§ 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 transfer to criminal court have been initiated. Added by Acts 2001, 77th Leg., ch. 906, § 11, eff. Jan. 1, 2002. Renumbered from § 51.101 by Acts 2003, 78th Leg., ch. 1275, § 2(51), eff. Sept. 1, 2003. Renumbered from § 51.101 and amended by Acts 2003, 78th Leg., ch. 283, § 5, eff. Sept. 1, 2003.

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Last modified: August 10, 2007