Texas Family Code - Section 54.10. Hearings Before Referee
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§ 54.10. HEARINGS BEFORE REFEREE.
Text of subsec. (a) effective until date on which Interstate
Compact for Juveniles takes effect.
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under Article
IV, Article V, and Article VI of the Uniform Interstate Compact on
Juveniles (Chapter 60) may be held by a referee appointed in
accordance with Section 51.04(g) or a master appointed under
Chapter 54, Government Code, provided:
(1) the parties have been informed by the referee or
master that they are entitled to have the hearing before the
juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or master.
Text of subsec. (a) effective upon date on which Interstate Compact
for Juveniles takes effect.
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under the
Interstate Compact for Juveniles (Chapter 60) may be held by a
referee appointed in accordance with Section 51.04(g) or a master
appointed under Chapter 54, Government Code, provided:
(1) the parties have been informed by the referee or
master that they are entitled to have the hearing before the
juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or master.
(b) The determination under Section 53.02(f) whether to
release a child may be made by a referee appointed in accordance
with Section 51.04(g) if:
(1) the child has been informed by the referee that the
child is entitled to have the determination made by the juvenile
court judge or a substitute judge authorized by Section 51.04(f);
or
(2) the child and the attorney for the child have in
accordance with Section 51.09 waived the right to have the
determination made by the juvenile court judge or a substitute
judge.
(c) If a child objects to a referee making the determination
under Section 53.02(f), the juvenile court judge or a substitute
judge authorized by Section 51.04(f) shall make the determination.
(d) At the conclusion of the hearing or immediately after
making the determination, the referee shall transmit written
findings and recommendations to the juvenile court judge. The
juvenile court 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 and a
recommendation that the child be released operates to secure the
child's immediate release subject to the power of the juvenile
court judge to modify or reject that recommendation.
(e) The hearings provided by Sections 54.03, 54.04, and
54.05 may not be held before a referee if the grand jury has
approved of the petition and the child is subject to a determinate
sentence.
Added by Acts 1975, 64th Leg., p. 2157, ch. 693, § 19, eff. Sept.
1, 1975. Amended by Acts 1979, 66th Leg., p. 1830, ch. 743, § 2,
eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 385, § 12, eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 74, § 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1086, § 13, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 232, § 5, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1477, § 13, eff. Sept. 1, 1999; Acts 2005,
79th Leg., ch. 1007, § 2.03.
Section: 54.05 54.051 54.06 54.061 54.07 54.08 54.09 54.10 54.11 55.01 55.02 55.03 55.11 55.12 55.13
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Last modified: August 10, 2007
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