Texas § FA.51.10 - RIGHT TO ASSISTANCE OF ATTORNEY

§ FA.51.10. RIGHT TO ASSISTANCE OF ATTORNEY

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 ; (2) an adjudication hearing as required by Section 54.03 ; (3) a disposition hearing as required by Section 54.04 ; (4) a hearing prior to commitment to the Texas Juvenile Justice Department as a modified disposition in accordance with Section 54.05 (f); or (5) hearings required by Chapter 55 . (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 (e) Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612 ), Sec. 27(a)(3), eff. September 1, 2023. (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) Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612 ), Sec. 27(a)(3), eff. September 1, 2023. (l) Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612 ), Sec. 27(a)(3), eff. September 1, 2023. 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549 ), Sec. 41, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612 ), Sec. 27(a)(3), eff. September 1, 2023.