Texas Family Code

§ 54.011 — DETENTION HEARINGS FOR STATUS OFFENDERS AND NONOFFENDERS; PENALTY

FA § 54.011Title 3. JUVENILE JUSTICE CODE · Ch. 54. JUDICIAL PROCEEDINGS

Statute text

(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.

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 15, eff. September 1, 2013.