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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 3. JUVENILE JUSTICE CODE |
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Chapter 51. GENERAL PROVISIONS |
Sec. 51.10. RIGHT TO ASSISTANCE OF ATTORNEY; COMPENSATION
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(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.