APPOINTMENT OF COUNSEL PLAN

(a) The juvenile board in each county shall adopt a plan that: (1) specifies the qualifications necessary for an attorney to be included on an appointment list from which attorneys are appointed to represent children in proceedings under this title; and (2) establishes the procedures for: (A) including attorneys on the appointment list and removing attorneys from the list; and (B) appointing attorneys from the appointment list to individual cases. (b) A plan adopted under Subsection (a) must: (1) to the extent practicable, comply with the requirements of Article 26.04, Code of Criminal Procedure, except that: (A) the income and assets of the child's parent or other person responsible for the child's support must be used in determining whether the child is indigent; and (B) any alternative plan for appointing counsel is established by the juvenile board in the county; and (2) recognize the differences in qualifications and experience necessary for appointments to cases in which: (A) the allegation is: (i) conduct indicating a need for supervision or delinquent conduct, and commitment to the Texas Juvenile Justice Department is not an authorized disposition; or (ii) delinquent conduct, and commitment to the department without a determinate sentence is an authorized disposition; or (B) determinate sentence proceedings have been initiated or proceedings for discretionary transfer to criminal court have been initiated.