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Section 51.0412 – Jurisdiction Over Incomplete Proceedings

May 14, 2021 | Family Law, Texas

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.

Tex. Fam. Code ยง 51.0412

Amended by Acts 2013, 83rd Leg. – Regular Session, ch. 1299,Sec. 7, eff. 9/1/2013.
Amended By Acts 2011, 82nd Leg., R.S., Ch. 438, Sec. 1, eff. September 1, 2011.
Amended By Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 4, eff. September 1, 2007.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 5, eff. Sept. 1, 2001.