Texas Family Code - Section 54.0405. Child Placed On Probation For Conduct Constituting Sexual Offense

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§ 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT 
CONSTITUTING SEXUAL OFFENSE.  (a) If a court or jury makes a 
disposition under Section 54.04 in which a child described by 
Subsection (b) is placed on probation, the court:
		(1)  may require as a condition of probation that the 
child:                
			(A)  attend psychological counseling sessions for 
sex offenders as provided by Subsection (e);  and
			(B)  submit to a polygraph examination as provided 
by Subsection (f) for purposes of evaluating the child's treatment 
progress;  and
		(2)  shall require as a condition of probation that the 
child:              
			(A)  register under Chapter 62, Code of Criminal 
Procedure;  and           
			(B)  submit a blood sample or other specimen to 
the Department of Public Safety 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 specimen 
under other state law.
	(b)  This section applies to a child placed on probation for 
conduct constituting an offense for which the child is required to 
register as a sex offender under Chapter 62, Code of Criminal 
Procedure.
	(c)  Psychological counseling required as a condition of 
probation under Subsection (a) must be with an individual or 
organization that:
		(1)  provides sex offender treatment or counseling;                           
		(2)  is specified by the local juvenile probation 
department supervising the child;  and
		(3)  meets minimum standards of counseling established 
by the local juvenile probation department.
	(d)  A polygraph examination required as a condition of 
probation under Subsection (a) must be administered by an 
individual who is:
		(1)  specified by the local juvenile probation 
department supervising the child;  and
		(2)  licensed as a polygraph examiner under Chapter 
1703, Occupations Code. 
	(e)  A local juvenile probation department that specifies a 
sex offender treatment provider under Subsection (c) to provide 
counseling to a child shall:
		(1)  establish with the cooperation of the treatment 
provider the date, time, and place of the first counseling session 
between the child and the treatment provider;
		(2)  notify the child and the treatment provider, not 
later than the 21st day after the date the order making the 
disposition placing the child on probation under Section 54.04 
becomes final, of the date, time, and place of the first counseling 
session between the child and the treatment provider;  and
		(3)  require the treatment provider to notify the 
department immediately if the child fails to attend any scheduled 
counseling session.
	(f)  A local juvenile probation department that specifies a 
polygraph examiner under Subsection (d) to administer a polygraph 
examination to a child shall arrange for a polygraph examination to 
be administered to the child:
		(1)  not later than the 60th day after the date the 
child attends the first counseling session established under 
Subsection (e);  and
		(2)  after the initial polygraph examination, as 
required by Subdivision (1), on the request of the treatment 
provider specified under Subsection (c).
	(g)  A court that requires as a condition of probation that a 
child attend psychological counseling under Subsection (a) may 
order the parent or guardian of the child to:
		(1)  attend four sessions of instruction with an 
individual or organization specified by the court relating to:
			(A)  sexual offenses;                                                        
			(B)  family communication skills;                                            
			(C)  sex offender treatment;                                                 
			(D)  victims' rights;                                                        
			(E)  parental supervision;  and                                              
			(F)  appropriate sexual behavior;  and                                       
		(2)  during the period the child attends psychological 
counseling, participate in monthly treatment groups conducted by 
the child's treatment provider relating to the child's 
psychological counseling.
	(h)  A court that orders a parent or guardian of a child to 
attend instructional sessions and participate in treatment groups 
under Subsection (g) shall require:
		(1)  the individual or organization specified by the 
court under Subsection (g) to notify the court immediately if the 
parent or guardian fails to attend any scheduled instructional 
session;  and
		(2)  the child's treatment provider specified under 
Subsection (c) to notify the court immediately if the parent or 
guardian fails to attend a session in which the parent or guardian 
is required to participate in a scheduled treatment group.
	(i)  A court that requires as a condition of probation that a 
child attend psychological counseling under Subsection (a) may, 
before the date the probation period ends, extend the probation for 
any additional period necessary to complete the required counseling 
as determined by the treatment provider, except that the probation 
may not be extended to a date after the date of the child's 18th 
birthday.

Added by Acts 1997, 75th Leg., ch. 669, § 1, eff. Sept. 1, 1997.  
Amended by Acts 2001, 77th Leg., ch. 211, § 13, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 1420, § 14.743, eff. Sept. 1, 
2001.

Last modified: August 10, 2007