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Click here for the full text of this decision FACTS:Appellant D.L.C., a juvenile, appeals the trial court’s order of adjudication and disposition, which found that D.L.C. had engaged in delinquent conduct, and placed him with the Texas Youth Commission for an indeterminate sentence not to exceed his 21st birthday. D.L.C. filed a notice of appeal on Sept. 23, 2005. By letter, dated Sept. 26, this court notified D.L.C. that the $125 filing fee had not been paid. In response, on October 10, D.L.C. filed with this court appellant’s motion for extension of time to file appeal fee and an affidavit of inability to pay costs. HOLDING:The court abates the appeal and remands the matter to the trial court. Upon remand, the judge of the court shall immediately cause notice to be given of and conduct a hearing to determine whether the juvenile is indigent. Texas Family Code �56.01(b) provides that, generally, the requirements governing a juvenile appeal are as in civil cases. Texas Rule of Appellate Procedure 20.1(c)(1) and (3) requires that an affidavit of indigence be filed in the trial court with or before the notice of appeal, but allows the appellate court to extend the deadline if, within 15 days of the filing of the notice of appeal, the appellant files a motion to extend time that complies with Rule 10.5(b). In a regular appeal, the court would be compelled to find that, because appellant had failed to comply with Rule 20.1(c)(1) and (3), he was not entitled to proceed on appeal without advance payment of costs. However, the Texas Supreme Court has held that Rule 20.1 does not apply to appeals under the Juvenile Justice Code. In the Matter of K.C.A., 36 S.W.3d 501 (Tex. 2000). Rather, the provisions of the Texas Family Code apply and a finding of indigence can be predicated on either a hearing or an affidavit by the child’s parent. The appropriate forum for such a determination is the trial court. In the Matter of L.P., 51 S.W.3d 855, 855 (Tex.App.-Houston [1st Dist.] 2001, no pet.). OPINION:Per curiam; Quinn, C.J., Reavis and Hancock, JJ.

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