Texas Family Code - Section 54.01. Detention Hearing
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§ 54.01. DETENTION HEARING. (a) Except as provided by
Subsection (p), if the child is not released under Section 53.02, a
detention hearing without a jury shall be held promptly, but not
later than the second working day after the child is taken into
custody; provided, however, that when a child is detained on a
Friday or Saturday, then such detention hearing shall be held on the
first working day after the child is taken into custody.
(b) Reasonable notice of the detention hearing, either oral
or written, shall be given, stating the time, place, and purpose of
the hearing. Notice shall be given to the child and, if they can be
found, to his parents, guardian, or custodian. Prior to the
commencement of the hearing, the court shall inform the parties of
the child's right to counsel and to appointed counsel if they are
indigent and of the child's right to remain silent with respect to
any allegations of delinquent conduct, conduct indicating a need
for supervision, or conduct that violates an order of probation
imposed by a juvenile court.
(c) At the detention hearing, the court may consider written
reports from probation officers, professional court employees, or
professional consultants in addition to the testimony of witnesses.
Prior to the detention hearing, the court shall provide the
attorney for the child with access to all written matter to be
considered by the court in making the detention decision. The court
may order counsel not to reveal items to the child or his parent,
guardian, or guardian ad litem if such disclosure would materially
harm the treatment and rehabilitation of the child or would
substantially decrease the likelihood of receiving information
from the same or similar sources in the future.
(d) A detention hearing may be held without the presence of
the child's parents if the court has been unable to locate them. If
no parent or guardian is present, the court shall appoint counsel or
a guardian ad litem for the child.
(e) At the conclusion of the hearing, the court shall order
the child released from detention unless it finds that:
(1) he is likely to abscond or be removed from the
jurisdiction of the court;
(2) suitable supervision, care, or protection for him
is not being provided by a parent, guardian, custodian, or other
person;
(3) he has no parent, guardian, custodian, or other
person able to return him to the court when required;
(4) he may be dangerous to himself or may threaten the
safety of the public if released; or
(5) he has previously been found to be a delinquent
child or has previously been convicted of a penal offense
punishable by a term in jail or prison and is likely to commit an
offense if released.
(f) Unless otherwise agreed in the memorandum of
understanding under Section 37.011, Education Code, a release may
be conditioned on requirements reasonably necessary to insure the
child's appearance at later proceedings, but the conditions of the
release must be in writing and a copy furnished to the child. In a
county with a population greater than 125,000, if a child being
released under this section is expelled under Section 37.007,
Education Code, the release shall be conditioned on the child's
attending a juvenile justice alternative education program pending
a deferred prosecution or formal court disposition of the child's
case.
(g) No statement made by the child at the detention hearing
shall be admissible against the child at any other hearing.
(h) A detention order extends to the conclusion of the
disposition hearing, if there is one, but in no event for more than
10 working days. Further detention orders may be made following
subsequent detention hearings. The initial detention hearing may
not be waived but subsequent detention hearings may be waived in
accordance with the requirements of Section 51.09. Each subsequent
detention order shall extend for no more than 10 working days,
except that in a county that does not have a certified juvenile
detention facility, as described by Section 51.12(a)(3), each
subsequent detention order shall extend for no more than 15 working
days.
(i) A child in custody may be detained for as long as 10 days
without the hearing described in Subsection (a) of this section if:
(1) a written request for shelter in detention
facilities pending arrangement of transportation to his place of
residence in another state or country or another county of this
state is voluntarily executed by the child not later than the next
working day after he was taken into custody;
(2) the request for shelter contains:
(A) a statement by the child that he voluntarily
agrees to submit himself to custody and detention for a period of
not longer than 10 days without a detention hearing;
(B) an allegation by the person detaining the
child that the child has left his place of residence in another
state or country or another county of this state, that he is in need
of shelter, and that an effort is being made to arrange
transportation to his place of residence; and
(C) a statement by the person detaining the child
that he has advised the child of his right to demand a detention
hearing under Subsection (a) of this section; and
(3) the request is signed by the juvenile court judge
to evidence his knowledge of the fact that the child is being held
in detention.
(j) The request for shelter may be revoked by the child at
any time, and on such revocation, if further detention is
necessary, a detention hearing shall be held not later than the next
working day in accordance with Subsections (a) through (g) of this
section.
(k) Notwithstanding anything in this title to the contrary,
the child may sign a request for shelter without the concurrence of
an adult specified in Section 51.09 of this code.
(l) The juvenile board may appoint a referee to conduct the
detention hearing. The referee shall be an attorney licensed to
practice law in this state. Such payment or additional payment as
may be warranted for referee services shall be provided from county
funds. Before commencing the detention hearing, the referee shall
inform the parties who have appeared that they are entitled to have
the hearing before the juvenile court judge or a substitute judge
authorized by Section 51.04(f). If a party objects to the referee
conducting the detention hearing, an authorized judge shall conduct
the hearing within 24 hours. At the conclusion of the hearing, the
referee shall transmit written findings and recommendations to the
juvenile court judge or substitute judge. The juvenile court judge
or substitute judge shall adopt, modify, or reject the referee's
recommendations not later than the next working day after the day
that the judge receives the recommendations. Failure to act within
that time results in release of the child by operation of law. A
recommendation that the child be released operates to secure the
child's immediate release, subject to the power of the juvenile
court judge or substitute judge to reject or modify that
recommendation. The effect of an order detaining a child shall be
computed from the time of the hearing before the referee.
(m) The detention hearing required in this section may be
held in the county of the designated place of detention where the
child is being held even though the designated place of detention is
outside the county of residence of the child or the county in which
the alleged delinquent conduct, conduct indicating a need for
supervision, or probation violation occurred.
(n) An attorney appointed by the court under Section
51.10(c) because a determination was made under this section to
detain a child who was not represented by an attorney may request on
behalf of the child and is entitled to a de novo detention hearing
under this section. The attorney must make the request not later
than the 10th working day after the date the attorney is appointed.
The hearing must take place not later than the second working day
after the date the attorney filed a formal request with the court
for a hearing.
(o) The court or referee shall find whether there is
probable cause to believe that a child taken into custody without an
arrest warrant or a directive to apprehend has engaged in
delinquent conduct, conduct indicating a need for supervision, or
conduct that violates an order of probation imposed by a juvenile
court. The court or referee must make the finding within 48 hours,
including weekends and holidays, of the time the child was taken
into custody. The court or referee may make the finding on any
reasonably reliable information without regard to admissibility of
that information under the Texas Rules of Evidence. A finding of
probable cause is required to detain a child after the 48th hour
after the time the child was taken into custody. If a court or
referee finds probable cause, additional findings of probable cause
are not required in the same cause to authorize further detention.
(p) If a child is detained in a county jail or other facility
as provided by Section 51.12(l) and the child is not released under
Section 53.02(f), a detention hearing without a jury shall be held
promptly, but not later than the 24th hour, excluding weekends and
holidays, after the time the child is taken into custody.
(q) If a child has not been released under Section 53.02 or
this section and a petition has not been filed under Section 53.04
or 54.05 concerning the child, the court shall order the child
released from detention not later than:
(1) the 30th working day after the date the initial
detention hearing is held, if the child is alleged to have engaged
in conduct constituting a capital felony, an aggravated controlled
substance felony, or a felony of the first degree; or
(2) the 15th working day after the date the initial
detention hearing is held, if the child is alleged to have engaged
in conduct constituting an offense other than an offense listed in
Subdivision (1) or conduct that violates an order of probation
imposed by a juvenile court.
(q-1) The juvenile board may impose an earlier deadline than
the specified deadlines for filing petitions under Subsection (q)
and may specify the consequences of not filing a petition by the
deadline the juvenile board has established. The juvenile board
may authorize but not require the juvenile court to release a
respondent from detention for failure of the prosecutor to file a
petition by the juvenile board's deadline.
(r) On the conditional release of a child from detention by
judicial order under Subsection (f), the court, referee, or
detention magistrate may order that the child's parent, guardian,
or custodian present in court at the detention hearing engage in
acts or omissions specified by the court, referee, or detention
magistrate that will assist the child in complying with the
conditions of release. The order must be in writing and a copy
furnished to the parent, guardian, or custodian. An order entered
under this subsection may be enforced as provided by Chapter 61.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2156, ch. 693, § 14, 15, eff.
Sept. 1, 1975; Acts 1979, 66th Leg., p. 1102, ch. 518, § 2, eff.
June 11, 1979; Acts 1995, 74th Leg., ch. 262, § 31, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 922, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1015, § 18, eff. June 19, 1997; Acts
1997, 75th Leg., ch. 1086, § 9, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 232, § 4, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1477, § 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 1297, § 20, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1420, § 21.001(30), eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 283, § 14, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 949,
§ 12, eff. Sept. 1, 2005.
Section: 53.035 53.04 53.045 53.05 53.06 53.07 53.08 54.01 54.011 54.012 54.02 54.021 54.03 54.031 54.032
Last modified: August 11, 2007
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