(a) A child may be represented by an attorney at every stage of proceedings under this title, including:
(1) the detention hearing required by § 54.01 of this code;
(2) the hearing to consider transfer to criminal court required by § 54.02 of this code;
(3) the adjudication hearing required by § 54.03 of this code;
(4) the disposition hearing required by § 54.04 of this code;
(5) the hearing to modify disposition required by § 54.05 of this code;
(6) hearings required by Chapter 55 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 § 54.02;
(2) an adjudication hearing as required by § 54.03;
(3) a disposition hearing as required by § 54.04;
(4) a hearing prior to commitment to the Texas Juvenile Justice Department as a modified disposition in accordance with § 54.05(f); or
(5) hearings required by Chapter 55.

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Terms Used In Texas Family Code 51.10

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) If the child was not represented by an attorney at the detention hearing required by § 54.01 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 § 51.09 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 § 51.09 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 § 51.102. The list of attorneys must indicate the level of case for which each attorney is eligible for appointment under § 51.102(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.