It is the intent of this plan to comply with Section 51.102 of the Texas Family Code, and with applicable provisions of Article 26.04 of the Texas Code of Criminal Procedure.

The Director of Court Administration for the juvenile court shall serve as the Coordinator and is responsible for
the following:

ØMaintain and update the list of qualified attorneys according to their designated categories;

ØInvestigate and track attorney qualification;

ØManage intake procedures;

ØTrack cases and assignments to avoid duplication;

ØReceive and investigate complaints against appointed attorneys;

ØMaintain the rotation schedule of appointed attorneys;

ØCoordinate with the Office of Court Administration;

Ønsure compliance with the policies and standards of the Texas Indigent Defense Commission;

ØAssist in all reporting requirements and in obtaining grants; and

ØPerform all other duties designated by the Juvenile Board.

 

Sec. 1:  Detention Hearings

A.    The Juvenile Board in cooperation with each law enforcement agency in Travis County shall ensure that policies and procedures are in place to advise supervisory personnel of every law enforcement agency within the county each time a child is taken into custody pursuant to Texas or Federal law. An officer who takes a child into custody must, without unnecessary delay pursuant to Section 52.02, Texas Family Code, either take the child to a juvenile processing office where the child may only be detained for up to six (6) hours and then released, or to the Travis County Juvenile Probation Department.

The child shall be processed by the juvenile probation department's Intake Unit. If the child is not released by Intake to a parent/guardian or custodian, then a detention hearing shall be held 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, as provided in Section 54.01, Texas Family Code.

Prior to the detention hearing, the court shall inform the parents of the child's right to counsel and to appointed counsel if they are indigent. Section 54.01(b), Texas Family Code.

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. Section 54.01(b-1), Texas Family Code. 

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.

B.    When a petition is filed or when a child is detained (whichever event is earlier), the child and the child's parents/guardians will be provided an Application Requesting Appointment of Counsel form for the purpose of determining eligibility for appointment of counsel.

               i.     The form shall be the same as or similar to the form provided for the request of court appointed counsel in the District Courts and County Courts of Travis County.

               ii.     The form shall be completed by the parent/guardian.

               iii.     The completed form shall be delivered to the juvenile probation department within three working days of the date the child is in detention or within ten days of the filing of a petition if the child is not in detention.

               iv.     If a parent/guardian is not available to complete the form, the juvenile probation department shall notify a juvenile court judge for appointment of an attorney without a completed form.

Sec. 2:  Procedures for Determining Eligibility

A.    If the child is brought to the Intake Unit and is: 1) released by Intake, 2) released prior to the initial detention hearing, or 3) detained, the child and the child’s parents/guardians shall be informed of the child’s right to request a court appointed attorney, if eligible. The Statement of Inability of Pay Fees and Application Requesting Appointment of Counsel and Acknowledgement Form shall be provided to the parents/guardians by the Travis County Juvenile Probation Department Detention/Intake officers for the purpose of determining indigence and eligibility for appointment of counsel.

B.    These forms will also notify the child and child’s parents/guardians that if their child is released, these forms must be returned to the Juvenile Court Administration Division within three working days after a petition is filed if they intend to request a court appointed attorney.  Parents will be requested to sign an Acknowledgement Form to confirm receipt of notification of their child’s right to a court appointed attorney and receipt of the necessary forms.

C.      Eligibility for appointment of counsel is determined by the family’s household income and qualifies if:

i.        The household income does not exceed 150% of the Poverty Guidelines as established and revised annually by the U.S. Department of Health and Human Services in the Federal Register; or

ii.       The difference between the family’s monthly net income and reasonable necessary expenditures is less than $500.00; or

iii.      At the time of requesting appointment of counsel, the family has been determined to be eligible to receive Food Stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing; or

iv.      The child is in the temporary or permanent managing conservatorship of the Texas Department of Family and Protective Services.

A family that does not meet any of these determinations of indigence standards may nevertheless be determined eligible for court appointed counsel if the family is otherwise unable to retain private counsel without substantial financial hardship or for other good cause after a finding by the judge.

D.    If eligibility/qualification for a court appointed attorney is denied, the parents/guardians shall retain an attorney immediately.  The parents/guardians shall notify the Juvenile Court Administration Division within three days of the name, address and phone number of their child’s attorney.  If the parents have not retained an attorney by the next hearing, the court may appoint an attorney. 

Sec. 3: Qualifications and Duties of Appointed Counsel

As explained in Section 5 of this Plan, “Attorney Selection Method,” attorneys employed by the Travis County Juvenile Public Defender’s Office will have priority for appointments in juvenile cases. If the appointment of a public defender is not appropriate, the appointment will be made in accordance with the Juvenile Court Attorney Appointment list that implements a system of rotation.

All attorneys licensed to practice law by the Supreme Court of Texas are eligible to apply for inclusion on the Juvenile Court Attorney Appointment list. However, all applicants must meet the general qualifications as well as the minimum experience and continuing legal education requirements for the applicable category level, as set out in this Plan, to be considered for appointment to juvenile cases. Every attorney applying for court appointment to juvenile cases must receive the approval of the Juvenile Board by a majority vote.

A. General Qualifications

1. An attorney must be a licensed practicing attorney and a member in good standing with the State Bar of Texas.

2. An attorney must have on file with the juvenile court a completed application form containing correct and current information.

3. An attorney must have a secretary, receptionist, answering service, or regularly monitored voicemail system. An attorney must have a functioning fax machine and an active email account to receive court appointments and notices regarding any procedural changes. In addition, an attorney must respond promptly to a phone call from the court.

4. In order to be eligible for initial inclusion on the list, an attorney must have attended the live or video presentation of the Travis County Juvenile Court Procedures Seminar.

B. Specific Experience and Continuing Legal Education Requirements

The minimum qualification standards related to experience and continuing legal education (CLE) set forth in this Plan recognize that juvenile cases fall into three progressive levels of complexity: 1) Conduct Indicating a Need for Supervision (CINS) or Delinquent Conduct for which commitment to the Texas Juvenile Justice Department (TJJD) is not an authorized disposition; 2) Delinquent Conduct for which commitment to TJJD without a determinate sentence is an authorized disposition; and 3) cases in which Determinate Sentence or Discretionary Transfer to Criminal Court proceedings have been initiated.

In order to be eligible for initial inclusion on the Juvenile Court Attorney Appointment list and to remain eligible for appointments to Level 1, Level 2, or Level 3 juvenile cases, an attorney must meet the minimum qualifications set by the Juvenile Board as required annually for each category of cases (1 T.A.C. Sections 174.1-174.4):

Level 1: CINS cases or Delinquent Conduct for which commitment to TJJD is not an authorized disposition: Licensed to practice law in Texas and the annual minimum of six hours of CLE credit in juvenile law.

Level 2: Delinquent Conduct for which commitment to TJJD without a Determinate Sentence is an authorized disposition: Licensed to practice law in Texas, two years juvenile or criminal law experience, the annual minimum of six hours of CLE credit in juvenile law, plus four hours of additional CLE credit in juvenile or criminal law.

Level 3: Determinate Sentence or Discretionary Transfer to Criminal Court proceedings have been initiated: Licensed to practice law in Texas, fouryears juvenile or criminal law experience, the annual minimum of six hours of CLE credit in juvenile law, plus nine hours of additional CLE credit in juvenile or criminal law.

All attorneys approved for inclusion on the appointment list must, no later than October 15 of each year, report to Travis County the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Travis County for adult criminal and juvenile delinquency cases for the prior 12 months that begin on October 1 and end on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission.

C. CLE Attestation Form

All attorneys approved for inclusion on the appointment list by the Juvenile Board must file a certificate with juvenile court each year attesting to the completion of the required CLE or continued Texas Board of Legal Specialization certification in Juvenile Law. The reporting period for CLE activity is January 1 to December 31 of each year, to include an automatic grace period until January 31 of the following year in which to complete and report CLE activity for that reporting period. Attorneys should submit their attestation or certification form along with a copy of their CLE record from the State Bar of Texas by January 31 of each year. CLE credit completed within a one (1) year period immediately preceding an attorney’s initial reporting period may be used to meet the CLE requirement for the initial year. Any attorney who has completed the Juvenile Justice Clinic at the University of Texas School of Law within a two (2) year period immediately preceding the attorney’s initial reporting period is deemed to have completed their required six hours of CLE credit in juvenile law for their initial reporting period. Continuing legal education activity completed during any reporting period in excess of the minimum six-hour requirement for such period may be applied to the following period's requirement. The carryover provision applies for one (1) year only. Any attorney who is certified in juvenile law by the Texas Board of Legal Specialization is deemed to have satisfied all CLE requirements for as long as their Board Certification is maintained.

D. Juvenile Court Attorney Appointment List Commitment Form

      All attorneys approved for inclusion on the appointment list by the Juvenile Board must complete a current Juvenile Court Attorney Appointment List Commitment Form. The Coordinator will notify all attorneys already approved for the Juvenile Court Attorney Appointment list of this requirement and request submission of a current Juvenile Court Attorney Appointment List Commitment Form by January 31 of each year. All new attorneys seeking initial inclusion on the list must complete a current Juvenile Court Attorney Appointment List Commitment Form to be submitted with their application. After initially being placed on the list, the attorney must submit an additional signed commitment form each year to remain on the list

E. Duties of Appointed Counsel

Once an attorney is appointed to a juvenile proceeding, the attorney shall:

a) Make every reasonable effort to contact the juvenile not later than the end of the first working day after the date on which the attorney is appointed; and

b) If the juvenile is being held in detention, interview the juvenile before the first detention hearing or within two working days after the attorney is appointed, if appointed after the at the first detention hearing; or

c) If the juvenile is not detained, interview the juvenile prior to the first scheduled court hearing and no later than fifteen working days after the attorney is appointed; and

d) Represent the juvenile until charges are adjudicated or dismissed, the juvenile is acquitted, all appeals are exhausted, or the attorney is relieved of his duties by the court or replaced by other counsel after a finding of good cause is entered on the record.

F. A court may replace with other counsel an attorney who fails to adhere to the immediate contact and interview requirements described above. All complaints made against an appointed attorney shall first be directed to the attention of the judge who heard the case in which the attorney was appointed.

G. New attorney applications for initial inclusion on the list will be presented to the Juvenile Board for consideration at intervals set by the Juvenile Board, at least annually. Upon approval by a majority vote, an attorney will immediately be included on the Juvenile Court Attorney Appointment list.

H. At a meeting held after January 31 of each year, the Coordinator will present the appointment list to the Juvenile Board for review and a determination regarding the continued eligibility and appropriate category level of each attorney. An attorney seeking to be moved to a higher level category on the list shall submit a Status Change Application to the Coordinator no later than January 31.

 

Sec. 4:  Procedures for Timely Appointment of Counsel

A.   Pursuant to Section 54.01(a), Family Code, if a child is not released under Section 53.02, Family Code, 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.    If the child was not represented by an attorney at the detention hearing and a determination was made to detain the child, the child shall immediately be entitled to representation by an attorney. Section 51.10(c), Texas Family Code. 

C.    If a child is not released by the Intake Unit, the Detention/Intake officers will assist in completing the form for the appointment of counsel for eligible juveniles and then deliver the form  to the Juvenile Court Administration Division within 24 hours of the request or at the initial detention hearing.  If appointment of counsel is requested by the juvenile, the form will be completed by the parent/guardian at or before the initial detention hearing.  Within one working day, the Coordinator shall appoint an attorney for an eligible juvenile.

D.    If a child was released at the initial detention hearing, or was released by Intake, or referred to the juvenile court without being taken into custody, and a petition is then filed, the juvenile court, upon making a finding of indigence or good cause, shall appoint an attorney on or before the 5th working day after the date a petition has been served on the child.   The juvenile probation officer shall inform the child and the child's parents/guardians of the right to request a court appointed attorney at the time of service.  The forms to request a court appointed attorney and to determine eligibility, namely the Application Requesting Appointment of Counsel and Acknowledgement Form, shall be provided to the child and/or the child's parents/guardians at that time.  These forms will also notify the child and/or the child's parents/guardians that the forms must be returned to the Juvenile Court Administration Division within three (3) working days if they intend to apply for a court appointed attorney.

E.   If the child is already on probation and a motion to modify is filed that seeks commitment to TJJD, or confinement in a post-adjudication secure correctional facility for more than 30 days, the juvenile court, upon making a finding of indigence, shall appoint an attorney on or before the 5th working day after the date a motion to modify has been filed, provided however, that if the child is detained, an attorney will be appointed prior to the initial detention hearing.  The juvenile probation officer shall inform the child and the child's parents/guardians of the right to request a court appointed attorney at the time of service.  The forms to request a court appointed attorney and to determine eligibility, namely the Application Requesting Appointment of Counsel and Acknowledgement Form, shall be provided to the child and/or the child's parents/guardians at that time.  These forms will also notify the child and child's parent/guardian that the forms must be returned to the Juvenile Court Administration Division within three (3) working days if they intend to apply for a court appointed attorney.

 

 

Sec. 6:  Payment Process for Attorney Fees and Expenses

In consideration of reasonable compensation for court appointed counsel, taking into account necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, the following guidelines shall be used to claim attorney's fees for court appointed counsel in proceedings under Title 3, Family Code, hereinafter referenced as juvenile cases, effective October 1, 2022, pursuant to Article 26.05, Code of Criminal Procedure.

A.    HOURLY RATES

i.   Court appointed counsel will be paid on an hourly rate in juvenile cases until such time as the Juvenile Board may approve a change in the current process to a fixed rate or daily rate fee schedule.

ii.  Court appointed counsel will be compensated for time actually required by an appointment at an hourly rate in accordance with the fee schedule adopted by the Juvenile Board and integrated as attachments to this Plan.  See "Travis County Fee Schedule for Appointed Counsel in Juvenile Cases," the "Policy on Indigent Attorney Fees for Civil, Family and Juvenile Cases," and the "Travis County Fee Guidelines for Appointed Counsel in Civil Cases."

iii.  An itemized statement reflecting the date, service performed and time expended, must be submitted with the Attorney Fee Compensation Claim form.  Claims for payment should reflect time expended to the nearest 1/10th of an hour.

B    EXPENSES

i.   Court appointed counsel shall be compensated for all necessary expenses:  i.e., collect or long distance phone calls, copying expenses, postage, service of citation charges, auto mileage (at IRS rate) outside of Travis County, paralegal or legal assistant fees calculated at the hourly rate provided in the "Travis County Fee Schedule for Appointed Counsel in Juvenile Cases" and the "Policy on Indigent Attorney Fees for Civil, Family and Juvenile Cases." 

ii.  All major expenses, such as investigators or expert witnesses, will require written approval by the court prior to the expense being incurred.

iii. Expenses incurred without prior court approval may not be reimbursed.  Such expenses shall be reimbursed if the Court determines that they are reasonably necessary and reasonably incurred upon presentation of a claim for reimbursement

C.    REQUESTS FOR PAYMENT

i. Court appointed counsel should make every effort to submit requests for payment promptly at the termination of a case. Attorney Fee Compensation Claim forms shall be submitted no later than sixty (60) days from any final order of the court (i.e. finding of not delinquent, disposition, modification) or recessed adjudication order.   ii. Request for payment forms should not include the child's full name, but rather only reference the child's initials to preserve confidentiality.

iii. Requests for payment should reflect time expended to the nearest 1/10th of an hour.

iv. Court appointed counsel must submit a form approved by the Juvenile Board for itemizing the services performed.  This form should be submitted to the appropriate office as designated by the Juvenile Board.  An example of the form is attached to this Plan as the Travis County Juvenile Board Attorney Fee Voucher.

v.  The juvenile court judge will either approve the amount requested or enter written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

vi. No payment shall be made until the form for itemizing the services performed is submitted to the judge presiding over the juvenile proceedings and the judge has approved the payment.

D. APPEAL

An attorney whose request for payment is disapproved is entitled to a copy of the judge's findings for approving an amount different from the requested amount. The attorney may appeal the disapproval by filing a motion with the presiding judge of the Administrative Judicial Region, as provided in Article 26.05(c), Code of Criminal Procedure.

Amendments to the Plan

A.  The plan may be amended by a majority vote of the Travis County Juvenile Board.

 

Travis Juvenile Board Affidavit of Indigence.doc (10/26/2023 12:44:06 PM) view
Travis Juvenile Board Attorney Application for Appointment.doc (10/31/2013 3:02:02 PM) view
Travis Juvenile Board Attorney Certification for CLE Video.doc (11/5/2009 5:12:56 PM) view
Travis Juvenile Board Attorney Fee Schedule.doc (10/30/2023 9:43:41 AM) view
Travis Juvenile Board Attorney Fee Voucher.DOC (9/27/2010 5:09:07 PM) view
Travis Juvenile Board Case Appointment List Commitment Form.doc (10/31/2013 3:01:46 PM) view
Travis Juvenile Board Complaint regarding appointed counsel.doc (11/5/2009 10:22:54 PM) view
Travis Juvenile Board Order for Appointment of Counsel.pdf (10/27/2021 1:01:39 PM) view
Travis Juvenile Board Order for Reduction of Attorney Fees.pdf (10/27/2021 1:02:43 PM) view