Tex. Fam. Code Section 51.10
Right to Assistance of Attorney; Compensation


(a)

A child may be represented by an attorney at every stage of proceedings under this title, including:

(1)

the detention hearing required by Section 54.01 (Detention Hearing) of this code;

(2)

the hearing to consider transfer to criminal court required by Section 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court) of this code;

(3)

the adjudication hearing required by Section 54.03 (Adjudication Hearing) of this code;

(4)

the disposition hearing required by Section 54.04 (Disposition Hearing) of this code;

(5)

the hearing to modify disposition required by Section 54.05 (Hearing to Modify Disposition) of this code;

(6)

hearings required by Chapter 55 (Proceedings Concerning Children with Mental Illness or Intellectual Disability) of this code;

(7)

habeas corpus proceedings challenging the legality of detention resulting from action under this title; and

(8)

proceedings in a court of civil appeals or the Texas Supreme Court reviewing proceedings under this title.

(b)

The child’s right to representation by an attorney shall not be waived in:

(1)

a hearing to consider transfer to criminal court as required by Section 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court);

(2)

an adjudication hearing as required by Section 54.03 (Adjudication Hearing);

(3)

a disposition hearing as required by Section 54.04 (Disposition Hearing);

(4)

a hearing prior to commitment to the Texas Juvenile Justice Department as a modified disposition in accordance with Section 54.05 (Hearing to Modify Disposition)(f); or

(5)

hearings required by Chapter 55 (Proceedings Concerning Children with Mental Illness or Intellectual Disability).

(c)

If the child was not represented by an attorney at the detention hearing required by Section 54.01 (Detention Hearing) of this code and a determination was made to detain the child, the child shall immediately be entitled to representation by an attorney. The court shall order the retention of an attorney according to 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 (Waiver of Rights) of this code; or

(B)

may not be waived under Subsection (b) of this section.

(e)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(3), eff. September 1, 2023.

(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 (Waiver of Rights) 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 (Appointment of Counsel Plan). The list of attorneys must indicate the level of case for which each attorney is eligible for appointment under Section 51.102 (Appointment of Counsel Plan)(b)(2).

(k)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(3), eff. September 1, 2023.

(l)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(3), eff. September 1, 2023.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 41, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(3), eff. September 1, 2023.

Source: Section 51.10 — Right to Assistance of Attorney; Compensation, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­51.­htm#51.­10 (accessed Mar. 23, 2024).

51.01
Purpose and Interpretation
51.02
Definitions
51.03
Delinquent Conduct
51.04
Jurisdiction
51.05
Court Sessions and Facilities
51.06
Venue
51.07
Transfer to Another County for Disposition
51.08
Transfer from Criminal Court
51.09
Waiver of Rights
51.10
Right to Assistance of Attorney
51.11
Guardian Ad Litem
51.12
Place and Conditions of Detention
51.13
Effect of Adjudication or Disposition
51.17
Procedure and Evidence
51.18
Election Between Juvenile Court and Alternate Juvenile Court
51.19
Limitation Periods
51.20
Physical or Mental Examination
51.21
Mental Health Screening and Referral
51.031
Habitual Felony Conduct
51.041
Jurisdiction After Appeal
51.042
Objection to Jurisdiction Because of Age of the Child
51.045
Juries in County Courts at Law
51.071
Transfer of Probation Supervision Between Counties: Courtesy Supervision Prohibited
51.072
Transfer of Probation Supervision Between Counties: Interim Supervision
51.073
Transfer of Probation Supervision Between Counties: Permanent Supervision
51.074
Transfer of Probation Supervision Between Counties: Deferred Prosecution
51.075
Collaborative Supervision Between Adjoining Counties
51.095
Admissibility of a Statement of a Child
51.101
Appointment of Attorney and Continuation of Representation
51.102
Appointment of Counsel Plan
51.115
Attendance at Hearing: Parent or Other Guardian
51.116
Right to Reemployment
51.125
Post-adjudication Correctional Facilities
51.126
Nonsecure Correctional Facilities
51.151
Polygraph Examination
51.0411
Jurisdiction for Transfer or Release Hearing
51.0412
Jurisdiction over Incomplete Proceedings
51.0413
Jurisdiction over and Transfer of Combination of Proceedings
51.0414
Discretionary Transfer to Combine Proceedings

Accessed:
Mar. 23, 2024

§ 51.10’s source at texas​.gov