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Hearsay in Juvenile Detention Hearing

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December 03, 2007, 18:15
Waco
Hearsay in Juvenile Detention Hearing
More conflicting opinions (unfortunately not of the cited caselaw variety).

1. Rules of Evidence now apply to a juvenile judicial proceeding [Fam. 51.17(c) and 54.03], i.e., hearsay is inadmissable.

2. Rules of Evidence only apply in Adjudications, Transfers, etc., and not in a Detention Hearing or Certifications.

3. While 51.17 says R. Evid. are generally applicable to juvenile cases, they do not apply to detention hearings because they do not involve bail and Evid. R. 101(d)(1)(F) seems to provide an additional excpetion to the general applicability in such circumstances.
December 03, 2007, 19:16
david curl
We know for sure that written reports are ok. TFC 54.01(c). The hearing is supposed to be "informal". TFC 53.02(c). Detention hearings need only be recorded if a party requests that it be recorded. TFC 54.09.

As for which part of Rule 101 applies, I wonder if a court might say the detention hearing is akin to a denial of bail hearing. See TFC 54.01(c) (juvenile shall be released unless . . .). If so then, Rule 101(E) would make the rules applicable. I think the "justification for pre-trial detention" Rule 101(F) might apply, in which case the rules wouldn't apply. But isn't that rule more about warrantless arrests? Garcia v. State
775 S.W.2d 879, 881 (Tex.App.-San Antonio 1989).