Texas Family Code - Section 51.101. Appointment Of Attorney And Continuation Of Representation

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§ 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, § 9, eff. Sept. 1, 2001.          

Last modified: August 10, 2007