Texas Family Code - Section 56.01. Right To Appeal
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Texas Laws > Family Code > Texas Family Code - Section 56.01. Right To Appeal
Section: 55.55 55.56 55.57 55.58 55.59 55.60 55.61 56.01 56.02 56.03 57.001 57.002 57.003 57.0031 57.004
§ 56.01. RIGHT TO APPEAL. (a) An appeal from an order of
a juvenile court is to a court of appeals and the case may be carried
to the Texas Supreme Court by writ of error or upon certificate, as
in civil cases generally.
(b) The requirements governing an appeal are as in civil
cases generally. When an appeal is sought by filing a notice of
appeal, security for costs of appeal, or an affidavit of inability
to pay the costs of appeal, and the filing is made in a timely
fashion after the date the disposition order is signed, the appeal
must include the juvenile court adjudication and all rulings
contributing to that adjudication. An appeal of the adjudication
may be sought notwithstanding that the adjudication order was
signed more than 30 days before the date the notice of appeal,
security for costs of appeal, or affidavit of inability to pay the
costs of appeal was filed. A motion for new trial seeking to vacate
an adjudication is timely if the motion is filed not later than the
30th day after the date on which the disposition order is signed.
(c) An appeal may be taken:
(1) except as provided by Subsection (n), by or on
behalf of a child from an order entered under:
(A) Section 54.03 with regard to delinquent
conduct or conduct indicating a need for supervision;
(B) Section 54.04 disposing of the case;
(C) Section 54.05 respecting modification of a
previous juvenile court disposition; or
(D) Chapter 55 by a juvenile court committing a
child to a facility for the mentally ill or mentally retarded; or
(2) by a person from an order entered under Section
54.11(i)(2) transferring the person to the custody of the
institutional division of the Texas Department of Criminal Justice.
(d) A child has the right to:
(1) appeal, as provided by this subchapter;
(2) representation by counsel on appeal; and
(3) appointment of an attorney for the appeal if an
attorney cannot be obtained because of indigency.
(e) On entering an order that is appealable under this
section, the court shall advise the child and the child's parent,
guardian, or guardian ad litem of the child's rights listed under
Subsection (d) of this section.
(f) If the child and his parent, guardian, or guardian ad
litem express a desire to appeal, the attorney who represented the
child before the juvenile court shall file a notice of appeal with
the juvenile court and inform the court whether that attorney will
handle the appeal. Counsel shall be appointed under the standards
provided in Section 51.10 of this code unless the right to appeal is
waived in accordance with Section 51.09 of this code.
(g) An appeal does not suspend the order of the juvenile
court, nor does it release the child from the custody of that court
or of the person, institution, or agency to whose care the child is
committed, unless the juvenile court so orders. However, the
appellate court may provide for a personal bond.
(h) If the order appealed from takes custody of the child
from his parent, guardian, or custodian, the appeal has precedence
over all other cases.
(i) The appellate court may affirm, reverse, or modify the
judgment or order, including an order of disposition or modified
disposition, from which appeal was taken. It may reverse or modify
an order of disposition or modified order of disposition while
affirming the juvenile court adjudication that the child engaged in
delinquent conduct or conduct indicating a need for supervision.
It may remand an order that it reverses or modifies for further
proceedings by the juvenile court.
(j) Neither the child nor his family shall be identified in
an appellate opinion rendered in an appeal or habeas corpus
proceedings related to juvenile court proceedings under this title.
The appellate opinion shall be styled, "In the matter of
..........," identifying the child by his initials only.
(k) The appellate court shall dismiss an appeal on the
state's motion, supported by affidavit showing that the appellant
has escaped from custody pending the appeal and, to the affiant's
knowledge, has not voluntarily returned to the state's custody on
or before the 10th day after the date of the escape. The court may
not dismiss an appeal, or if the appeal has been dismissed, shall
reinstate the appeal, on the filing of an affidavit of an officer or
other credible person showing that the appellant voluntarily
returned to custody on or before the 10th day after the date of the
(l) The court may order the child, the child's parent, or
other person responsible for support of the child to pay the child's
costs of appeal, including the costs of representation by an
attorney, unless the court determines the person to be ordered to
pay the costs is indigent.
(m) For purposes of determining indigency of the child under
this section, the court shall consider the assets and income of the
child, the child's parent, and any other person responsible for the
support of the child.
(n) A child who enters a plea or agrees to a stipulation of
evidence in a proceeding held under this title may not appeal an
order of the juvenile court entered under Section 54.03, 54.04, or
54.05 if the court makes a disposition in accordance with the
agreement between the state and the child regarding the disposition
of the case, unless:
(1) the court gives the child permission to appeal; or
(2) the appeal is based on a matter raised by written
motion filed before the proceeding in which the child entered the
plea or agreed to the stipulation of evidence.
(o) This section does not limit a child's right to obtain a
writ of habeas corpus.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 385, § 14, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 680, § 1, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 262, § 48, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, § 15, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 74, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 1477, § 15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1297, § 33, eff. Sept. 1, 2001.
Last modified: August 11, 2007