FAMILY CODE
CHAPTER 54. JUDICIAL PROCEEDINGS

Sec. 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, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts
1975, 64th Leg., p. 2156, ch. 693, Sec. 14, 15, eff. Sept. 1, 1975;  Acts 1979, 66th
Leg., p. 1102, ch. 518, Sec. 2, eff. June 11, 1979;  Acts 1995, 74th Leg., ch. 262,
Sec. 31, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 922, Sec. 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 1015, Sec. 18, eff. June 19, 1997;  Acts 1997, 75th Leg.,
ch. 1086, Sec. 9, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 232, Sec. 4, eff. Sept.
1, 1999;  Acts 1999, 76th Leg., ch. 1477, Sec. 7, eff. Sept. 1, 1999;  Acts 2001, 77th
Leg., ch. 1297, Sec. 20, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec.
21.001(30), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 14, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949, Sec. 12, eff. September 1, 2005.
Sec. 54.011.  DETENTION HEARINGS FOR STATUS OFFENDERS AND
NONOFFENDERS;  PENALTY.  (a)  The detention hearing for a status offender or
nonoffender who has not been released administratively under Section 53.02 shall
be held before the 24th hour after the time the child arrived at a detention facility,
excluding hours of a weekend or a holiday.  Except as otherwise provided by this
section, the judge or referee conducting the detention hearing shall release the
status offender or nonoffender from secure detention.
(b)  The judge or referee may order a child in detention accused of the violation of a
valid court order as defined by Section 51.02 detained not longer than 72 hours
after the time the detention order was entered, excluding weekends and holidays, if:
(1)  the judge or referee finds at the detention hearing that there is probable cause to
believe the child violated the valid court order;  and
(2)  the detention of the child is justified under Section 54.01(e)(1), (2), or (3).
(c)  Except as provided by Subsection (d), a detention order entered under
Subsection (b) may be extended for one additional 72-hour period, excluding
weekends and holidays, only on a finding of good cause by the juvenile court.
(d)  A detention order for a child under this section may be extended on the demand
of the child's attorney only to allow the time that is necessary to comply with the
requirements of Section 51.10(h), entitling the attorney to 10 days to prepare for an
adjudication hearing.
(e)  A status offender may be detained for a necessary period, not to exceed five days,
to enable the child's return to the child's home in another state under Chapter 60.
(f)  Except as provided by Subsection (a), a nonoffender, including a person who has
been taken into custody and is being held solely for deportation out of the United
States, may not be detained for any period of time in a secure detention facility or
secure correctional facility, regardless of whether the facility is publicly or
privately operated.  A nonoffender who is detained in violation of this subsection is
entitled to immediate release from the facility and may bring a civil action for
compensation for the illegal detention against any person responsible for the
detention.  A person commits an offense if the person knowingly detains or assists in
detaining a nonoffender in a secure detention facility or secure correctional facility
in violation of this subsection.  An offense under this subsection is a Class B
misdemeanor.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 32, eff. Jan. 1, 1996.  Amended by
Acts 1997, 75th Leg., ch. 1374, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch.
283, Sec. 15, 16, eff. Sept. 1, 2003.
Sec. 54.012.  INTERACTIVE VIDEO RECORDING OF DETENTION HEARING.  (a)  A
detention hearing under Section 54.01 may be held using interactive video
equipment if:
(1)  the child and the child's attorney agree to the video hearing; and
(2)  the parties to the proceeding have the opportunity to cross-examine witnesses.
(b)  A detention hearing may not be held using video equipment unless the video
equipment for the hearing provides for a two-way communication of image and
sound among the child, the court, and other parties at the hearing.
(c)  A recording of the communications shall be made.  The recording shall be
preserved until the earlier of:
(1)  the 91st day after the date on which the recording is made if the child is alleged
to have engaged in conduct constituting a misdemeanor;
(2)  the 120th day after the date on which the recording is made if the child is
alleged to have engaged in conduct constituting a felony;  or
(3)  the date on which the adjudication hearing ends.
(d)  An attorney for the child may obtain a copy of the recording on payment of the
reasonable costs of reproducing the copy.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 33, eff. Jan. 1, 1996.
Amended by:
Acts 2005, 79th Leg., Ch. 949, Sec. 13, eff. September 1, 2005.
Sec. 54.02.  WAIVER OF JURISDICTION AND DISCRETIONARY TRANSFER TO
CRIMINAL COURT.  (a)  The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the appropriate district court or criminal district
court for criminal proceedings if:
(1)  the child is alleged to have violated a penal law of the grade of felony;
(2)  the child was:
(A)  14 years of age or older at the time he is alleged to have committed the offense,
if the offense is a capital felony, an aggravated controlled substance felony, or a
felony of the first degree, and no adjudication hearing has been conducted
concerning that offense;  or
(B)  15 years of age or older at the time the child is alleged to have committed the
offense, if the offense is a felony of the second or third degree or a state jail felony,
and no adjudication hearing has been conducted concerning that offense;  and
(3)  after a full investigation and a hearing, the juvenile court determines that
there is probable cause to believe that the child before the court committed the
offense alleged and that because of the seriousness of the offense alleged or the
background of the child the welfare of the community requires criminal proceedings.
(b)  The petition and notice requirements of Sections 53.04, 53.05, 53.06, and
53.07 of this code must be satisfied, and the summons must state that the hearing is
for the purpose of considering discretionary transfer to criminal court.
(c)  The juvenile court shall conduct a hearing without a jury to consider transfer of
the child for criminal proceedings.
(d)  Prior to the hearing, the juvenile court shall order and obtain a complete
diagnostic study, social evaluation, and full investigation of the child, his
circumstances, and the circumstances of the alleged offense.
(e)  At the transfer hearing the court may consider written reports from probation
officers, professional court employees, or professional consultants in addition to the
testimony of witnesses.  At least one day prior to the transfer 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 transfer 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
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