State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Family-code > Title-3-juvenile-justice-code > Chapter-56-appeal

FAMILY CODE

TITLE 3. JUVENILE JUSTICE CODE

CHAPTER 56. APPEAL

Sec. 56.01. RIGHT TO APPEAL. (a) Except as provided by

Subsection (b-1), an appeal from an order of a juvenile court is

to a court of appeals and the case may be carried to the Texas

Supreme Court by writ of error or upon certificate, as in civil

cases generally.

(b) The requirements governing an appeal are as in civil cases

generally. When an appeal is sought by filing a notice of

appeal, security for costs of appeal, or an affidavit of

inability to pay the costs of appeal, and the filing is made in a

timely fashion after the date the disposition order is signed,

the appeal must include the juvenile court adjudication and all

rulings contributing to that adjudication. An appeal of the

adjudication may be sought notwithstanding that the adjudication

order was signed more than 30 days before the date the notice of

appeal, security for costs of appeal, or affidavit of inability

to pay the costs of appeal was filed.

(b-1) A motion for new trial seeking to vacate an adjudication

is:

(1) timely if the motion is filed not later than the 30th day

after the date on which the disposition order is signed; and

(2) governed by Rule 21, Texas Rules of Appellate Procedure.

(1) except as provided by Subsection (n), by or on behalf of a

child from an order entered under:

(A) Section 54.03 with regard to delinquent conduct or conduct

indicating a need for supervision;

(B) Section 54.04 disposing of the case;

court disposition; or

(D) Chapter 55 by a juvenile court committing a child to a

facility for the mentally ill or mentally retarded; or

(2) by a person from an order entered under Section 54.11(i)(2)

transferring the person to the custody of the Texas Department of

Criminal Justice.

(d) A child has the right to:

(1) appeal, as provided by this subchapter;

(2) representation by counsel on appeal; and

(3) appointment of an attorney for the appeal if an attorney

cannot be obtained because of indigency.

(e) On entering an order that is appealable under this section,

the court shall advise the child and the child's parent,

guardian, or guardian ad litem of the child's rights listed under

Subsection (d) of this section.

(f) If the child and his parent, guardian, or guardian ad litem

express a desire to appeal, the attorney who represented the

child before the juvenile court shall file a notice of appeal

with the juvenile court and inform the court whether that

attorney will handle the appeal. Counsel shall be appointed under

the standards provided in Section 51.10 of this code unless the

right to appeal is waived in accordance with Section 51.09 of

this code.

(g) An appeal does not suspend the order of the juvenile court,

nor does it release the child from the custody of that court or

of the person, institution, or agency to whose care the child is

committed, unless the juvenile court so orders. However, the

appellate court may provide for a personal bond.

(h) If the order appealed from takes custody of the child from

his parent, guardian, or custodian, the appeal has precedence

over all other cases.

(i) The appellate court may affirm, reverse, or modify the

judgment or order, including an order of disposition or modified

disposition, from which appeal was taken. It may reverse or

modify an order of disposition or modified order of disposition

while affirming the juvenile court adjudication that the child

engaged in delinquent conduct or conduct indicating a need for

supervision. It may remand an order that it reverses or modifies

for further proceedings by the juvenile court.

(j) Neither the child nor his family shall be identified in an

appellate opinion rendered in an appeal or habeas corpus

proceedings related to juvenile court proceedings under this

title. The appellate opinion shall be styled, "In the matter of

..........," identifying the child by his initials only.

(k) The appellate court shall dismiss an appeal on the state's

motion, supported by affidavit showing that the appellant has

escaped from custody pending the appeal and, to the affiant's

knowledge, has not voluntarily returned to the state's custody on

or before the 10th day after the date of the escape. The court

may not dismiss an appeal, or if the appeal has been dismissed,

shall reinstate the appeal, on the filing of an affidavit of an

officer or other credible person showing that the appellant

voluntarily returned to custody on or before the 10th day after

the date of the escape.

(l) The court may order the child, the child's parent, or other

person responsible for support of the child to pay the child's

costs of appeal, including the costs of representation by an

attorney, unless the court determines the person to be ordered to

pay the costs is indigent.

(m) For purposes of determining indigency of the child under

this section, the court shall consider the assets and income of

the child, the child's parent, and any other person responsible

for the support of the child.

(n) A child who enters a plea or agrees to a stipulation of

evidence in a proceeding held under this title may not appeal an

order of the juvenile court entered under Section 54.03, 54.04,

or 54.05 if the court makes a disposition in accordance with the

agreement between the state and the child regarding the

disposition of the case, unless:

(1) the court gives the child permission to appeal; or

(2) the appeal is based on a matter raised by written motion

filed before the proceeding in which the child entered the plea

or agreed to the stipulation of evidence.

(o) This section does not limit a child's right to obtain a writ

of habeas corpus.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,

1973. Amended by Acts 1987, 70th Leg., ch. 385, Sec. 14, eff.

Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 680, Sec. 1, eff. Sept.

1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 48, eff. Jan. 1,

1996; Acts 1997, 75th Leg., ch. 1086, Sec. 15, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 74, Sec. 2, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 1477, Sec. 15, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 1297, Sec. 33, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.059, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

642, Sec. 2, eff. September 1, 2009.

Sec. 56.02. TRANSCRIPT ON APPEAL. (a) An attorney retained to

represent a child on appeal who desires to have included in the

record on appeal a transcription of notes of the reporter has the

responsibility of obtaining and paying for the transcription and

furnishing it to the clerk in duplicate in time for inclusion in

the record.

(b) The juvenile court shall order the reporter to furnish a

transcription without charge to the attorney if the court finds,

after hearing or on an affidavit filed by the child's parent or

other person responsible for support of the child that the parent

or other responsible person is unable to pay or to give security

therefor.

provided without charge, payment therefor shall be made from the

general funds of the county in which the proceedings appealed

from occurred.

(d) The court reporter shall report any portion of the

proceedings requested by either party or directed by the court

and shall report the proceedings in question and answer form

unless a narrative transcript is requested.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,

1973. Amended by Acts 1991, 72nd Leg., ch. 674, Sec. 1, eff.

Sept. 1, 1991.

Sec. 56.03. APPEAL BY STATE IN CASES OF VIOLENT OR HABITUAL

OFFENDER. (a) In this section, "prosecuting attorney" means the

county attorney, district attorney, or criminal district attorney

who has the primary responsibility of presenting cases in the

juvenile court. The term does not include an assistant

prosecuting attorney.

(b) The state is entitled to appeal an order of a court in a

juvenile case in which the grand jury has approved of the

petition under Section 53.045 if the order:

(1) dismisses a petition or any portion of a petition;

(2) arrests or modifies a judgment;

(3) grants a new trial;

(4) sustains a claim of former jeopardy; or

(5) grants a motion to suppress evidence, a confession, or an

admission and if:

(A) jeopardy has not attached in the case;

(B) the prosecuting attorney certifies to the trial court that

the appeal is not taken for the purpose of delay; and

importance in the case.

Subsection (b) later than the 15th day after the date on which

the order or ruling to be appealed is entered by the court.

(d) The state is entitled to a stay in the proceedings pending

the disposition of an appeal under Subsection (b).

(e) The court of appeals shall give preference in its docket to

an appeal filed under Subsection (b).

(f) The state shall pay all costs of appeal under Subsection

(b), other than the cost of attorney's fees for the respondent.

(g) If the respondent is represented by appointed counsel, the

counsel shall continue to represent the respondent as appointed

counsel on the appeal. If the respondent is not represented by

appointed counsel, the respondent may seek the appointment of

counsel to represent the respondent on appeal. The juvenile court

shall determine whether the parent or other person responsible

for support of the child is financially able to obtain an

attorney to represent the respondent on appeal. If the court

determines that the parent or other person is financially unable

to obtain counsel for the appeal, the court shall appoint counsel

to represent the respondent on appeal.

(h) If the state appeals under this section and the respondent

is not detained, the court shall permit the respondent to remain

at large subject only to the condition that the respondent appear

in court for further proceedings when required by the court. If

the respondent is detained, on the state's filing of notice of

appeal under this section, the respondent is entitled to

immediate release from detention on the allegation that is the

subject of the appeal. The court shall permit the respondent to

remain at large regarding that allegation subject only to the

condition that the respondent appear in court for further

proceedings when required by the court.

(i) The Texas Rules of Appellate Procedure apply to a petition

by the state to the supreme court for review of a decision of a

court of appeals in a juvenile case.

Added by Acts 2003, 78th Leg., ch. 283, Sec. 25, eff. Sept. 1,

2003.