CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER
ELIGIBLE PERSONS
SUBCHAPTER A. ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE
PERSONS
Sec. 61.001. DEFINITIONS. In this chapter:
(1) "Juvenile court order" means an order by a juvenile court in
a proceeding to which this chapter applies requiring a parent or
other eligible person to act or refrain from acting.
(2) "Other eligible person" means the respondent's guardian, the
respondent's custodian, or any other person described in a
provision under this title authorizing the court order.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1,
2003.
Sec. 61.002. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies to a proceeding to enter a
juvenile court order:
(1) for payment of probation fees under Section 54.061;
(2) for restitution under Sections 54.041(b) and 54.048;
(3) for payment of graffiti eradication fees under Section
54.0461;
(4) for community service under Section 54.044(b);
(5) for payment of costs of court under Section 54.0411 or other
provisions of law;
(6) requiring the person to refrain from doing any act injurious
to the welfare of the child under Section 54.041(a)(1);
(7) enjoining contact between the person and the child who is
the subject of a proceeding under Section 54.041(a)(2);
(8) ordering a person living in the same household with the
child to participate in counseling under Section 54.041(a)(3);
(9) requiring a parent or guardian of a child found to be truant
to participate in an available program addressing truancy under
Section 54.041(f);
(10) requiring a parent or other eligible person to pay
reasonable attorney's fees for representing the child under
Section 51.10(e);
(11) requiring the parent or other eligible person to reimburse
the county for payments the county has made to an attorney
appointed to represent the child under Section 51.10(j);
(12) requiring payment of deferred prosecution supervision fees
under Section 53.03(d);
(13) requiring a parent or other eligible person to attend a
court hearing under Section 51.115;
(14) requiring a parent or other eligible person to act or
refrain from acting to aid the child in complying with conditions
of release from detention under Section 54.01(r);
(15) requiring a parent or other eligible person to act or
refrain from acting under any law imposing an obligation of
action or omission on a parent or other eligible person because
of the parent's or person's relation to the child who is the
subject of a proceeding under this title; or
(16) for payment of fees under Section 54.0462.
(b) This subchapter does not apply to the entry and enforcement
of a child support order under Section 54.06.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1209, Sec. 5, eff. September 1, 2009.
Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR
OTHER ELIGIBLE PERSON. (a) To comply with the requirements of
due process of law, the juvenile court shall:
(1) provide sufficient notice in writing or orally in a recorded
court hearing of a proposed juvenile court order; and
(2) provide a sufficient opportunity for the parent or other
eligible person to be heard regarding the proposed order.
(b) A juvenile court order must be in writing and a copy
promptly furnished to the parent or other eligible person.
(c) The juvenile court may require the parent or other eligible
person to provide suitable identification to be included in the
court's file. Suitable identification includes fingerprints, a
driver's license number, a social security number, or similar
indicia of identity.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1,
2003.
Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER
ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE. (a) This
section applies only when:
(1) a juvenile court has placed a parent or other eligible
person under a court order under this chapter;
(2) the child who was the subject of the juvenile court
proceedings in which the order was entered:
(A) resides in a county other than the county in which the order
was entered;
(B) has moved to a county other than the county in which the
order was entered and intends to remain in that county for at
least 60 days; or
(C) intends to move to a county other than the county in which
the order was entered and to remain in that county for at least
60 days; and
(3) the parent or other eligible person resides or will reside
in the same county as the county in which the child now resides
or to which the child has moved or intends to move.
(b) A juvenile court that enters an order described by
Subsection (a)(1) may transfer the order to the juvenile court of
the county in which the parent now resides or to which the parent
has moved or intends to move.
(c) The juvenile court shall provide the parent or other
eligible person written notice of the transfer. The notification
must identify the court to which the order has been transferred.
(d) The juvenile court to which the order has been transferred
shall require the parent or other eligible person to appear
before the court to notify the person of the existence and terms
of the order. Failure to do so renders the order unenforceable.
(e) If the notice required by Subsection (d) is provided, the
juvenile court to which the order has been transferred may
modify, extend, or enforce the order as though the court
originally entered the order.
Added by Acts 2005, 79th Leg., Ch.
949, Sec. 26, eff. September 1, 2005.
Sec. 61.004. APPEAL. (a) The parent or other eligible person
against whom a final juvenile court order has been entered may
appeal as provided by law from judgments entered in civil cases.
(b) The movant may appeal from a judgment denying requested
relief regarding a juvenile court order as provided by law from
judgments entered in civil cases.
(c) The pendency of an appeal initiated under this section does
not abate or otherwise affect the proceedings in juvenile court
involving the child.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1,
2003.
SUBCHAPTER B. ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER
ELIGIBLE PERSON
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.
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.
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.
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.
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.
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.
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.
SUBCHAPTER C. RIGHTS OF PARENTS
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.
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.
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 Youth Commission.
(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.
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 Probation Commission
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.
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.
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.
Sec. 61.107. LIABILITY. The Texas Youth Commission, 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.