in the Interest of N.T. ( 2015 )

Opinion issued November 25, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00970-CV
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IN RE N.T., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, N.T., has filed a petition for a writ of mandamus, challenging an
Order for Detention in a juvenile proceeding.1 In two issues, relator contends that
respondent, the Honorable John Phillips, abused his discretion by signing a void
order for detention without making any of the statutorily required findings to
support detention. See TEX. FAM. CODE ANN. § 54.01(e) (Vernon 2014) (providing
1
The underlying proceeding is In the Matter of N.T., cause number 2015-06245J, in
the 314th District Court of Harris County, the Honorable John Phillips presiding.
child shall be released from detention unless juvenile court finds one of five listed
circumstances supports detention); In re Hall, 286 S.W.3d 925, 929 (Tex. 2009)
(citing TEX. FAM. CODE ANN. § 54.01(e)) (stating, following detention hearing,
court must release child unless it finds one of five listed circumstances supports
detention).
Within the petition, relator asserts that after his counsel requested a record of
the detention hearing, respondent replied, “‘you don’t have a right to a record’”
and no record would be made. The Family Code requires that all juvenile judicial
proceedings be recorded, “except detention hearings.” TEX. FAM. CODE ANN.
§ 54.09 (Vernon 2014); see In re M.R.R., Jr., 2 S.W.3d 319, 327 (Tex. App.—San
Antonio 1999, no pet.). However, “[u]pon request of any party, a detention
hearing shall be recorded.” TEX. FAM. CODE ANN. § 54.09 (emphasis added).
From the petition, we cannot tell whether the trial court conducted an evidentiary
hearing. See id. § 54.01(c) (Vernon 2014) (providing, at detention hearing, court
may consider “written reports from probation officers, professional court
employees, or professional consultants in addition to the testimony of witnesses”).
Nor can we tell whether relator timely and properly requested that the detention
hearing be recorded. See Benjamin v. Benjamin, No. 01-10-01003-CV, 2013 WL
4507848, at *2 (Tex. App.—Houston [1st Dist.] Aug. 22, 2013, no pet.) (mem. op.)
2
(citing Nabelek v. Dist. Attorney of Harris Cnty., 290 S.W.3d 222, 231 (Tex.
App.—Houston [14th Dist.] 2005, pet. denied)).
Conclusion
We deny the petition.
Terry Jennings
Justice
Panel consists of Justices Jennings, Keyes, and Bland.
3