reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.011. Services Provided to Certain Children and Families

Sec. 53.011.  SERVICES PROVIDED TO CERTAIN CHILDREN AND FAMILIES.
Text of subsection effective until April 01, 2025
(a)  In this section:
(1)  "Community resource coordination group" has the meaning assigned by Section 531.421, Government Code.
(2)  "Local-level interagency staffing group" means a group established under the memorandum of understanding described by Section 531.055, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section:
(1)  "Community resource coordination group" has the meaning assigned by Section 547.0101, Government Code.
(2)  "Local-level interagency staffing group" means a group established under the memorandum of understanding described by Subchapter D, Chapter 522, Government Code.
(b)  On receipt of a referral under Section 53.01(b-1), a community resource coordination group, a local-level interagency staffing group, or another community juvenile services provider shall evaluate the child's case and make recommendations to the juvenile probation department for appropriate services for the child and the child's family.
(c)  The probation officer shall create and coordinate a service plan or system of care for the child or the child's family that incorporates the service recommendations for the child or the child's family provided to the juvenile probation department under Subsection (b).  The child and the child's parent, guardian, or custodian must consent to the services with knowledge that consent is voluntary.
(d)  For a child who receives a service plan or system of care under this section, the probation officer may hold the child's case open for not more than three months to monitor adherence to the service plan or system of care. The probation officer may adjust the service plan or system of care as necessary during the monitoring period.  The probation officer may refer the child to the prosecuting attorney if the child fails to successfully participate in required services during that period.
Added by Acts 2017, 85th Leg., R.S., Ch. 698 (H.B. 1204), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.05, eff. April 1, 2025.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.012. Review by Prosecutor

Sec. 53.012.  REVIEW BY PROSECUTOR.  (a)  The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01.
(b)  If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:
(1)  terminate all proceedings, if the reason is for lack of probable cause;  or
(2)  return the referral to the juvenile probation department for further proceedings.
(c)  The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refuses to participate in a program of the department to the prosecuting attorney for review of the child's case and determination of whether to file a petition.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.013. Progressive Sanctions Program

Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  Each juvenile board may adopt a progressive sanctions program using the model for progressive sanctions in Chapter 59.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 479, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.035. Grand Jury Referral

Sec. 53.035.  GRAND JURY REFERRAL.  (a)  The prosecuting attorney may, before filing a petition under Section 53.04, refer an offense to a grand jury in the county in which the offense is alleged to have been committed.
(b)  The grand jury has the same jurisdiction and powers to investigate the facts and circumstances concerning an offense referred to the grand jury under this section as it has to investigate other criminal activity.
(c)  If the grand jury votes to take no action on an offense referred to the grand jury under this section, the prosecuting attorney may not file a petition under Section 53.04 concerning the offense unless the same or a successor grand jury approves the filing of the petition.
(d)  If the grand jury votes for approval of the prosecution of an offense referred to the grand jury under this section, the prosecuting attorney may file a petition under Section 53.04.
(e)  The approval of the prosecution of an offense by a grand jury under this section does not constitute approval of a petition by a grand jury for purposes of Section 53.045.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.04. Court Petition; Answer

Sec. 53.04.  COURT PETITION;  ANSWER.  (a)  If the preliminary investigation, required by Section 53.01 of this code results in a determination that further proceedings are authorized and warranted, a petition for an adjudication or transfer hearing of a child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision may be made as promptly as practicable by a prosecuting attorney who has knowledge of the facts alleged or is informed and believes that they are true.
(b)  The proceedings shall be styled "In the matter of ______________."
(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 and the penal law or standard of conduct allegedly violated by the acts;
(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 the parent, guardian, or custodian of the child and of the child's spouse, if any;
(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;  and
(5)  if the child is alleged to have engaged in habitual felony conduct, the previous adjudications in which the child was found to have engaged in conduct violating penal laws of the grade of felony.
(e)  An oral or written answer to the petition may be made at or before the commencement of the hearing.  If there is no answer, a general denial of the alleged conduct is assumed.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 25, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.05. Time Set for Hearing

Sec. 53.05.  TIME SET FOR HEARING.  (a)  After the petition has been filed, the juvenile court shall set a time for the hearing.
(b)  The time set for the hearing shall not be later than 10 working days after the day the petition was filed if:
(1)  the child is in detention;  or
(2)  the child will be taken into custody under Section 53.06(d) of this code.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 28, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.06. Summons

Sec. 53.06.  SUMMONS.  (a)  The juvenile court shall direct 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;  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 time set to answer the allegations of the petition.  A copy of the petition must accompany the summons.
(c)  The 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.  A person who violates an order entered under this subsection may be proceeded against under Section 53.08 or 54.07 of this code.
(d)  If it appears from an affidavit filed or from sworn testimony before the court that immediate detention of the child is warranted under Section 53.02(b) of this code, the court may endorse on the summons an order that a law-enforcement officer shall serve the summons and shall immediately take the child into custody and bring him before the court.
(e)  A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 29, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.07. Service of Summons

Sec. 53.07.  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 upon him personally at least two days before the day of the adjudication hearing.  If he is in this state and cannot be found, but his address is known or can with reasonable diligence be ascertained, the summons may be served on him by mailing a copy by registered or certified mail, return receipt requested, at least five days before the day of the hearing.  If he is outside this state but he can be found or his address is known, or his whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered or certified mail, return receipt requested, at least five days before the day of the hearing.
(b)  The juvenile court has jurisdiction of the case if after reasonable effort a person other than the child cannot be found nor his post-office address ascertained, whether he is in or outside this state.
(c)  Service of the summons may be made by any suitable person under the direction of the court.
(d)  The court may authorize payment from the general funds of the county of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
(e)  Witnesses may be subpoenaed in accordance with the Texas Code of Criminal Procedure, 1965.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 53 - Proceedings Prior to Judicial Proceedings › Section 53.08. Writ of Attachment

Sec. 53.08.  WRIT OF ATTACHMENT.  (a)  The juvenile court may issue a writ of attachment for a person who violates an order entered under Section 53.06(c).
(b)  A writ of attachment issued under this section is executed in the same manner as in a criminal proceeding as provided by Chapter 24, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 30, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.011. Detention Hearings for Status Offenders and Nonoffenders; Penalty

Sec. 54.011.  DETENTION HEARINGS FOR STATUS OFFENDERS AND NONOFFENDERS;  PENALTY.  (a)  The detention hearing for a status offender or nonoffender who has not been released administratively under Section 53.02 shall be held before the 24th hour after the time the child arrived at a detention facility, excluding hours of a weekend or a holiday.  Except as otherwise provided by this section, the judge or referee conducting the detention hearing shall release the status offender or nonoffender from secure detention.
(b)  The judge or referee may order a child in detention accused of the violation of a valid court order as defined by Section 51.02 detained not longer than 72 hours after the time the detention order was entered, excluding weekends and holidays, if:
(1)  the judge or referee finds at the detention hearing that there is probable cause to believe the child violated the valid court order;  and
(2)  the detention of the child is justified under Section 54.01(e)(1), (2), or (3).
(c)  Except as provided by Subsection (d), a detention order entered under Subsection (b) may be extended for one additional 72-hour period, excluding weekends and holidays, only on a finding of good cause by the juvenile court.
(d)  A detention order for a child under this section may be extended on the demand of the child's attorney only to allow the time that is necessary to comply with the requirements of Section 51.10(h), entitling the attorney to 10 days to prepare for an adjudication hearing.
(e)  A status offender may be detained for a necessary period, not to exceed the period allowed under the Interstate Compact for Juveniles, to enable the child's return to the child's home in another state under Chapter 60.
(f)  Except as provided by Subsection (a), a nonoffender, including a person who has been taken into custody and is being held solely for deportation out of the United States, may not be detained for any period of time in a secure detention facility or secure correctional facility, regardless of whether the facility is publicly or privately operated.  A nonoffender who is detained in violation of this subsection is entitled to immediate release from the facility and may bring a civil action for compensation for the illegal detention against any person responsible for the detention.  A person commits an offense if the person knowingly detains or assists in detaining a nonoffender in a secure detention facility or secure correctional facility in violation of this subsection.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 32, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1374, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 283, Sec. 15, 16, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 15, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.012. Remote Conduct of Detention Hearing

Sec. 54.012.  REMOTE CONDUCT OF DETENTION HEARING.
(a)  A detention hearing under Section 54.01 may be conducted as a remote proceeding if the parties to the proceeding have the opportunity to cross-examine witnesses.  Consent of the parties is not required for the detention hearing to be held in the manner specified by this subsection unless the United States or Texas Constitution requires consent.
(a-1)  A juvenile court may allow or require a party, attorney, witness, court reporter, or any other individual to participate in a detention hearing conducted as a remote proceeding.
(a-2)  The judge of a juvenile court shall submit to the Office of Court Administration of the Texas Judicial System a plan for conducting a detention hearing as a remote proceeding under this section.  The plan must:
(1)  include protocols for handling physical evidence; and
(2)  require an unobstructed view of any party or witness who provides testimony from a remote location.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.
(c)  A recording of the communications shall be made.  The recording shall be preserved until the earlier of:
(1)  the 91st day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a misdemeanor;
(2)  the 120th day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a felony;  or
(3)  the date on which the adjudication hearing ends.
(d)  An attorney for the child may obtain a copy of the recording on payment of the reasonable costs of reproducing the copy.
(e)  In this section, "remote proceeding" means a proceeding in which one or more of the participants, including a judge, party, attorney, witness, court reporter, or other individual, attends the proceeding remotely through the use of technology and the Internet, including through teleconferencing or videoconferencing.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 33, eff. Jan. 1, 1996.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 13, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 1, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 2, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.021. Services Provided to Child in Detention Facility Pending Criminal Prosecution

Sec. 54.021.  SERVICES PROVIDED TO CHILD IN DETENTION FACILITY PENDING CRIMINAL PROSECUTION.  (a) A child ordered to be detained in a juvenile detention facility under Section 54.02(h) shall, to the extent practicable, be provided education, programming, and other services consistent with the minimum standards adopted by the Texas Juvenile Justice Board for juvenile detention facilities under Section 221.002, Human Resources Code.
(b)  The facility administrator, or the administrator's designee, of a juvenile detention facility shall:
(1)  not later than the 21st day after the date on which a child is ordered to be detained in a juvenile detention facility under Section 54.02(h):
(A)  complete an initial assessment of the child to evaluate the needs of the child; and
(B)  develop a written plan to ensure the child has an opportunity to make progress on identified rehabilitation goals pending trial; and
(2)  at least once every 90 days after the date on which the facility administrator or designee develops the written plan described by Subdivision (1), prepare a status report that documents:
(A)  the education, programming, and other services provided to the child;
(B)  behavioral compliance or incidents, if any;
(C)  any measurable progress on identified rehabilitation goals during the preceding 90 days of detention; and
(D)  any comments, observations, or recommendations related to the child's educational or rehabilitative needs.
Added by Acts 2023, 88th Leg., R.S., Ch. 456 (H.B. 5195), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.031. Hearsay Statement of Certain Abuse Victims

Sec. 54.031.  HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS.  (a)  This section applies to a hearing under this title in which a child is alleged to be a delinquent child on the basis of a violation of any of the following provisions of the Penal Code, if a child 12 years of age or younger or a person with a disability is the alleged victim of the violation:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);
(3)  Section 43.25 (Sexual Performance by a Child);
(4)  Section 20A.02(a)(7) or (8) (Trafficking of Persons); or
(5)  Section 43.05(a)(2) (Compelling Prostitution).
(b)  This section applies only to statements that describe the alleged violation that:
(1)  were made by the child or person with a disability who is the alleged victim of the violation; and
(2)  were made to the first person, 18 years of age or older, to whom the child or person with a disability made a statement about the violation.
(c)  A statement that meets the requirements of Subsection (b) is not inadmissible because of the hearsay rule if:
(1)  on or before the 14th day before the date the hearing begins, the party intending to offer the statement:
(A)  notifies each other party of its intention to do so;
(B)  provides each other party with the name of the witness through whom it intends to offer the statement; and
(C)  provides each other party with a written summary of the statement;
(2)  the juvenile court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement; and
(3)  the child or person with a disability who is the alleged victim testifies or is available to testify at the hearing in court or in any other manner provided by law.
(d)  In this section, "person with a disability" means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
Added by Acts 1985, 69th Leg., ch. 590, Sec. 3, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.31, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 3, eff. June 11, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.01, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.032. Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Court Program

Sec. 54.032.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM.  (a)  A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child:
(1)  is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of this state of the grade of misdemeanor that is punishable by fine only or a penal ordinance of a political subdivision of this state;
(2)  waives, under Section 51.09, the privilege against self-incrimination and testifies under oath that the allegations are true;
(3)  presents to the court an oral or written request to attend a teen court program;  and
(4)  has not successfully completed a teen court program in the two years preceding the date that the alleged conduct occurred.
(b)  The teen court program must be approved by the court.
(c)  A child for whom adjudication proceedings are deferred under Subsection (a) shall complete the teen court program not later than the 90th day after the date the teen court hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier.  The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen court program.
(d)  A case dismissed under this section may not be part of the child's records for any purpose.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(1), eff. January 1, 2022.
(f)  A court may transfer a case in which proceedings have been deferred as provided by this section to a court in another county if the court to which the case is transferred consents.  A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
(g)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(1), eff. January 1, 2022.
(h)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(1), eff. January 1, 2022.
Added by Acts 1989, 71st Leg., ch. 1031, Sec. 2, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 748, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 216, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 910 (H.B. 2949), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.42, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(1), eff. January 1, 2022.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0325. Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Dating Violence Court Program

Sec. 54.0325.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM.  (a)  In this section:
(1)  "Dating violence" has the meaning assigned by Section 71.0021.
(2)  "Family violence" has the meaning assigned by Section 71.004.
(3)  "Teen dating violence court program" means a program that includes:
(A)  a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct;
(B)  a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system;
(C)  a court-employed resource coordinator to monitor children's compliance with the 12-week program;
(D)  one judge who presides over all of the cases in the jurisdiction that qualify for the program; and
(E)  an attorney in the district attorney's office or the county attorney's office who is assigned to the program.
(b)  On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct:
(1)  that violated a penal law of this state of the grade of misdemeanor; and
(2)  involving dating violence.
(c)  For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault.
(d)  Before implementation, the teen dating violence court program must be approved by:
(1)  the court; and
(2)  the commissioners court of the county.
(e)  A child for whom adjudication proceedings are deferred under Subsection (b) shall:
(1)  complete the teen dating violence court program not later than the last day of the deferral period; and
(2)  appear in court once a month for monitoring purposes.
(f)  The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen dating violence court program.
(g)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022.
(h)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022.
(i)  The court shall track the number of children ordered to participate in the teen dating violence court program, the percentage of victims meeting with the teen victim advocate, and the compliance rate of the children ordered to participate in the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1299 (H.B. 2496), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0326. Deferral of Adjudication and Dismissal of Certain Cases on Completion of Trafficked Persons Program

Sec. 54.0326.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM.  (a)  This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.
(b)  A juvenile court may defer adjudication proceedings under Section 54.03 until the child's 18th birthday and require a child to participate in a program established under Section 152.0017, Human Resources Code, if the child:
(1)  is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision and may be a victim of conduct that constitutes an offense under Section 20A.02, Penal Code; and
(2)  presents to the court an oral or written request to participate in the program.
(c)  Following a child's completion of the program, the court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child successfully completed the program.
Added by Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(5), eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.033. Sexually Transmitted Disease, Aids, and HIV Testing

Sec. 54.033.  SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV TESTING.  (a)  A child found at the conclusion of an adjudication hearing under Section 54.03 of this code to have engaged in delinquent conduct that included a violation of Sections 21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical procedure or test at the direction of the juvenile court designed to show or help show whether the child has a sexually transmitted disease, acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS.  The court may direct the child to undergo the procedure or test on the court's own motion or on the request of the victim of the delinquent conduct.
(b)  If the child or another person who has the power to consent to medical treatment for the child refuses to submit voluntarily or consent to the procedure or test, the court shall require the child to submit to the procedure or test.
(c)  The person performing the procedure or test shall make the test results available to the local health authority.  The local health authority shall be required to notify the victim of the delinquent conduct and the person found to have engaged in the delinquent conduct of the test result.
(d)  The state may not use the fact that a medical procedure or test was performed on a child under this section or use the results of the procedure or test in any proceeding arising out of the delinquent conduct.
(e)  Testing under this section shall be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the child and the victim of the delinquent conduct.
(f)  Nothing in this section allows a court to release a test result to anyone other than a person specifically authorized under this section.  Section 81.103(d), Health and Safety Code, may not be construed to allow the disclosure of test results under this section except as provided by this section.
Added by Acts 1993, 73rd Leg., ch. 811, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.034. Limited Right to Appeal: Warning

Sec. 54.034.  LIMITED RIGHT TO APPEAL:  WARNING.  Before the court may accept a child's plea or stipulation of evidence in a proceeding held under this title, the court shall inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court entered under Section 54.03, 54.04, or 54.05, unless:
(1)  the court gives the child permission to appeal;  or
(2)  the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence.
Added by Acts 1999, 76th Leg., ch. 74, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0401. Community-Based Programs

Sec. 54.0401.  COMMUNITY-BASED PROGRAMS.  (a)  This section applies only to a county that has a population of at least 335,000.
(b)  A juvenile court of a county to which this section applies may require a child who is found to have engaged in delinquent conduct that violates a penal law of the grade of misdemeanor and for whom the requirements of Subsection (c) are met to participate in a community-based program administered by the county's juvenile board.
(c)  A juvenile court of a county to which this section applies may make a disposition under Subsection (b) for delinquent conduct that violates a penal law of the grade of misdemeanor:
(1)  if:
(A)  the child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of misdemeanor on at least two previous occasions;
(B)  of the previous adjudications, the conduct that was the basis for one of the adjudications occurred after the date of another previous adjudication; and
(C)  the conduct that is the basis of the current adjudication occurred after the date of at least two previous adjudications; or
(2)  if:
(A)  the child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony on at least one previous occasion; and
(B)  the conduct that is the basis of the current adjudication occurred after the date of that previous adjudication.
(d)  The Texas Juvenile Justice Department shall establish guidelines for the implementation of community-based programs described by this section.  The juvenile board of each county to which this section applies shall implement a community-based program that complies with those guidelines.
(e)  The Texas Juvenile Justice Department shall provide grants to selected juvenile boards to assist with the implementation of a system of community-based programs under this section.
(f)  Expired.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 8, eff. June 8, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 50, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.04012. Trafficked Persons Program

Sec. 54.04012.  TRAFFICKED PERSONS PROGRAM.  (a)  This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.
(b)  A juvenile court may require a child adjudicated to have engaged in delinquent conduct or conduct indicating a need for supervision and who is believed to be a victim of an offense of trafficking of persons as defined by Article 56B.003, Code of Criminal Procedure, to participate in a program established under Section 152.0017, Human Resources Code.
(c)  The court may require a child participating in the program to periodically appear in court for monitoring and compliance purposes.
(d)  Following a child's successful completion of the program, the court may order the sealing of the records of the case in the manner provided by Subchapter C-1, Chapter 58.
Added by Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 5, eff. September 1, 2013.
Redesignated from Family Code, Section 54.04011 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(17), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(6), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 704 (H.B. 2633), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.04013. Special Commitment to Texas Juvenile Justice Department

Sec. 54.04013.  SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE DEPARTMENT.  Notwithstanding any other provision of this code, after a disposition hearing held in accordance with Section 54.04, the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony offense to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community.  The court should consider the findings of a validated risk and needs assessment and the findings of any other appropriate professional assessment available to the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0404. Electronic Transmission of Certain Visual Material Depicting Minor: Educational Programs

Sec. 54.0404.  ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR:  EDUCATIONAL PROGRAMS.  (a)  If a child is found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6), the juvenile court may enter an order requiring the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(5), eff. September 1, 2023.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 18, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 18, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 20, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.004, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 23, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(5), eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0406. Child Placed on Probation for Conduct Involving a Handgun

Sec. 54.0406.  CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A HANDGUN.  (a)  If a court or jury places a child on probation under Section 54.04(d) for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, as defined by Section 46.01, Penal Code, and if at the adjudication hearing the court or jury affirmatively finds that the child personally possessed, carried, used, or exhibited the handgun, the court shall require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of and any person involved in the acquisition.
(b)  On receipt of information described by Subsection (a), a juvenile probation officer shall promptly notify the appropriate local law enforcement agency of the information.
(c)  Information provided by a child to a juvenile probation officer as required by Subsection (a) and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.
Added by Acts 1999, 76th Leg., ch. 1446, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0407. Cruelty to Animals: Counseling Required

Sec. 54.0407.  CRUELTY TO ANIMALS:  COUNSELING REQUIRED.  If a child is found to have engaged in delinquent conduct constituting an offense under Section 42.09 or 42.092, Penal Code, the juvenile court shall order the child to participate in psychological counseling for a period to be determined by the court.
Added by Acts 2001, 77th Leg., ch. 450, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0408. Referral of Child Exiting Probation to Mental Health Authority or Intellectual and Developmental Disability Authority

Sec. 54.0408.  REFERRAL OF CHILD EXITING PROBATION TO MENTAL HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY.  A juvenile probation officer shall refer a child who has been determined to have a mental illness or an intellectual disability to an appropriate local mental health authority or local intellectual and developmental disability authority at least three months before the child is to complete the child's juvenile probation term unless the child is currently receiving treatment from the local mental health authority or local intellectual and developmental disability authority of the county in which the child resides.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 14, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 3.02, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0409. DNA Sample Required on Certain Felony Adjudications

Sec. 54.0409.  DNA SAMPLE REQUIRED ON CERTAIN FELONY ADJUDICATIONS.  (a)  This section applies only to conduct constituting the commission of a felony:
(1)  that is listed in Article 42A.054(a), Code of Criminal Procedure; or
(2)  for which it is shown that a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during the commission of the conduct or during immediate flight from the commission of the conduct.
(b)  If a court or jury makes a disposition under Section 54.04 in which a child is adjudicated as having engaged in conduct constituting the commission of a felony to which this section applies and the child is placed on probation, the court shall require as a condition of probation that the child provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required sample under other state law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.32, eff. January 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.043. Monitoring School Attendance

Sec. 54.043.  MONITORING SCHOOL ATTENDANCE.  If the court places a child on probation under Section 54.04(d) and requires as a condition of probation that the child attend school, the probation officer charged with supervising the child shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.
Added by Acts 1993, 73rd Leg., ch. 347, Sec. 6.02, eff. Sept. 1, 1993.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.045. Admission of Unadjudicated Conduct

Sec. 54.045.  ADMISSION OF UNADJUDICATED CONDUCT.  (a)  During a disposition hearing under Section 54.04, a child may:
(1)  admit having engaged in delinquent conduct or conduct indicating a need for supervision for which the child has not been adjudicated;  and
(2)  request the court to take the admitted conduct into account in the disposition of the child.
(b)  If the prosecuting attorney agrees in writing, the court may take the admitted conduct into account in the disposition of the child.
(c)  A court may take into account admitted conduct over which exclusive venue lies in another county only if the court obtains the written permission of the prosecuting attorney for that county.
(d)  A child may not be adjudicated by any court for having engaged in conduct taken into account under this section, except that, if the conduct taken into account included conduct over which exclusive venue lies in another county and the written permission of the prosecuting attorney of that county was not obtained, the child may be adjudicated for that conduct, but the child's admission under this section may not be used against the child in the adjudication.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 41, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.047. Alcohol or Drug Related Offense

Sec. 54.047.  ALCOHOL OR DRUG RELATED OFFENSE.  (a)  If the court or jury finds at an adjudication hearing for a child that the child engaged in delinquent conduct or conduct indicating a need for supervision that constitutes a violation of Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the court may order that the child successfully complete a substance misuse education program that is designed to educate persons on the dangers of substance misuse in accordance with Section 521.374(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(b)  If the court or jury finds at an adjudication hearing for a child that the child engaged in delinquent conduct or conduct indicating a need for supervision that violates the alcohol-related offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the court may order that the child successfully complete an alcohol awareness program described by Section 106.115, Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(c)  The court shall, in addition to any order described by Subsection (a) or (b), order that, in the manner provided by Section 106.071(d), Alcoholic Beverage Code:
(1)  the child perform community service; and
(2)  the child's driver's license or permit be suspended or that the child be denied issuance of a driver's license or permit.
(d)  An order under this section:
(1)  is subject to a finding under Section 54.04(c); and
(2)  may be issued in addition to any other order authorized by this title.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(3), eff. September 1, 2021.
(f)  If the court orders a child under Subsection (a) or (b) to successfully complete a substance misuse education program or alcohol awareness program, unless the court determines that the parent or guardian of the child is indigent and unable to pay the cost, the court shall require the child's parent or a guardian of the child to pay the cost of the program.  The court shall allow the child's parent or guardian to pay the cost of the program in installments.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 18, eff. Sept. 1, 1997.  Renumbered from Sec. 54.046 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(19), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 6, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(5), eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 13, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(3), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.001, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1021 (H.B. 5183), Sec. 6, eff. June 18, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.048. Restitution

Sec. 54.048.  RESTITUTION.  (a)  A juvenile court, in a disposition hearing under Section 54.04, may order restitution to be made by the child and the child's parents.
(b)  This section applies without regard to whether the petition in the case contains a plea for restitution.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 26, eff. Sept. 1, 2001.