Page 50 - Juvenile Practice is not Child's Play
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If you are appointed as counsel, you may be required to handle the appeal. If you are appointed and your client is
indigent and you are representing them pro bono, your client may be allowed a free record and to proceed without cost.
For your client to qualify, you need to file an affidavit of indigence and an affidavit of free legal services. You should
file these affidavits with the trial court.
If a case is remanded, the juvenile court retains jurisdiction even if the child is over the age of 18. TFC § 51.041
Juvenile Habeas
Children have the right to apply for writs of habeas corpus. TFC § 56.01(o). A writ of habeas corpus in a youth
proceeding is given under the Texas Constitution and not through the Code of Criminal Procedure. Habeas is not
limited by the requirements of the Family Code. For example, you may file a habeas motion for a client even if the client
pled and there were no written motions.
