Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except as provided by Section 56.01(b-1) and except for the burden of proof to be borne by the state in adjudicating a child to be delinquent or in need of supervision under Section 54.03(f) or otherwise when in conflict with a provision of this title, the Texas Rules of Civil Procedure govern proceedings under this title.
(b) Discovery in a proceeding under this title is governed by the Code of Criminal Procedure and by case decisions in criminal cases.
(c) Except as otherwise provided by this title, the Texas Rules of Evidence applicable to criminal cases and Articles 33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in a judicial proceeding under this title.
(d) When on the motion for appointment of an interpreter by a party or on the motion of the juvenile court, in any proceeding under this title, the court determines that the child, the child's parent or guardian, or a witness does not understand and speak English, an interpreter must be sworn to interpret for the person as provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies the court that the child, the child's parent or guardian, or a witness is deaf, the court shall appoint a qualified interpreter to interpret the proceedings in any language, including sign language, that the deaf person can understand, as provided by Article 38.31, Code of Criminal Procedure.
(f) Any requirement under this title that a document contain a person's signature, including the signature of a judge or a clerk of the court, is satisfied if the document contains the signature of the person as captured on an electronic device or as a digital signature. Article 2.26, Code of Criminal Procedure, applies in a proceeding held under this title.
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of Criminal Procedure, relating to the name of an adult defendant in a criminal case, apply to a child in a proceeding held under this title.
(h) Articles 58.001, 58.101, 58.102, 58.103, 58.104, 58.105, and 58.106, Code of Criminal Procedure, relating to the use of a pseudonym by a victim in a criminal case, apply in a proceeding held under this title.
(i) Except as provided by Section 56.03(f), the state is not required to pay any cost or fee otherwise imposed for court proceedings in either the trial or appellate courts.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 14, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1477, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 9, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 642 (H.B. 1688), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 12, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.31, eff. January 1, 2021.
Notes of Decisions
Cited in
234
cases (
20 in the last 5 years), 1975–2026 · leading case:
Gonzales v. State, 67 S.W.3d 910 (Tex. Crim. App. 2002).
Gonzales v. State, 67 S.W.3d 910 (Tex. Crim. App. 2002).
· cites it 4× “Texas Family Code § 51.17, however, provides that "Chapter 38, Code of Criminal Procedure, appl[ies] in a judicial proceeding under this title.”
Pham v. State, 125 S.W.3d 622 (Tex. App.—Houston [1st Dist.] 2003).
· cites it 4× “2 (citing Tex. Fam.Code Ann. § 51.17(c) (Vernon 2002)).”
In re H.Y., 512 S.W.3d 467 (Tex. App.—Houston [1st Dist.] 2016).
“Tex. Fam. Code § 51.17(c). Section 54.02 is part of chapter 54 of the Juvenile Justice Code, entitled “Judicial Proceedings.”
S.D.G. v. State, 936 S.W.2d 371 (Tex. App.—Houston [14th Dist.] 1996).
· cites it 5× “at 793 ; see Tex Fam.Code Ann. § 51.17 (Vernon 1996)(juvenile proceedings still maintained as civil action).”
Mav Jr. v. Webb Cty. Court at Law, 842 S.W.2d 739 (Tex. App.—San Antonio 1992).
· cites it 2× “Tex.Fam.Code Ann. § 51.17 (Vernon 1986). Under the Texas Rules of Civil Procedure, defects in pleadings that are pointed out in writing and brought to the attention of the trial judge before the judgment is signed is not waived.”
In re D.J.C., 312 S.W.3d 704 (Tex. App.—Houston [1st Dist.] 2009).
· cites it 4× “03(f) [governing judicial determinations at adjudication hearings] or otherwise when in conflict with a provision of this title” and because, “[ejxcept as otherwise provided by this title, the Texas Rules of Evidence apply to criminal cases and Articles 33.”
In re E.K.G., 487 S.W.3d 670 (Tex. App.—San Antonio 2016).
“Tex. Fam. Code Ann. § 51.17 (a) (West 2014); id.”
In re R.J.H., 79 S.W.3d 1 (Tex. 2002).
· cites it 2× “Tex Fam.Code § 51.17. . Tex.Code Crim. Proc.”
Matter of B.N.E., 927 S.W.2d 271 (Tex. App.—Houston [1st Dist.] 1996).
· cites it 3× “Under the law applicable to this case, which is the former version of Tex. Fam.Code § 51.17, the Texas Rules of Civil Procedure were the only rules that governed juvenile certification proceedings.”
In re I.F.M., 525 S.W.3d 884 (Tex. App.—Houston [14th Dist.] 2017).
“); see also Tex. Fam. Code § 51.17. The burden of proof at the adjudication hearing is the beyond-a-reasonable-doubt standard applicable to criminal cases.”
Tex. Fam. Code § 51.17(a): 49 cases
In re D.J.C., 312 S.W.3d 704 (Tex. App.—Houston [1st Dist.] 2009).
“03(f) [governing judicial determinations at adjudication hearings] or otherwise when in conflict with a provision of this title” and because, “[ejxcept as otherwise provided by this title, the Texas Rules of Evidence apply to criminal cases and Articles 33.”
In re M.P., 126 S.W.3d 228 (Tex. App.—San Antonio 2003).
In re D.L., 541 S.W.3d 917 (Tex. App.—Houston [14th Dist.] 2018).
In re DJC, 312 S.W.3d 704 (Tex. App.—Houston [1st Dist.] 2009).
Tex. Fam. Code § 51.17(b): 4 cases
In re Jm, 25 S.W.3d 364 (Tex. App.—Fort Worth 2000).
Tex. Fam. Code § 51.17(c): 36 cases
Pham v. State, 125 S.W.3d 622 (Tex. App.—Houston [1st Dist.] 2003).
“2 (citing Tex. Fam.Code Ann. § 51.17(c) (Vernon 2002)).”
In re H.Y., 512 S.W.3d 467 (Tex. App.—Houston [1st Dist.] 2016).
“Tex. Fam. Code § 51.17(c). Section 54.02 is part of chapter 54 of the Juvenile Justice Code, entitled “Judicial Proceedings.”
Tex. Fam. Code § 51.17(e): 2 cases
In re TLV, 148 S.W.3d 437 (Tex. App.—El Paso 2004).
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