Texas Family Code - Section 51.10. Right To Assistance Of Attorney; Compensation
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Texas Lawyer > Family Code > Texas Family Code - Section 51.10. Right To Assistance Of Attorney; Compensation
§ 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, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 2, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 11, eff. Jan. 1,
1996; Acts 2001, 77th Leg., ch. 1297, § 8, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, § 4, eff. Sept. 1, 2003.
Section: 51.072 51.073 51.074 51.075 51.08 51.09 51.095 51.10 51.101 51.102 51.11 51.115 51.116 51.12 51.13
Last modified: August 11, 2007
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