Page 49 - Juvenile Practice is not Child's Play

to modify a disposition to a commitment to TJJD, the hearing may not be waived. Any other modification hearing can

be waived. The hearing may also be a means of changing the child’s placement if there is a concern.

The modification can usually only take place if the child has not reached their 18th birthday. TFC § 54.05(a). However,

TFC § 51.0412 allows the court to adjudicate a child past their 18th birthday is the petition is filed before the child
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turned 18 and the state exercised due diligence. This is because all dispositions except TJJD terminate on the child’s
18th birthday. If the child has been discharged by the court or operation of law, then the disposition may not be
modified.

There is no right to a jury on a modification of disposition; however, there is a right to counsel. Parents or guardians
must attend (subject to fines or mandatory counseling). Children have the right to a guardian ad litem if the parents or

guardians are not present. TFC § 51.115. Illegally seized evidence and confessions may not be used in the hearing.
However, hearsay evidence, such as social history reports, may be introduced. The findings required in a disposition
hearing for a court to remove a child from the home are not required in a modification of disposition hearing that
removes a child from the home. In all cases, the court must state its reasoning for the modification. Modifications are

appealable under an abuse of discretion standard. If your client moves to another county, that county cannot modify
the disposition unless the case has been transferred to that jurisdiction and accepted by the juvenile court and your
client is notified of any hearings to modify the disposition. You should make your client aware of this.

Appeal

The Texas Rules of Appellate Procedure and Chapter 56 of the Texas Family Code govern juvenile court appeals.

Appeals can be taken from adjudications (TFC § 54.03), dispositions (TFC § 54.04), modifications of dispositions (TFC
§ 54.05), commitment proceedings (TFC Chapter 55), and transfers to the custody of the Texas Department of Criminal
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Justice, Institutional Division (TFC § 56.01(c)(2)). Appeals cannot be taken from detention hearings. The state does
not have the right to appeal from an adverse judgment in juvenile court except in determinate sentence cases.

Juvenile appeals are considered civil in nature. The timelines for civil appeals apply and the appeal will ultimately go
to the Texas Supreme Court rather than the Court of Criminal Appeals. However, juvenile court appeals are quasi-

criminal, so some constitutional protections relating to criminal law still apply. These protections are interpreted by
the Texas Supreme Court and can sometimes be at odds with the Court of Criminal Appeals, so keep that in mind when
researching your arguments.

48 Overrules N.J.A., 997 S.W.2d (Tex. 1999).
49 In re J.L.D., 704 S.W.2d 939 (Tex. App.—Corpus Christi 1985, no writ).