CH 51. GENERAL PROVISIONS

Subsection (d) or appoint an attorney according to Subsection (f).
(d)  The court shall order a child's parent or other person responsible for support of the child to employ
an attorney to represent the child, if:
(1)  the child is not represented by an attorney;
(2)  after giving the appropriate parties an opportunity to be heard, the court determines that the parent
or other person responsible for support of the child is financially able to employ an attorney to
represent the child;  and
(3)  the child's right to representation by an attorney:
(A)  has not been waived under Section 51.09 of this code;  or
(B)  may not be waived under Subsection (b) of this section.
(e)  The court may enforce orders under Subsection (d) by proceedings under Section 54.07 or by
appointing counsel and ordering the parent or other person responsible for support of the child to pay a
reasonable attorney's fee set by the court.  The order may be enforced under Section 54.07.
(f)  The court shall appoint an attorney to represent the interest of a child entitled to representation by
an attorney, if:
(1)  the child is not represented by an attorney;
(2)  the court determines that the child's parent or other person responsible for support of the child is
financially unable to employ an attorney to represent the child;  and
(3)  the child's right to representation by an attorney:
(A)  has not been waived under Section 51.09 of this code;  or
(B)  may not be waived under Subsection (b) of this section.
(g)  The juvenile court may appoint an attorney in any case in which it deems representation necessary
to protect the interests of the child.
(h)  Any attorney representing a child in proceedings under this title is entitled to 10 days to prepare for
any adjudication or transfer hearing under this title.
(i)  Except as provided in Subsection (d) of this section, an attorney appointed under this section to
represent the interests of a child shall be paid from the general fund of the county in which the
proceedings were instituted according to the schedule in Article 26.05 of the Texas Code of Criminal
Procedure, 1965.  For this purpose, a bona fide appeal to a court of civil appeals or proceedings on
the merits in the Texas Supreme Court are considered the equivalent of a bona fide appeal to the
Texas Court of Criminal Appeals.
(j)  The juvenile board of a county may make available to the public the list of attorneys eligible for
appointment to represent children in proceedings under this title as provided in the plan adopted
under Section 51.102.  The list of attorneys must indicate the level of case for which each attorney is
eligible for appointment under Section 51.102(b)(2).
(k)  Subject to Chapter 61, the juvenile court may order the parent or other person responsible for
support of the child to reimburse the county for payments the county made to counsel appointed to
represent the child under Subsection (f) or (g).  The court may:
(1)  order payment for each attorney who has represented the child at any hearing, including a
detention hearing, discretionary transfer hearing, adjudication hearing, disposition hearing, or
modification of disposition hearing;
(2)  include amounts paid to or on behalf of the attorney by the county for preparation time and
investigative and expert witness costs;  and
(3)  require full or partial reimbursement to the county.
(l)  The court may not order payments under Subsection (k) that exceed the financial ability of the
parent or other person responsible for support of the child to meet the payment schedule ordered by
the court.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1983, 68th Leg.,
p. 161, ch. 44, art. 1, Sec. 2, eff. April 26, 1983;  Acts 1995, 74th Leg., ch. 262, Sec. 11, eff. Jan. 1,
1996;  Acts 2001, 77th Leg., ch. 1297, Sec. 8, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec.
4, eff. Sept. 1, 2003.
Sec. 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, Sec. 9, eff. Sept. 1, 2001.
Sec. 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.
Sec. 51.11.  GUARDIAN AD LITEM.  (a)  If a child appears before the juvenile court without a parent or
guardian, the court shall appoint a guardian ad litem to protect the interests of the child.  The juvenile
court need not appoint a guardian ad litem if a parent or guardian appears with the child.
(b)  In any case in which it appears to the juvenile court that the child's parent or guardian is incapable
or unwilling to make decisions in the best interest of the child with respect to proceedings under this
title, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings.
(c)  An attorney for a child may also be his guardian ad litem.  A law-enforcement officer, probation
officer, or other employee of the juvenile court may not be appointed guardian ad litem.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Sec. 51.115.  ATTENDANCE AT HEARING:  PARENT OR OTHER GUARDIAN.  (a)  Each parent of a
child, each managing and possessory conservator of a child, each court-appointed custodian of a
child, and a guardian of the person of the child shall attend each hearing affecting the child held
under:
(1)  Section 54.02 (waiver of jurisdiction and discretionary transfer to criminal court);
(2)  Section 54.03 (adjudication hearing);
(3)  Section 54.04 (disposition hearing);
(4)  Section 54.05 (hearing to modify disposition);  and
(5)  Section 54.11 (release or transfer hearing).
(b)  Subsection (a) does not apply to:
(1)  a person for whom, for good cause shown, the court waives attendance;
(2)  a person who is not a resident of this state;  or
(3)  a parent of a child for whom a managing conservator has been appointed and the parent is not a
conservator of the child.
(c)  A person required under this section to attend a hearing is entitled to reasonable written or oral
notice that includes a statement of the place, date, and time of the hearing and that the attendance of
the person is required.  The notice may be included with or attached to any other notice required by
this chapter to be given the person.  Separate notice is not required for a disposition hearing that
convenes on the adjournment of an adjudication hearing.  If a person required under this section fails
to attend a hearing, the juvenile court may proceed with the hearing.
(d)  A person who is required by Subsection (a) to attend a hearing, who receives the notice of the
hearing, and who fails to attend the hearing may be punished by the court for contempt by a fine of
not less than $100 and not more than $1,000.  In addition to or in lieu of contempt, the court may
order the person to receive counseling or to attend an educational course on the duties and
responsibilities of parents and skills and techniques in raising children.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 10, eff. Jan. 1, 1996.
Sec. 51.116.  RIGHT TO REEMPLOYMENT.  (a)  An employer may not terminate the employment of a
permanent employee because the employee is required under Section 51.115 to attend a hearing.
(b)  An employee whose employment is terminated in violation of this section is entitled to return to the
same employment that the employee held when notified of the hearing if the employee, as soon as
practical after the hearing, gives the employer actual notice that the employee intends to return.
(c)  A person who is injured because of a violation of this section is entitled to reinstatement to the
person's former position and to damages, but the damages may not exceed an amount equal to six
months' compensation at the rate at which the person was compensated when required to attend the
hearing.
(d)  The injured person is also entitled to reasonable attorney's fees in an amount approved by the
court.
(e)  It is a defense to an action brought under this section that the employer's circumstances changed
while the employee attended the hearing so that reemploy
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