Child’s attorney is taking position that the State must bring child’s father to motion to modify disposition hearing but he’s in Federal Prison. Both parents are married so neither is a conservator. Texas Family Code Sec. 51.115 states that it is mandatory for parents to attend, but must the State file an APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM?
Look at Section 51.115(b)(1), which allows the court to waive attendance for a person listed in Section 51.115(a), "for good cause shown." It seems to me that the court will have to weigh the delay caused by securing the father's attendance against the juvenile's circumstances (e.g., whether the child is in detention, etc.). It also seems to me that Section 51.115 requires the parents to attend, but does not require the prosecutor to secure their attendance, other than providing reasonable notice.
Not sure exactly what you're trying to get done with the modification--but §54.05(h) states that while a hearing is necessary for placement in a post-adjudication secure correctional facility for a period of longer than 30 days--the child and the child's parent, guardian, guardian ad litem or attorney may waive hearing in accordance with §51.09.
We routinely waive the hearing altogether on modifications that are something other than commitments to TJJD or Post-Adjudication facilities.
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