Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Section 54.041. Orders Affecting Parents And Others

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 54.041. Orders Affecting Parents And Others

§ 54.041. ORDERS AFFECTING PARENTS AND OTHERS.  (a) When 
a child has been found to have engaged in delinquent conduct or 
conduct indicating a need for supervision and the juvenile court 
has made a finding that the child is in need of rehabilitation or 
that the protection of the public or the child requires that 
disposition be made, the juvenile court, on notice by any 
reasonable method to all persons affected, may:
		(1)  order any person found by the juvenile court to 
have, by a wilful act or omission, contributed to, caused, or 
encouraged the child's delinquent conduct or conduct indicating a 
need for supervision to do any act that the juvenile court 
determines to be reasonable and necessary for the welfare of the 
child or to refrain from doing any act that the juvenile court 
determines to be injurious to the welfare of the child;
		(2)  enjoin all contact between the child and a person 
who is found to be a contributing cause of the child's delinquent 
conduct or conduct indicating a need for supervision;
		(3)  after notice and a hearing of all persons affected 
order any person living in the same household with the child to 
participate in social or psychological counseling to assist in the 
rehabilitation of the child and to strengthen the child's family 
environment;  or
		(4)  after notice and a hearing of all persons affected 
order the child's parent or other person responsible for the child's 
support to pay all or part of the reasonable costs of treatment 
programs in which the child is required to participate during the 
period of probation if the court finds the child's parent or person 
responsible for the child's support is able to pay the costs.
	(b)  If a child is found to have engaged in delinquent 
conduct or conduct indicating a need for supervision arising from 
the commission of an offense in which property damage or loss or 
personal injury occurred, the juvenile court, on notice to all 
persons affected and on hearing, may order the child or a parent to 
make full or partial restitution to the victim of the offense.  The 
program of restitution must promote the rehabilitation of the 
child, be appropriate to the age and physical, emotional, and 
mental abilities of the child, and not conflict with the child's 
schooling.  When practicable and subject to court supervision, the 
court may approve a restitution program based on a settlement 
between the child and the victim of the offense.  An order under 
this subsection may provide for periodic payments by the child or a 
parent of the child for the period specified in the order but except 
as provided by Subsection (h), that period may not extend past the 
date of the 18th birthday of the child or past the date the child is 
no longer enrolled in an accredited secondary school in a program 
leading toward a high school diploma, whichever date is later.
	(c)  Restitution under this section is cumulative of any 
other remedy allowed by law and may be used in addition to other 
remedies;  except that a victim of an offense is not entitled to 
receive more than actual damages under a juvenile court order.
	(d)  A person subject to an order proposed under Subsection 
(a) of this section is entitled to a hearing on the order before the 
order is entered by the court.
	(e)  An order made under this section may be enforced as 
provided by Section 54.07 of this code.
	(f)  If a child is found to have engaged in conduct 
indicating a need for supervision described under Section 
51.03(b)(2) or (g), the court may order the child's parents or 
guardians to attend a program described by Section 25.093(f), 
Education Code, if a program is available.
	(g)  On a finding by the court that a child's parents or 
guardians have made a reasonable good faith effort to prevent the 
child from engaging in delinquent conduct or engaging in conduct 
indicating a need for supervision and that, despite the parents' or 
guardians' efforts, the child continues to engage in such conduct, 
the court shall waive any requirement for restitution that may be 
imposed on a parent under this section.
	(h)  If the juvenile court places the child on probation in a 
determinate sentence proceeding initiated under Section 53.045 and 
transfers supervision on the child's 18th birthday to a district 
court for placement on community supervision, the district court 
shall require the payment of any unpaid restitution as a condition 
of the community supervision.  The liability of the child's parent 
for restitution may not be extended by transfer to a district court 
for supervision.

Added by Acts 1975, 64th Leg., p. 2157, ch. 693, § 18, eff. Sept. 
1, 1975.  Amended by Acts 1979, 66th Leg., p. 338, ch. 154, § 2, 
eff. Sept. 1, 1979;  Acts 1983, 68th Leg., p. 528, ch. 110, § 1, 
eff. Aug. 29, 1983;  Acts 1983, 68th Leg., p. 3262, ch. 565, § 3, 
eff. Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 1170, § 3, eff. 
June 16, 1989;  Acts 1995, 74th Leg., ch. 262, § 39, eff. Jan. 1, 
1996;  Acts 1997, 75th Leg., ch. 165, § 6.09, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1297, § 24, eff. Sept. 1, 2001;  Acts 
2001, 77th Leg., ch. 1514, § 15, eff. Sept. 1, 2001;  Acts 2003, 
78th Leg., ch. 283, § 19, eff. Sept. 1, 2003.

Last modified: August 11, 2007