FAMILY CODE
CHAPTER 56. APPEAL
§ 56.01. RIGHT TO APPEAL. (a) 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. A motion for new trial seeking to vacate
an adjudication is timely if the motion is filed not later than the
30th day after the date on which the disposition order is signed.
(c) An appeal may be taken:
(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;
(C) Section 54.05 respecting modification of a
previous juvenile 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
institutional division 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, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 385, § 14, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 680, § 1, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 262, § 48, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, § 15, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 74, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 1477, § 15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1297, § 33, eff. Sept. 1, 2001.
§ 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.
(c) On certificate of the court that a transcription has
been 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, § 1, eff. Sept. 1, 1973.
Amended by Acts 1991, 72nd Leg., ch. 674, § 1, eff. Sept. 1,
1991.
§ 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
(C) the evidence, confession, or admission is of
substantial importance in the case.
(c) The prosecuting attorney may not bring an appeal under
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, § 25, eff. Sept. 1, 2003.
