Subsection (i)(2), the juvenile probation
department of the sending county shall arrange for the prompt
transportation of the child back to the sending county at the
expense of the sending county. The juvenile probation department
in the receiving county shall provide the sending county with
supporting written documentation of the incidents of violation of
probation on which the request to resume direct supervision is
based.
(k) The juvenile probation department of the receiving county is
entitled to any probation supervision fees collected from the
child or the child's parent while providing interim supervision
for the child. During the period of interim supervision, the
receiving county shall collect and distribute to the victim
monetary restitution payments in the manner specified by the
sending county. At the expiration of the period of interim
supervision, the receiving county shall collect and distribute
directly to the victim any remaining payments.
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation if the
child's family is financially unable to pay for the program or
placement.
(m) Except as provided by Subsection (n), a period of interim
supervision may not exceed 180 days. Permanent supervision
automatically transfers to the juvenile probation department of
the receiving county after the expiration of the period of
interim supervision. The juvenile probation department of the
receiving county may request permanent supervision from the
juvenile probation department of the sending county at any time
before the 180-day interim supervision period expires. After
signing and entry of an order of transfer of permanent
supervision by the sending county juvenile court, the juvenile
probation department shall, in accordance with Section 51.073(b),
promptly send the permanent supervision order and related
documents to the receiving county.
(m-1) If a child on interim supervision moves to another county
of residence or is otherwise no longer in the receiving county
before the expiration of 180 days, the receiving county shall
direct the sending county to resume supervision of the child.
(n) Notwithstanding Subsection (m), the period of interim
supervision of a child who is placed on probation under Section
54.04(q) does not expire until the child has satisfactorily
completed the greater of either 180 days or one-third of the term
of probation, including one-third of the term of any extension of
the probation term ordered under Section 54.05. Permanent
supervision automatically transfers to the probation department
of the receiving county after the expiration of the period of
interim supervision under this subsection. If the state elects
to initiate transfer proceedings under Section 54.051, the
juvenile court of the sending county may order transfer of the
permanent supervision before the expiration of the period of
interim supervision under this subsection.
(o) At least once every 90 days during the period of interim
supervision, the juvenile probation department of the receiving
county shall provide the juvenile probation department of the
sending county with a progress report of supervision concerning
the child.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 5, eff. September 1, 2007.
Sec. 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:
PERMANENT SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a child on
probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child under an
inter-county transfer of probation supervision.
(b) On transfer of permanent supervision of a child under
Section 51.072(m) or (n), the juvenile court of the sending
county shall order the juvenile probation department of the
sending county to provide the juvenile probation department of
the receiving county with the order of transfer. On receipt of
the order of transfer, the juvenile probation department of the
receiving county shall ensure that the order of transfer, the
petition, the order of adjudication, the order of disposition,
and the conditions of probation are filed with the clerk of the
juvenile court of the receiving county.
(c) The juvenile court of the receiving county shall require
that the child be brought before the court in order to impose new
or different conditions of probation than those originally
ordered by the sending county or ordered by the receiving county
during the period of interim supervision. The child shall be
represented by counsel as provided by Section 51.10.
(d) Once permanent supervision is transferred to the juvenile
probation department of the receiving county, the receiving
county is fully responsible for selecting and imposing conditions
of probation, providing supervision, modifying conditions of
probation, and revoking probation. The sending county has no
further jurisdiction over the child's case.
(d-1) On the final transfer of a case involving a child who has
been adjudicated as having committed an offense for which
registration is required under Chapter 62, Code of Criminal
Procedure, the receiving county shall have jurisdiction to
conduct a hearing under that chapter. This subsection does not
prohibit the receiving county juvenile court from considering the
written recommendations of the sending county juvenile court.
(e) This section does not affect the sending county's
jurisdiction over any new offense committed by the child in the
sending county.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 6, eff. September 1, 2007.
Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:
DEFERRED PROSECUTION. (a) A juvenile court may transfer
interim supervision, but not permanent supervision, to the county
where a child on deferred prosecution resides.
(b) On an extension of a previous order of deferred prosecution
authorized under Section 53.03(j), the child shall remain on
interim supervision for an additional period not to exceed 180
days.
(c) On a violation of the conditions of the original deferred
prosecution agreement, the receiving county shall forward the
case to the sending county for prosecution or other action in the
manner provided by Sections 51.072(i) and (j), except that the
original conditions of deferred prosecution may not be modified
by the receiving county.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 7, eff. September 1, 2007.
Sec. 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING
COUNTIES. (a) If a child who is on probation in one county
spends substantial time in an adjoining county, including
residing, attending school, or working in the adjoining county,
the juvenile probation departments of the two counties may enter
into a collaborative supervision arrangement regarding the child.
(b) Under a collaborative supervision arrangement, the juvenile
probation department of the adjoining county may authorize a
probation officer for the county to provide supervision and other
services for the child as an agent of the juvenile probation
department of the county in which the child was placed on
probation. The probation officer providing supervision and other
services for the child in the adjoining county shall provide the
probation officer supervising the child in the county in which
the child was placed on probation with periodic oral, electronic,
or written reports concerning the child.
(c) The juvenile court of the county in which the child was
placed on probation retains sole authority to modify, amend,
extend, or revoke the child's probation.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 4, eff. September 1, 2005.
Sec. 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the defendant
in a criminal proceeding is a child who is charged with an
offense other than perjury, a traffic offense, a misdemeanor
punishable by fine only, or a violation of a penal ordinance of a
political subdivision, unless the child has been transferred to
criminal court under Section 54.02, the court exercising criminal
jurisdiction shall transfer the case to the juvenile court,
together with a copy of the accusatory pleading and other papers,
documents, and transcripts of testimony relating to the case, and
shall order that the child be taken to the place of detention
designated by the juvenile court, or shall release the child to
the custody of the child's parent, guardian, or custodian, to be
brought before the juvenile court at a time designated by that
court.
(b) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or a violation of a penal
ordinance of a political subdivision other than a traffic
offense:
(1) except as provided by Subsection (d), shall waive its
original jurisdiction and refer the child to juvenile court if
the child has previously been convicted of:
(A) two or more misdemeanors punishable by fine only other than
a traffic offense;
(B) two or more violations of a penal ordinance of a political
subdivision other than a traffic offense; or
(C) one or more of each of the types of misdemeanors described
in Paragraph (A) or (B); and
(2) may waive its original jurisdiction and refer the child to
juvenile court if the child:
(A) has not previously been convicted of a misdemeanor
punishable by fine only other than a traffic offense or a
violation of a penal ordinance of a political subdivision other
than a traffic offense; or
(B) has previously been convicted of fewer than two misdemeanors
punishable by fine only other than a traffic offense or two
violations of a penal ordinance of a political subdivision other
than a traffic offense.
(c) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or a violation of a penal
ordinance of a political subdivision other than a traffic offense
shall notify the juvenile court of the county in which the court
is located of the pending complaint and shall furnish to the
juvenile court a copy of the final disposition of any matter for
which the court does not waive its original jurisdiction under
Subsection (b).
(d) A court that has implemented a juvenile case manager program
under Article 45.056, Code of Criminal Procedure, may, but is not
required to, waive its original jurisdiction under Subsection
(b)(1).
(e) A juvenile court may not refuse to accept the transfer of a
case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile
court.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1987, 70th Leg., ch. 1040, Sec. 21, eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245, Sec. 2, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 169, Sec. 2, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 1297, Sec. 6, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
650, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
311, Sec. 4, eff. September 1, 2009.
Sec. 51.09. WAIVER OF RIGHTS. Unless a contrary intent clearly
appears elsewhere in this title, any right granted to a child by
this title or by the constitution or laws of this state or the
United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney for the
child;
(2) the child and the attorney waiving the right are informed of
and understand the right and the possible consequences of waiving
it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court proceedings that
are recorded.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, Sec. 9,
eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 84, Sec. 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 64, Sec. 1, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 429, Sec. 1, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 557, Sec. 1, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 593, Sec. 1, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 262, Sec. 8, 9, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, Sec. 4, eff. Sept. 1, 1997.
Sec. 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD. (a)
Notwithstanding Section 51.09, the statement of a child is
admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a circumstance
described by Subsection (d) and:
(A) the statement shows that the child has at some time before
the making of the statement received from a magistrate a warning
that:
(i) the child may remain silent and not make any statement at
all and that any statement that the child makes may be used in
evidence against the child;
(ii) the child has the right to have an attorney present to
advise the child either prior to any questioning or during the
questioning;
(iii) if the child is unable to employ an attorney, the child
has the right to have an attorney appointed to counsel with the
child before or during any interviews with peace officers or
attorneys representing the state; and
(iv) the child has the right to terminate the interview at any
time;
(B) and:
(i) the statement must be signed in the presence of a magistrate
by the child with no law enforcement officer or prosecuting
attorney present, except that a magistrate may require a bailiff
or a law enforcement officer if a bailiff is not available to be
present if the magistrate determines that the presence of the
bailiff or law enforcement officer is necessary for the personal
safety of the magistrate or other court personnel, provided that
the bailiff or law enforcement officer may not carry a weapon in
the presence of the child; and
(ii) the magistrate must be fully convinced that the child
understands the nature and contents of the statement and that the
child is signing the same voluntarily, and if a statement is
taken, the magistrate must sign a written statement verifying the
foregoing requisites have been met;
(C) the child knowingly, intelligently, and voluntarily waives
these rights before and during the making of the statement and
signs the statement in the presence of a magistrate; and
(D) the magistrate certifies that the magistrate has examined
the child independent of any law enforcement officer or
prosecuting attorney, except as required to ensure the personal
safety of the magistrate or other court personnel, and has
determined that the child understands the nature and contents of
the statement and has knowingly, intelligently, and voluntarily
waived these rights;
(2) the statement is made orally and the child makes a statement
of facts or circumstances that are found to be true and tend to
establish the child's guilt, such as the finding of secreted or
stolen property, or the instrument with which the child states
the offense was committed;
(3) the statement was res gestae of the delinquent conduct or
the conduct indicating a need for supervision or of the arrest;
(4) the statement is made:
(A) in open court at the child's adjudication hearing;
(B) before a grand jury considering a petition, under Section
53.045, that the child engaged in delinquent conduct; or
(C) at a preliminary hearing concerning the child held in
compliance with this code, other than at a detention hearing
under Section 54.01; or
(5) subject to Subsection (f), the statement is made orally
under a circumstance described by Subsection (d) and the
statement is recorded by an electronic recording device,
including a device that records images, and:
(A) before making the statement, the child is given the warning
described by Subdivision (1)(A) by a magistrate, the warning is a
part of the recording, and the child knowingly, intelligently,
and voluntarily waives each right stated in the warning;
(B) the recording device is capable of making an accurate
recording, the operator of the device is competent to use the
device, the recording is accurate, and the recording has not been
altered;
(C) each voice on the recording is identified; and
(D) not later than the 20th day before the date of the
proceeding, the attorney representing the child is given a
complete and accurate copy of each recording of the child made
under this subdivision.
(b) This section and Section 51.09 do not preclude the admission
of a statement made by the child if:
(1) the statement does not stem from interrogation of the child
under a circumstance described by Subsection (d); or
(2) without regard to whether the statement stems from
interrogation of the child under a circumstance described by
Subsection (d), the statement is voluntary and has a bearing on
the credibility of the child as a witness.
(c) An electronic recording of a child's statement made under
Subsection (a)(5) shall be preserved until all juvenile or
criminal matters relating to any conduct referred to in the
statement are final, including the exhaustion of all appeals, or
barred from prosecution.
(d) Subsections (a)(1) and (a)(5) apply to the statement of a
child made:
(1) while the child is in a detention facility or other place of
confinement;
(2) while the child is in the custody of an officer; or
(3) during or after the interrogation of the child by an officer
if the child is in the possession of the Department of Protective
and Regulatory Services and is suspected to have engaged in
conduct that violates a penal law of this state.
(e) A juvenile law referee or master may perform the duties
imposed on a magistrate under this section without the approval
of the juvenile court if the juvenile board of the county in
which the statement of the child is made has authorized a referee
or master to perform the duties of a magistrate under this
section.
(f) A magistrate who provides the warnings required by
Subsection (a)(5) for a recorded statement may at the time the
warnings are provided request by speaking on the recording that
the officer return the child and the recording to the magistrate
at the conclusion of the process of questioning. The magistrate
may then view the recording with the child or have the child view
the recording to enable the magistrate to determine whether the
child's statements were given voluntarily. The magistrate's
determination of voluntariness shall be reduced to writing and
signed and dated by the magistrate. If a magistrate uses the
procedure described by this subsection, a child's statement is
not admissible unless the magistrate determines that the
statement was given voluntarily.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 4, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 982, Sec. 1, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 1, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 7, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(29), eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
949, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 8, eff. September 1, 2007.
Sec. 51.10. RIGHT TO ASSISTANCE OF ATTORNEY; COMPENSATION. (a)
A child may be represented by an attorney at every stage of
proceedings under this title, including:
(1) the detention hearing required by Section 54.01 of this
code;
(2) the hearing to consider transfer to criminal court required
by Section 54.02 of this code;
(3) the adjudication hearing required by Section 54.03 of this
code;
(4) the disposition hearing required by Section 54.04 of this
code;
(5) the hearing to modify disposition required by Section 54.05
of this code;
(6) hearings required by Chapter 55 of this code;
(7) habeas corpus proceedings challenging the legality of
detention resulting from action under this title; and
(8) proceedings in a court of civil appeals or the Texas Supreme
Court reviewing proceedings under this title.
(b) The child's right to representation by an attorney shall not
be waived in:
(1) a hearing to consider transfer to criminal court as required
by Section 54.02 of this code;
(2) an adjudication hearing as required by Section 54.03 of this
code;
(3) a disposition hearing as required by Section 54.04 of this
code;
(4) a hearing prior to commitment to the Texas Youth Commission
as a modified disposition in accordance with Section 54.05(f) of
this code; or
(5) hearings required by Chapter 55 of this code.
(c) If the child was not represented by an attorney at the
detention hearing required by Section 54.01 of this code and a
determination was made to detain the child, the child shall
immediately be entitled to representation by an attorney. The
court shall order the retention of an attorney according to
Subsection (d) or appoint an attorney according to Subsection
(f).
(d) The court shall order a child's parent or other person
responsible for support of the child to employ an attorney to
represent the child, if:
(1) the child is not represented by an attorney;
(2) after giving the appropriate parties an opportunity to be
heard, the court determines that the parent or other person
responsible for support of the child is financially able to
employ an attorney to represent the child; and
(3) the child's right to representation by an attorney:
(A) has not been waived under Section 51.09 of this code; or
(B) may not be waived under Subsection (b) of this section.
(e) The court may enforce orders under Subsection (d) by
proceedings under Section 54.07 or by appointing counsel and
ordering the parent or other person responsible for support of
the child to pay a reasonable attorney's fee set by the court.
The order may be enforced under Section 54.07.
(f) The court shall appoint an attorney to represent the
interest of a child entitled to representation by an attorney,
if:
(1) the child is not represented by an attorney;
(2) the court determines that the child's parent or other person
responsible for support of the child is financially unable to
employ an attorney to represent the child; and
(3) the child's right to representation by an attorney:
(A) has not been waived under Section 51.09 of this code; or
(B) may not be waived under Subsection (b) of this section.
(g) The juvenile court may appoint an attorney in any case in
which it deems representation necessary to protect the interests
of the child.
(h) Any attorney representing a child in proceedings under this
title is entitled to 10 days to prepare for any adjudication or
transfer hearing under this title.
(i) Except as provided in Subsection (d) of this section, an
attorney appointed under this section to represent the interests
of a child shall be paid from the general fund of the county in
which the proceedings were instituted according to the schedule
in Article 26.05 of the Texas Code of Criminal Procedure, 1965.
For this purpose, a bona fide appeal to a court of civil appeals
or proceedings on the merits in the Texas Supreme Court are
considered the equivalent of a bona fide appeal to the Texas
Court of Criminal Appeals.
(j) The juvenile board of a county may make available to the
public the list of attorneys eligible for appointment to
represent children in proceedings under this title as provided in
the plan adopted under Section 51.102. The list of attorneys must
indicate the level of case for which each attorney is eligible
for appointment under Section 51.102(b)(2).
(k) Subject to Chapter 61, the juvenile court may order the
parent or other person responsible for support of the child to
reimburse the county for payments the county made to counsel
appointed to represent the child under Subsection (f) or (g). The
court may:
(1) order payment for each attorney who has represented the
child at any hearing, including a detention hearing,
discretionary transfer hearing, adjudication hearing, disposition
hearing, or modification of disposition hearing;
(2) include amounts paid to or on behalf of the attorney by the
county for preparation time and investigative and expert witness
costs; and
(3) require full or partial reimbursement to the county.
(l) The court may not order payments under Subsection (k) that
exceed the financial ability of the parent or other person
responsible for support of the child to meet the payment schedule
ordered by the court.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1,
Sec. 2, eff. April 26, 1983; Acts 1995, 74th Leg., ch. 262, Sec.
11, eff. Jan. 1, 1996; Acts 2001, 77th Leg., ch. 1297, Sec. 8,
eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 4, eff.
Sept. 1, 2003.
Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
REPRESENTATION. (a) If an attorney is appointed at the initial
detention hearing and the child is detained, the attorney shall
continue to represent the child until the case is terminated, the
family retains an attorney, or a new attorney is appointed by the
juvenile court. Release of the child from detention does not
terminate the attorney's representation.
(b) If there is an initial detention hearing without an attorney
and the child is detained, the attorney appointed under Section
51.10(c) shall continue to represent the child until the case is
terminated, the family retains an attorney, or a new attorney is
appointed by the juvenile court. Release of the child from
detention does not terminate the attorney's representation.
(c) The juvenile court shall determine, on the filing of a
petition, whether the child's family is indigent if:
(1) the child is released by intake;
(2) the child is released at the initial detention hearing; or
(3) the case was referred to the court without the child in
custody.
(d) A juvenile court that makes a finding of indigence under
Subsection (c) shall appoint an attorney to represent the child
on or before the fifth working day after the date the petition
for adjudication or discretionary transfer hearing was served on
the child. An attorney appointed under this subsection shall
continue to represent the child until the case is terminated, the
family retains an attorney, or a new attorney is appointed by the
juvenile court.
(e) The juvenile court shall determine whether the child's
family is indigent if a motion or petition is filed under Section
54.05 seeking to modify disposition by committing the child to
the Texas Youth Commission or placing the child in a secure
correctional facility. A court that makes a finding of indigence
shall appoint an attorney to represent the child on or before the
fifth working day after the date the petition or motion has been
filed. An attorney appointed under this subsection shall continue
to represent the child until the court rules on the motion or
petition, the family retains an attorney, or a new attorney is
appointed.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 9, eff. Sept. 1,
2001.
Sec. 51.102. APPOINTMENT OF COUNSEL PLAN. (a) The juvenile
board in each county shall adopt a plan that:
(1) specifies the qualifications necessary for an attorney to be
included on an appointment list from which attorneys are
appointed to represent children in proceedings under this title;
and
(2) establishes the procedures for:
(A) including attorneys on the appointment list and removing
attorneys from the list; and
(B) appointing attorneys from the appointment list to individual
cases.
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the requirements of
Article 26.04, Code of Criminal Procedure, except that:
(A) the income and assets of the child's parent or other person
responsible for the child's support must be used in determining
whether the child is indigent; and
(B) any alternative plan for appointing counsel is established
by the juvenile board in the county; and
(2) recognize the differences in qualifications and experience
necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for supervision or delinquent
conduct, and commitment to the Texas Youth Commission is not an
authorized disposition; or
(ii) delinquent conduct, and commitment to the Texas Youth
Commission without a determinate sentence is an authorized
disposition; or
(B) determinate sentence proceedings have been initiated or
proceedings for discretionary tran