Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, a proceeding for waiver of jurisdiction and transfer to criminal court under Section 54.02(a), or a motion for transfer of determinate sentence probation to an appropriate district court if:
(1) the petition or motion was filed while the respondent was younger than 18 or 19 years of age, as applicable;
(2) the proceeding is not complete before the respondent becomes 18 or 19 years of age, as applicable; and
(3) the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 or 19 years of age, as applicable.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 7, eff. September 1, 2013.
Notes of Decisions
Cited in
34
cases (
8 in the last 5 years), 2004–2025 · leading case:
In re B.R.H., 426 S.W.3d 163 (Tex. App.—Houston [1st Dist.] 2012).
In re B.R.H., 426 S.W.3d 163 (Tex. App.—Houston [1st Dist.] 2012).
· cites it 3× “Tex. Fam.Code Ann. § 51.0412 (West Supp. 2011).”
In re A.M., 577 S.W.3d 653 (Tex. App.—Houston [1st Dist.] 2019).
· cites it 2× “1, 2013 (permitting juvenile court to retain jurisdiction over person if, among other things, person is respondent in adjudication proceeding and proceeding is not complete before respondent turns eighteen, so long as court enters finding that prosecuting attorney exercised due…”
In re R.A., 465 S.W.3d 728 (Tex. App.—Houston [14th Dist.] 2015).
· cites it 3× “See Tex. Family Code Ann. § 51.0412 (West, Westlaw through 2013 3d C.”
Moore v. State, 532 S.W.3d 400 (Tex. Crim. App. 2017).
“See Tex. Fam. Code § 51.0412. Neither party asserts that the exception applies in this case.”
In re R.G., 388 S.W.3d 820 (Tex. App.—Houston [1st Dist.] 2012).
· cites it 2× “See Tex Fam. Code Ann. § 51.0412 (Vernon Supp.”
Morrison v. State, 503 S.W.3d 724 (Tex. App.—Houston [14th Dist.] 2016).
“” Tex. Fam. Code § 51.0412 (added by Acts 2013, 83rd Leg.”
Aarron Jacob Moore v. State, 446 S.W.3d 47 (Tex. App.—Houston [1st Dist.] 2014).
“Tex. Fam.Code Ann. § 51.0412 (West 2014); see also B.”
In re V.A., 140 S.W.3d 858 (Tex. App.—Fort Worth 2004).
· cites it 2× “Texas Family Code section 51.0412 provides as follows: The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, or a proceeding to modify disposition if: (1) the petition…”
In re T.A.W., 234 S.W.3d 704 (Tex. App.—Houston [14th Dist.] 2007).
“Tex. Fam.Code Ann. § 51.0412 (Vernon 2002).”
In the Matter of J.E.R-P v. the State of Texas, No. 04-22-00168-CV (Tex. App.—San Antonio Mar. 15, 2023).
· cites it 7× “See TEX. FAM. CODE ANN. § 51.0412. -2- 04-22-00168-CV The State maintains the juvenile court had jurisdiction to hear and grant the State’s transfer petition pursuant to sections 51.”
In the Matter of M.A.C.S-C. v. the State of Texas, No. 04-23-00139-CV (Tex. App.—San Antonio Feb. 21, 2024).
· cites it 6× “; see TEX. FAM. CODE §§ 51.0412 (authorizing juvenile court to retain jurisdiction over incomplete proceedings once child has turned eighteen in limited circumstances); 54.”
Tex. Fam. Code § 51.0412(1): 1 case
In re B.R.H., 426 S.W.3d 163 (Tex. App.—Houston [1st Dist.] 2012).
“Tex. Fam.Code Ann. § 51.0412 (West Supp. 2011).”
Tex. Fam. Code § 51.0412(3): 3 cases
In the Matter of J.E.R-P v. the State of Texas, No. 04-22-00168-CV (Tex. App.—San Antonio Mar. 15, 2023).
“See TEX. FAM. CODE ANN. § 51.0412. -2- 04-22-00168-CV The State maintains the juvenile court had jurisdiction to hear and grant the State’s transfer petition pursuant to sections 51.”
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