reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.051. Motion for Enforcement

Sec. 61.051.  MOTION FOR ENFORCEMENT.  (a)  A party initiates enforcement of a juvenile court order by filing a written motion.  In ordinary and concise language, the motion must:
(1)  identify the provision of the order allegedly violated and sought to be enforced;
(2)  state specifically and factually the manner of the person's alleged noncompliance;
(3)  state the relief requested;  and
(4)  contain the signature of the party filing the motion.
(b)  The movant must allege in the same motion for enforcement each violation by the person of the juvenile court orders described by Section 61.002(a) that the movant had a reasonable basis for believing the person was violating when the motion was filed.
(c)  The juvenile court retains jurisdiction to enter a contempt order if the motion for enforcement is filed not later than six months after the child's 18th birthday.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.052. Notice and Appearance

Sec. 61.052.  NOTICE AND APPEARANCE.  (a)  On the filing of a motion for enforcement, the court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion.
(b)  The notice must be given by personal service or by certified mail, return receipt requested, on or before the 10th day before the date of the hearing on the motion.  The notice must include a copy of the motion for enforcement.  Personal service must comply with the Code of Criminal Procedure.
(c)  If a person moves to strike or specially excepts to the motion for enforcement, the court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement.  If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.
(d)  If a person who has been personally served with notice to appear at the hearing does not appear, the juvenile court may not hold the person in contempt, but may issue a capias for the arrest of the person.  The court shall set and enforce bond as provided by Subchapter C, Chapter 157.  If a person served by certified mail, return receipt requested, with notice to appear at the hearing does not appear, the juvenile court may require immediate personal service of notice.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.053. Attorney for the Person

Sec. 61.053.  ATTORNEY FOR THE PERSON.  (a)  In a proceeding on a motion for enforcement where incarceration is a possible punishment against a person who is not represented by an attorney, the court shall inform the person of the right to be represented by an attorney and, if the person is indigent, of the right to the appointment of an attorney.
(b)  If the person claims indigency and requests the appointment of an attorney, the juvenile court may require the person to file an affidavit of indigency.  The court may hear evidence to determine the issue of indigency.
(c)  The court shall appoint an attorney to represent the person if the court determines that the person is indigent.
(d)  The court shall allow an appointed or retained attorney at least 10 days after the date of the attorney's appointment or retention to respond to the movant's pleadings and to prepare for the hearing.  The attorney may waive the preparation time or agree to a shorter period for preparation.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.054. Compensation of Appointed Attorney

Sec. 61.054.  COMPENSATION OF APPOINTED ATTORNEY.  (a)  An attorney appointed to represent an indigent person is entitled to a reasonable fee for services to be paid from the general fund of the county according to the schedule for compensation adopted by the county juvenile board.  The attorney must meet the qualifications required of attorneys for appointment to Class B misdemeanor cases in juvenile court.
(b)  For purposes of compensation, a proceeding in the supreme court is the equivalent of a proceeding in the court of criminal appeals.
(c)  The juvenile court may order the parent or other eligible person for whom it has appointed counsel to reimburse the county for the fees the county pays to appointed counsel.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.055. Conduct of Enforcement Hearing

Sec. 61.055.  CONDUCT OF ENFORCEMENT HEARING.  (a)  The juvenile court shall require that the enforcement hearing be recorded as provided by Section 54.09.
(b)  The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable and lawful court order as alleged in the motion for enforcement.
(c)  The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself.
(d)  The juvenile court shall conduct the enforcement hearing without a jury.
(e)  The juvenile court shall include in its judgment findings as to each violation alleged in the motion for enforcement and the punishment, if any, to be imposed.
(f)  If the person against whom enforcement is sought was not represented by counsel during any previous court proceeding involving a motion for enforcement, the person may through counsel raise any defense or affirmative defense to the proceeding that could have been lodged in the previous court proceeding but was not because the person was not represented by counsel.
(g)  It is an affirmative defense to enforcement of a juvenile court order that the juvenile court did not provide the parent or other eligible person with due process of law in the proceeding in which the court entered the order.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.056. Affirmative Defense of Inability to Pay

Sec. 61.056.  AFFIRMATIVE DEFENSE OF INABILITY TO PAY.  (a)  In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, it is an affirmative defense that the person was financially unable to pay.
(b)  The burden of proof to establish the affirmative defense of inability to pay is on the person asserting it.
(c)  In order to prevail on the affirmative defense of inability to pay, the person asserting it must show that the person could not have reasonably paid the court-ordered obligation after the person discharged the person's other important financial obligations, including payments for housing, food, utilities, necessary clothing, education, and preexisting debts.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter B. Enforcement of Order Against Parent or Other Eligible Person › Section 61.057. Punishment for Contempt

Sec. 61.057.  PUNISHMENT FOR CONTEMPT.  (a)  On a finding of contempt, the juvenile court may commit the person to the county jail for a term not to exceed six months or may impose a fine in an amount not to exceed $500, or both.
(b)  The court may impose only a single jail sentence not to exceed six months or a single fine not to exceed $500, or both, during an enforcement proceeding, without regard to whether the court has entered multiple findings of contempt.
(c)  On a finding of contempt in an enforcement proceeding, the juvenile court may, instead of issuing a commitment to jail, enter an order requiring the person's future conduct to comply with the court's previous orders.
(d)  Violation of an order entered under Subsection (c) may be the basis of a new enforcement proceeding.
(e)  The juvenile court may assign a juvenile probation officer to assist a person in complying with a court order issued under Subsection (c).
(f)  A juvenile court may reduce a term of incarceration or reduce payment of all or part of a fine at any time before the sentence is fully served or the fine fully paid.
(g)  A juvenile court may reduce the burden of complying with a court order issued under Subsection (c) at any time before the order is fully satisfied, but may not increase the burden except following a new finding of contempt in a new enforcement proceeding.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.101. Definition

Sec. 61.101.  DEFINITION.  In this subchapter, "parent" includes the guardian or custodian of a child.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.102. Right to Be Informed of Proceeding

Sec. 61.102.  RIGHT TO BE INFORMED OF PROCEEDING.  (a)  The parent of a child referred to a juvenile court is entitled as soon as practicable after the referral to be informed by staff designated by the juvenile board, based on the information accompanying the referral to the juvenile court, of:
(1)  the date and time of the offense;
(2)  the date and time the child was taken into custody;
(3)  the name of the offense and its penal category;
(4)  the type of weapon, if any, that was used;
(5)  the type of property taken or damaged and the extent of damage, if any;
(6)  the physical injuries, if any, to the victim of the offense;
(7)  whether there is reason to believe that the offense was gang-related;
(8)  whether there is reason to believe that the offense was related to consumption of alcohol or use of an illegal controlled substance;
(9)  if the child was taken into custody with adults or other juveniles, the names of those persons;
(10)  the aspects of the juvenile court process that apply to the child;
(11)  if the child is in detention, the visitation policy of the detention facility that applies to the child;
(12)  the child's right to be represented by an attorney and the local standards and procedures for determining whether the parent qualifies for appointment of counsel to represent the child;  and
(13)  the methods by which the parent can assist the child with the legal process.
(b)  If the child was released on field release citation, or from the law enforcement station by the police, by intake, or by the judge or associate judge at the initial detention hearing, the information required by Subsection (a) may be communicated to the parent in person, by telephone, or in writing.
(c)  If the child is not released before or at the initial detention hearing, the information required by Subsection (a) shall be communicated in person to the parent unless that is not feasible, in which event it may be communicated by telephone or in writing.
(d)  Information disclosed to a parent under Subsection (a) is not admissible in a judicial proceeding under this title as substantive evidence or as evidence to impeach the testimony of a witness for the state.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.103. Right of Access to Child

Sec. 61.103.  RIGHT OF ACCESS TO CHILD.  (a)  The parent of a child taken into custody for delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court has the right to communicate in person privately with the child for reasonable periods of time while the child is in:
(1)  a juvenile processing office;
(2)  a secure detention facility;
(3)  a secure correctional facility;
(4)  a court-ordered placement facility; or
(5)  the custody of the Texas Juvenile Justice Department.
(b)  The time, place, and conditions of the private, in-person communication may be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 76, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.104. Parental Written Statement

Sec. 61.104.  PARENTAL WRITTEN STATEMENT.  (a)  When a petition for adjudication, a motion or petition to modify disposition, or a motion or petition for discretionary transfer to criminal court is served on a parent of the child, the parent must be provided with a form prescribed by the Texas Juvenile Justice Department on which the parent can make a written statement about the needs of the child or family or any other matter relevant to disposition of the case.
(b)  The parent shall return the statement to the juvenile probation department, which shall transmit the statement to the court along with the discretionary transfer report authorized by Section 54.02(e), the disposition report authorized by Section 54.04(b), or the modification of disposition report authorized by Section 54.05(e), as applicable.  The statement shall be disclosed to the parties as appropriate and may be considered by the court at the disposition, modification, or discretionary transfer hearing.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 77, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.105. Parental Oral Statement

Sec. 61.105.  PARENTAL ORAL STATEMENT.  (a)  After all the evidence has been received but before the arguments of counsel at a hearing for discretionary transfer to criminal court, a disposition hearing without a jury, or a modification of disposition hearing, the court shall give a parent who is present in court a reasonable opportunity to address the court about the needs or strengths of the child or family or any other matter relevant to disposition of the case.
(b)  The parent may not be required to make the statement under oath and may not be subject to cross-examination, but the court may seek clarification or expansion of the statement from the person giving the statement.
(c)  The court may consider and act on the statement as the court considers appropriate.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.106. Appeal or Collateral Challenge

Sec. 61.106.  APPEAL OR COLLATERAL CHALLENGE.  The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for:
(1)  appeal;
(2)  an application for a post-adjudication writ of habeas corpus;  or
(3)  exclusion of evidence against the child in any proceeding or forum.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter C. Rights of Parents › Section 61.107. Liability

Sec. 61.107.  LIABILITY.  The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by the court, an employee of a juvenile probation department, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed in this chapter.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 78, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.001. Scope and Purpose

Sec. 65.001.  SCOPE AND PURPOSE.  (a)  This chapter details the procedures and proceedings in cases involving allegations of truant conduct.
(b)  The purpose of this chapter is to encourage school attendance by creating simple civil judicial procedures through which children are held accountable for excessive school absences.
(c)  The best interest of the child is the primary consideration in adjudicating truant conduct of the child.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.002. Definitions

Sec. 65.002.  DEFINITIONS.  In this chapter:
(1)  "Child" means a person who is 12 years of age or older and younger than 19 years of age.
(2)  "Juvenile court" means a court designated under Section 51.04 to exercise jurisdiction over proceedings under Title 3.
(3)  "Qualified telephone interpreter" means a telephone service that employs licensed court interpreters, as defined by Section 157.001, Government Code.
(4)  "Truancy court" means a court designated under Section 65.004 to exercise jurisdiction over cases involving allegations of truant conduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.003. Truant Conduct

Sec. 65.003.  TRUANT CONDUCT.  (a)  A child engages in truant conduct if the child is required to attend school under Section 25.085, Education Code, and fails to attend school on 10 or more days or parts of days within a six-month period in the same school year.
(b)  Truant conduct may be prosecuted only as a civil case in a truancy court.
(c)  It is an affirmative defense to an allegation of truant conduct that one or more of the absences required to be proven:
(1)  have been excused by a school official or by the court;
(2)  were involuntary; or
(3)  were due to the child's voluntary absence from the child's home because of abuse, as defined by Section 261.001.
(d)  The affirmative defense provided by Subsection (c) is not available if, after deducting the absences described by that subsection, there remains a sufficient number of absences to constitute truant conduct.
(e)  In asserting an affirmative defense described by Subsection (c), the burden is on the child to show by a preponderance of the evidence that the absence:
(1)  has been or should be excused;
(2)  was involuntary; or
(3)  was due to the child's voluntary absence from the child's home because of abuse, as defined by Section 261.001.
(f)  A decision by the court to excuse an absence for purposes of an affirmative defense under Subsection (c) does not affect the ability of the school district to determine whether to excuse the absence for another purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 272 (H.B. 3165), Sec. 1, eff. June 4, 2021.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.004. Truancy Courts; Jurisdiction

Sec. 65.004.  TRUANCY COURTS; JURISDICTION.  (a)  The following are designated as truancy courts:
(1)  in a county with a population of 2.1 million or more, the constitutional county court;
(2)  justice courts; and
(3)  municipal courts.
(b)  A truancy court has exclusive original jurisdiction over cases involving allegations of truant conduct.
(c)  A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a truancy case is brought as if the municipal court were located in the municipality in which the case arose.
(d)  A truancy court retains jurisdiction over a person, without regard to the age of the person, who was referred to the court under Section 65.051 for engaging in truant conduct before the person's 19th birthday, until final disposition of the case.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 31, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.005. Court Sessions

Sec. 65.005.  COURT SESSIONS.  A truancy court is considered to be in session at all times.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.006. Venue

Sec. 65.006.  VENUE.  Venue for a proceeding under this chapter is the county in which the school in which the child is enrolled is located or the county in which the child resides.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.007. Right to Jury Trial

Sec. 65.007.  RIGHT TO JURY TRIAL.  (a)  A child alleged to have engaged in truant conduct is entitled to a jury trial.
(b)  The number of jurors in a case involving an allegation of truant conduct is six.  The state and the child are each entitled to three peremptory challenges.
(c)  There is no jury fee for a trial under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.008. Waiver of Rights

Sec. 65.008.  WAIVER OF RIGHTS.  A right granted to a child by this chapter or by the constitution or laws of this state or the United States is waived in proceedings under this chapter if:
(1)  the right is one that may be waived;
(2)  the child and the child's parent or guardian are informed of the right, understand the right, understand the possible consequences of waiving the right, and understand that waiver of the right is not required;
(3)  the child signs the waiver;
(4)  the child's parent or guardian signs the waiver; and
(5)  the child's attorney signs the waiver, if the child is represented by counsel.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.009. Effect of Adjudication

Sec. 65.009.  EFFECT OF ADJUDICATION.  (a)  An adjudication of a child as having engaged in truant conduct is not a conviction of crime.  An order of adjudication does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment.
(b)  The adjudication of a child as having engaged in truant conduct may not be used in any subsequent court proceedings, other than for the purposes of determining an appropriate remedial action under this chapter or in an appeal under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.010. Burden of Proof

Sec. 65.010.  BURDEN OF PROOF.  A court or jury may not return a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond a reasonable doubt.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.011. Applicable Statutes Regarding Discovery

Sec. 65.011.  APPLICABLE STATUTES REGARDING DISCOVERY.  Discovery in a proceeding under this chapter is governed by Chapter 39, Code of Criminal Procedure, other than Articles 39.14(i) and (j).
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.012. Procedural Rules

Sec. 65.012.  PROCEDURAL RULES.  The supreme court may promulgate rules of procedure applicable to proceedings under this chapter, including guidelines applicable to the informal disposition of truancy cases.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.013. Interpreters

Sec. 65.013.  INTERPRETERS.  (a)  When on the motion for appointment of an interpreter by a party or on the motion of the court, in any proceeding under this chapter, the court determines that the child, the child's parent or guardian, or a witness does not understand and speak English, an interpreter must be sworn to interpret for the person.  Articles 38.30(a), (b), and (c), Code of Criminal Procedure, apply in a proceeding under this chapter.  A qualified telephone interpreter may be sworn to provide interpretation services if an interpreter is not available to appear in person before the court.
(b)  In any proceeding under this chapter, if a party notifies the court that the child, the child's parent or guardian, or a witness is deaf, the court shall appoint a qualified interpreter to interpret the proceedings in any language, including sign language, that the deaf person can understand.  Articles 38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a proceeding under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.014. Signatures

Sec. 65.014.  SIGNATURES.  Any requirement under this chapter that a document be signed or that a document contain a person's signature, including the signature of a judge or a clerk of the court, is satisfied if the document contains the signature of the person as captured on an electronic device or as a digital signature.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.015. Public Access to Court Hearings

Sec. 65.015.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as provided by Subsection (b), a truancy court shall open a hearing under this chapter to the public unless the court, for good cause shown, determines that the public should be excluded.
(b)  The court may prohibit a person from personally attending a hearing if the person is expected to testify at the hearing and the court determines that the person's testimony would be materially affected if the person hears other testimony at the hearing.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.016. Recording of Proceedings

Sec. 65.016.  RECORDING OF PROCEEDINGS.  (a)  The proceedings in a truancy court that is not a court of record may not be recorded.
(b)  The proceedings in a truancy court that is a court of record must be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.017. Juvenile Case Managers

Text of section effective until January 01, 2025
Sec. 65.017.  JUVENILE CASE MANAGERS.  A truancy court may employ a juvenile case manager in accordance with Article 45.056, Code of Criminal Procedure, to provide services to children who have been referred to the truancy court or who are in jeopardy of being referred to the truancy court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.049, eff. January 1, 2025.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter A. General Provisions › Section 65.017. Juvenile Case Managers

Text of section effective on January 01, 2025
Sec. 65.017.  JUVENILE CASE MANAGERS.  A truancy court may employ a juvenile case manager in accordance with Article 45A.451, Code of Criminal Procedure, to provide services to children who have been referred to the truancy court or who are in jeopardy of being referred to the truancy court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.049, eff. January 1, 2025.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.051. Initial Referral to Truancy Court

Sec. 65.051.  INITIAL REFERRAL TO TRUANCY COURT.  When a truancy court receives a referral under Section 25.0915, Education Code, and the court is not required to dismiss the referral under that section, the court shall forward the referral to a truant conduct prosecutor who serves the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.052. Truant Conduct Prosecutor

Sec. 65.052.  TRUANT CONDUCT PROSECUTOR.  In a justice or municipal court or a constitutional county court that is designated as a truancy court, the attorney who represents the state in criminal matters in that court shall serve as the truant conduct prosecutor.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.053. Review by Prosecutor

Sec. 65.053.  REVIEW BY PROSECUTOR.  (a)  The truant conduct prosecutor shall promptly review the facts described in a referral received under Section 65.051.
(b)  The prosecutor may, in the prosecutor's discretion, determine whether to file a petition with the truancy court requesting an adjudication of the child for truant conduct.  If the prosecutor decides not to file a petition requesting an adjudication, the prosecutor shall inform the truancy court and the school district of the decision.
(c)  The prosecutor may not file a petition for an adjudication of a child for truant conduct if the referral was not made in compliance with Section 25.0915, Education Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.054. State's Petition

Sec. 65.054.  STATE'S PETITION.  (a)  A petition for an adjudication of a child for truant conduct initiates an action of the state against a child who has allegedly engaged in truant conduct.
(b)  The proceedings shall be styled "In the matter of _______________, Child," identifying the child by the child's initials only.
(c)  The petition may be on information and belief.
(d)  The petition must state:
(1)  with reasonable particularity the time, place, and manner of the acts alleged to constitute truant conduct;
(2)  the name, age, and residence address, if known, of the child who is the subject of the petition;
(3)  the names and residence addresses, if known, of at least one parent, guardian, or custodian of the child and of the child's spouse, if any; and
(4)  if the child's parent, guardian, or custodian does not reside or cannot be found in the state, or if their places of residence are unknown, the name and residence address of any known adult relative residing in the county or, if there is none, the name and residence address of the known adult relative residing nearest to the location of the court.
(e)  Filing fees may not be charged for the filing of the state's petition.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.055. Limitations Period

Sec. 65.055.  LIMITATIONS PERIOD.  A petition may not be filed after the 45th day after the date of the last absence giving rise to the act of truant conduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.056. Hearing Date

Sec. 65.056.  HEARING DATE.  (a)  After the petition has been filed, the truancy court shall set a date and time for an adjudication hearing.
(b)  The hearing may not be held on or before the 10th day after the date the petition is filed.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.057. Summons

Sec. 65.057.  SUMMONS.  (a)  After setting the date and time of an adjudication hearing, the truancy court shall direct the issuance of a summons to:
(1)  the child named in the petition;
(2)  the child's parent, guardian, or custodian;
(3)  the child's guardian ad litem, if any; and
(4)  any other person who appears to the court to be a proper or necessary party to the proceeding.
(b)  The summons must require the persons served to appear before the court at the place, date, and time of the adjudication hearing to answer the allegations of the petition.  A copy of the petition must accompany the summons.  If a person, other than the child, required to appear under this section fails to attend a hearing, the truancy court may proceed with the hearing.
(c)  The truancy court may endorse on the summons an order directing the person having the physical custody or control of the child to bring the child to the hearing.
(d)  A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.058. Service of Summons

Sec. 65.058.  SERVICE OF SUMMONS.  (a)  If a person to be served with a summons is in this state and can be found, the summons shall be served on the person personally or by registered or certified mail, return receipt requested, at least five days before the date of the adjudication hearing.
(b)  Service of the summons may be made by any suitable person under the direction of the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.059. Representation by Attorney

Sec. 65.059.  REPRESENTATION BY ATTORNEY.  (a) A child may be represented by an attorney in a case under this chapter.  Representation by an attorney is not required.
(b)  A child is not entitled to have an attorney appointed to represent the child, but the court may appoint an attorney if the court determines it is in the best interest of the child.
(c)  The court may order a child's parent or other responsible person to pay for the cost of an attorney appointed under this section if the court determines that the person has sufficient financial resources.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.060. Child's Answer

Sec. 65.060.  CHILD'S ANSWER.  After the petition has been filed, the child may answer, orally or in writing, the petition at or before the commencement of the hearing.  If the child does not answer, a general denial of the alleged truant conduct is assumed.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.061. Guardian Ad Litem

Sec. 65.061.  GUARDIAN AD LITEM.  (a)  If a child appears before the truancy court without a parent or guardian, or it appears to the court that the child's parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to proceedings under this chapter, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings.
(b)  An attorney for a child may also be the child's guardian ad litem.  A law enforcement officer, probation officer, or other employee of the truancy court may not be appointed as a guardian ad litem.
(c)  The court may order a child's parent or other person responsible to support the child to reimburse the county or municipality for the cost of the guardian ad litem.  The court may issue the order only after determining that the parent or other responsible person has sufficient financial resources to offset the cost of the child's guardian ad litem wholly or partly.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.062. Attendance at Hearing

Sec. 65.062.  ATTENDANCE AT HEARING.  (a)  The child must be personally present at the adjudication hearing.  The truancy court may not proceed with the adjudication hearing in the absence of the child.
(b)  A parent or guardian of a child and any court-appointed guardian ad litem of a child is required to attend the adjudication hearing.
(c)  Subsection (b) does not apply to:
(1)  a person for whom, for good cause shown, the court excuses attendance;
(2)  a person who is not a resident of this state; or
(3)  a parent of a child for whom a managing conservator has been appointed and the parent is not a conservator of the child.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.063. Right to Reemployment

Sec. 65.063.  RIGHT TO REEMPLOYMENT.  (a)  An employer may not terminate the employment of a permanent employee because the employee is required under Section 65.062(b) to attend a hearing.
(b)  Notwithstanding any other law, an employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when notified of the hearing if the employee, as soon as practical after the hearing, gives the employer actual notice that the employee intends to return.
(c)  A person who is injured because of a violation of this section is entitled to:
(1)  reinstatement to the person's former position;
(2)  damages not to exceed an amount equal to six times the amount of monthly compensation received by the person on the date of the hearing; and
(3)  reasonable attorney's fees in an amount approved by the court.
(d)  It is a defense to an action brought under this section that the employer's circumstances changed while the employee attended the hearing and caused reemployment to be impossible or unreasonable.  To establish a defense under this subsection, an employer must prove that the termination of employment was because of circumstances other than the employee's attendance at the hearing.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.064. Subpoena of Witness

Sec. 65.064.  SUBPOENA OF WITNESS.  A witness may be subpoenaed in accordance with the procedures for the subpoena of a witness under the Code of Criminal Procedure.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter B. Initial Procedures › Section 65.065. Child Alleged to Be Mentally Ill

Sec. 65.065.  CHILD ALLEGED TO BE MENTALLY ILL.  (a)  A party may make a motion requesting that a petition alleging a child to have engaged in truant conduct be dismissed because the child has a mental illness, as defined by Section 571.003, Health and Safety Code.  In response to the motion, the truancy court shall temporarily stay the proceedings to determine whether probable cause exists to believe the child has a mental illness.  In making a determination, the court may:
(1)  consider the motion, supporting documents, professional statements of counsel, and witness testimony; and
(2)  observe the child.
(b)  If the court determines that probable cause exists to believe that the child has a mental illness, the court shall dismiss the petition.  If the court determines that evidence does not exist to support a finding that the child has a mental illness, the court shall dissolve the stay and continue with the truancy court proceedings.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.101. Adjudication Hearing; Judgment

Sec. 65.101.  ADJUDICATION HEARING; JUDGMENT.  (a)  A child may be found to have engaged in truant conduct only after an adjudication hearing conducted in accordance with the provisions of this chapter.
(b)  At the beginning of the adjudication hearing, the judge of the truancy court shall explain to the child and the child's parent, guardian, or guardian ad litem:
(1)  the allegations made against the child;
(2)  the nature and possible consequences of the proceedings;
(3)  the child's privilege against self-incrimination;
(4)  the child's right to trial and to confrontation of witnesses;
(5)  the child's right to representation by an attorney if the child is not already represented; and
(6)  the child's right to a jury trial.
(c)  Trial is by jury unless jury is waived in accordance with Section 65.008.  Jury verdicts under this chapter must be unanimous.
(d)  The Texas Rules of Evidence do not apply in a truancy proceeding under this chapter except:
(1)  when the judge hearing the case determines that a particular rule of evidence applicable to criminal cases must be followed to ensure that the proceedings are fair to all parties; or
(2)  as otherwise provided by this chapter.
(e)  A child alleged to have engaged in truant conduct need not be a witness against nor otherwise incriminate himself or herself.  An extrajudicial statement of the child that was obtained in violation of the constitution of this state or the United States may not be used in an adjudication hearing.  A statement made by the child out of court is insufficient to support a finding of truant conduct unless it is corroborated wholly or partly by other evidence.
(f)  At the conclusion of the adjudication hearing, the court or jury shall find whether the child has engaged in truant conduct.  The finding must be based on competent evidence admitted at the hearing.  The child shall be presumed to have not engaged in truant conduct and no finding that a child has engaged in truant conduct may be returned unless the state has proved the conduct beyond a reasonable doubt.  In all jury cases the jury will be instructed that the burden is on the state to prove that a child has engaged in truant conduct beyond a reasonable doubt.
(g)  If the court or jury finds that the child did not engage in truant conduct, the court shall dismiss the case with prejudice.
(h)  If the court or jury finds that the child did engage in truant conduct, the court shall proceed to issue a judgment finding the child has engaged in truant conduct and order the remedies the court finds appropriate under Section 65.103.  The jury is not involved in ordering remedies for a child who has been adjudicated as having engaged in truant conduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.