Tex. Fam. Code Section 54.012
Remote Conduct of Detention Hearing

(a)

A detention hearing under Section 54.01 (Detention Hearing) may be conducted as a remote proceeding if the parties to the proceeding have the opportunity to cross-examine witnesses. Consent of the parties is not required for the detention hearing to be held in the manner specified by this subsection unless the United States or Texas Constitution requires consent.

(a-1)

A juvenile court may allow or require a party, attorney, witness, court reporter, or any other individual to participate in a detention hearing conducted as a remote proceeding.

(a-2)

The judge of a juvenile court shall submit to the Office of Court Administration of the Texas Judicial System a plan for conducting a detention hearing as a remote proceeding under this section. The plan must:

(1)

include protocols for handling physical evidence; and

(2)

require an unobstructed view of any party or witness who provides testimony from a remote location.

(b)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.

(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.

(e)

In this section, “remote proceeding” means a proceeding in which one or more of the participants, including a judge, party, attorney, witness, court reporter, or other individual, attends the proceeding remotely through the use of technology and the Internet, including through teleconferencing or videoconferencing.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 33, eff. Jan. 1, 1996.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 13, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 1, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 2, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.

Source: Section 54.012 — Remote Conduct of Detention Hearing, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­54.­htm#54.­012 (accessed Apr. 13, 2024).

54.01
Detention Hearing 54.02
Waiver of Jurisdiction and Discretionary Transfer to Criminal Court 54.03
Adjudication Hearing 54.04
Disposition Hearing 54.05
Hearing to Modify Disposition 54.07
Enforcement of Order 54.08
Public Access to Court Hearings 54.09
Recording of Proceedings 54.10
Hearings Before Referee 54.11
Release or Transfer Hearing 54.011
Detention Hearings for Status Offenders and Nonoffenders 54.012
Remote Conduct of Detention Hearing 54.021
Services Provided to Child in Detention Facility Pending Criminal Prosecution 54.031
Hearsay Statement of Certain Abuse Victims 54.032
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Court Program 54.033
Sexually Transmitted Disease, Aids, and Hiv Testing 54.034
Limited Right to Appeal: Warning 54.041
Orders Affecting Parents and Others 54.042
License Suspension 54.043
Monitoring School Attendance 54.044
Community Service 54.045
Admission of Unadjudicated Conduct 54.046
Conditions of Probation for Damaging Property with Graffiti 54.047
Alcohol or Drug Related Offense 54.048
Restitution 54.049
Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse 54.051
Transfer of Determinate Sentence Probation to Appropriate District Court 54.052
Credit for Time Spent in Detention Facility for Child with Determinate Sentence 54.0325
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Dating Violence Court Program 54.0326
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Trafficked Persons Program 54.0401
Community-based Programs 54.0404
Electronic Transmission of Certain Visual Material Depicting Minor: Educational Programs 54.0405
Child Placed on Probation for Conduct Constituting Sexual Offense 54.0406
Child Placed on Probation for Conduct Involving a Handgun 54.0407
Cruelty to Animals: Counseling Required 54.0408
Referral of Child Exiting Probation to Mental Health Authority or Intellectual and Developmental Disability Authority 54.0409
Dna Sample Required on Certain Felony Adjudications 54.0481
Restitution for Damaging Property with Graffiti 54.0482
Treatment of Restitution Payments 54.0491
Gang-related Conduct 54.04012
Trafficked Persons Program 54.04013
Special Commitment to Texas Juvenile Justice Department
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 54.012’s source at texas​.gov