Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 51.072. Transfer Of Probation Supervision Between Counties: Interim Supervision

§ 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION. (a) In this section: (1) "Receiving county" means the county to which a child on probation has moved or intends to move. (2) "Sending county" means the county that: (A) originally placed the child on probation; or (B) assumed permanent supervision of the child under an inter-county transfer of probation supervision. (b) When a child on probation moves or intends to move from one county to another and intends to remain in the receiving county for at least 60 days, the juvenile probation department of the sending county shall request that the juvenile probation department of the receiving county provide interim supervision of the child. (c) The juvenile probation department of the receiving county may refuse the request to provide interim supervision only if: (1) the residence of the child in the receiving county is in a residential placement facility arranged by the sending county; or (2) the residence of the child in the receiving county is in a foster care placement arranged by the Department of Family and Protective Services. (d) The juvenile probation department of the sending county shall initiate the request for interim supervision by electronic communication to the probation officer designated as the inter-county transfer officer for the juvenile probation department of the receiving county or, in the absence of this designation, to the chief juvenile probation officer. (e) The juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with the following information in the request for interim supervision initiated under Subsection (d): (1) the child's name, sex, age, and date of birth; (2) the name, address, date of birth, and social security or driver's license number of the person with whom the child proposes to reside or is residing in the receiving county; (3) the offense for which the child is on probation; (4) the length of the child's probation term; (5) a brief summary of the child's history of referrals; (6) a brief statement of any special needs of the child; and (7) the reason for the child moving or intending to move to the receiving county. (f) Not later than five business days after a receiving county has agreed to provide interim supervision of a child, the juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with a copy of the following documents: (1) the petition and the adjudication and disposition orders for the child, including the child's thumbprint; (2) the child's conditions of probation; (3) the social history report for the child; (4) any psychological or psychiatric reports concerning the child; (5) the Department of Public Safety CR 43J form or tracking incident number concerning the child; (6) any law enforcement incident reports concerning the offense for which the child is on probation; (7) any sex offender registration information concerning the child; (8) any juvenile probation department progress reports concerning the child and any other pertinent documentation for the child's probation officer; (9) case plans concerning the child; (10) the Texas Juvenile Probation Commission standard assessment tool results for the child; (11) the computerized referral and case history for the child, including case disposition; (12) the child's birth certificate; (13) the child's social security number or social security card, if available; (14) the name, address, and telephone number of the contact person in the sending county's juvenile probation department; (15) Title IV-E eligibility screening information for the child, if available; (16) the address in the sending county for forwarding funds collected to which the sending county is entitled; (17) any of the child's school or immunization records that the juvenile probation department of the sending county possesses; and (18) any victim information concerning the case for which the child is on probation. (g) The juvenile probation department of the receiving county shall supervise the child under the probation conditions imposed by the sending county and provide services similar to those provided to a child placed on probation under the same conditions in the receiving county. On request of the juvenile probation department of the receiving county, the juvenile court of the receiving county may modify the original probation conditions and impose new conditions using the procedures in Section 54.05. The juvenile court of the receiving county may not modify a financial probation condition imposed by the juvenile court of the sending county or the length of the child's probation term. The juvenile court of the receiving county shall designate a cause number for identifying the modification proceedings. (h) The juvenile court of the sending county may revoke probation for a violation of a condition imposed by the juvenile court of the sending county only if the condition has not been specifically modified or replaced by the juvenile court of the receiving county. The juvenile court of the receiving county may revoke probation for a violation of a condition of probation that the juvenile court of the receiving county has modified or imposed. (i) If a child is reasonably believed to have violated a condition of probation imposed by the juvenile court of the sending county, the juvenile court of the sending or receiving county may issue a directive to apprehend or detain the child in a certified detention facility, as in other cases of probation violation. In order to respond to a probation violation under this subsection, the juvenile court of the receiving county may: (1) modify the conditions of probation or extend the probation term; or (2) require that the juvenile probation department of the sending county resume direct supervision for the child. (j) On receiving a directive from the juvenile court of the receiving county under Subsection (i)(2), the juvenile probation department of the sending county shall arrange for the prompt transportation of the child back to the sending county at the expense of the sending county. (k) The juvenile probation department of the receiving county is entitled to any probation supervision fees collected from the child or the child's parent while providing interim supervision for the child. (l) The sending county is financially responsible for any special treatment program or placement that the juvenile court of the sending county requires as a condition of probation if the child's family is financially unable to pay for the program or placement. (m) Except as provided by Subsection (n), a period of interim supervision may not exceed 180 days. Permanent supervision automatically transfers to the juvenile probation department of the receiving county after the expiration of the period of interim supervision. The juvenile probation department of the receiving county may request permanent supervision from the juvenile probation department of the sending county at any time before the 180-day interim supervision period expires. (n) Notwithstanding Subsection (m), the period of interim supervision of a child who is placed on probation under Section 54.04(q) does not expire until the child has satisfactorily completed one-third of the term of probation, including one-third of the term of any extension of the probation term ordered under Section 54.05. Permanent supervision automatically transfers to the probation department of the receiving county after the expiration of the period of interim supervision under this subsection. The juvenile court of the sending county may order transfer of the permanent supervision before the expiration of the period of interim supervision under this subsection. (o) At least once every 90 days during the period of interim supervision, the juvenile probation department of the receiving county shall provide the juvenile probation department of the sending county with a progress report of supervision concerning the child. Added by Acts 2005, 79th Leg., ch. 949, § 4, eff. Sept. 1, 2005.

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Last modified: August 10, 2007