Texas Family Code

§ 54.01 — DETENTION HEARING

FA § 54.01Title 3. JUVENILE JUSTICE CODE · Ch. 54. JUDICIAL PROCEEDINGS

Statute text

(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. (b-1) Unless the court finds that the appointment of counsel is not feasible due to exigent circumstances, the court shall appoint counsel within a reasonable time before the first detention hearing is held to represent the child at that hearing.

(c)At the detention hearing, the court may consider written reports from probation officers, professional court employees, guardians ad litem appointed under Section 51.11(d), 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 the child's 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, subject to the requirements of Subsection (b-1).

(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;

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Legislative history

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 12, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 912 (H.B. 1318), Sec. 4, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 2, eff. September 1, 2021.