Texas Family Code - Section 54.05. Hearing To Modify Disposition
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§ 54.05. HEARING TO MODIFY DISPOSITION. (a) Any
disposition, except a commitment to the Texas Youth Commission, may
be modified by the juvenile court as provided in this section until:
(1) the child reaches his 18th birthday; or
(2) the child is earlier discharged by the court or
operation of law.
(b) Except for a commitment to the Texas Youth Commission,
all dispositions automatically terminate when the child reaches his
18th birthday.
(c) There is no right to a jury at a hearing to modify
disposition.
(d) A hearing to modify disposition shall be held on the
petition of the child and his parent, guardian, guardian ad litem,
or attorney, or on the petition of the state, a probation officer,
or the court itself. Reasonable notice of a hearing to modify
disposition shall be given to all parties.
(e) After the hearing on the merits or facts, the court may
consider written reports from probation officers, professional
court employees, or professional consultants in addition to the
testimony of other witnesses. Prior to the hearing to modify
disposition, the court shall provide the attorney for the child
with access to all written matter to be considered by the court in
deciding whether to modify disposition. The court may order
counsel not to reveal items to the child or his parent, guardian, or
guardian ad litem if such disclosure would materially harm the
treatment and rehabilitation of the child or would substantially
decrease the likelihood of receiving information from the same or
similar sources in the future.
(f) Except as provided by Subsection (j), a disposition
based on a finding that the child engaged in delinquent conduct that
violates a penal law of this state or the United States of the grade
of felony or, if the requirements of Subsection (k) are met, of the
grade of misdemeanor, may be modified so as to commit the child to
the Texas Youth Commission if the court after a hearing to modify
disposition finds by a preponderance of the evidence that the child
violated a reasonable and lawful order of the court. A disposition
based on a finding that the child engaged in habitual felony conduct
as described by Section 51.031 or in delinquent conduct that
included a violation of a penal law listed in Section 53.045(a) may
be modified to commit the child to the Texas Youth Commission with a
possible transfer to the institutional division or the pardons and
paroles division of the Texas Department of Criminal Justice for a
definite term prescribed by Section 54.04(d)(3) if the original
petition was approved by the grand jury under Section 53.045 and if
after a hearing to modify the disposition the court finds that the
child violated a reasonable and lawful order of the court.
(g) Except as provided by Subsection (j), a disposition
based solely on a finding that the child engaged in conduct
indicating a need for supervision may not be modified to commit the
child to the Texas Youth Commission. A new finding in compliance
with Section 54.03 must be made that the child engaged in delinquent
conduct that meets the requirements for commitment under Section
54.04.
(h) A hearing shall be held prior to placement in a
post-adjudication secure correctional facility for a period longer
than 30 days or commitment to the Texas Youth Commission as a
modified disposition. In other disposition modifications, the
child and the child's parent, guardian, guardian ad litem, or
attorney may waive hearing in accordance with Section 51.09.
(i) The court shall specifically state in the order its
reasons for modifying the disposition and shall furnish a copy of
the order to the child.
(j) If, after conducting a hearing to modify disposition
without a jury, the court finds by a preponderance of the evidence
that a child violated a reasonable and lawful condition of
probation ordered under Section 54.04(q), the court may modify the
disposition to commit the child to the Texas Youth Commission under
Section 54.04(d)(3) for a term that does not exceed the original
sentence assessed by the court or jury.
(k) The court may modify a disposition under Subsection (f)
that is based on an adjudication that the child engaged in
delinquent conduct that violates a penal law of the grade of
misdemeanor if:
(1) the child has been adjudicated as having engaged
in delinquent conduct violating a penal law of the grade of felony
or misdemeanor on at least one previous occasion before the
adjudication that prompted the disposition that is being modified;
and
(2) the conduct that was the basis of the adjudication
that prompted the disposition that is being modified occurred after
the date of the previous adjudication.
(l) The court may extend a period of probation under this
section at any time during the period of probation or, if a motion
for revocation or modification of probation is filed before the
period of supervision ends, before the first anniversary of the
date on which the period of probation expires.
(m) If the court places the child on probation outside the
child's home or commits the child to the Texas Youth Commission, the
court:
(1) shall include in the court's order a determination
that:
(A) it is in the child's best interests to be
placed outside the child's home;
(B) reasonable efforts were made to prevent or
eliminate the need for the child's removal from the child's home and
to make it possible for the child to return home; and
(C) the child, in the child's home, cannot be
provided the quality of care and level of support and supervision
that the child needs to meet the conditions of probation; and
(2) may approve an administrative body to conduct a
permanency hearing pursuant to 42 U.S.C. Section 675 if required
during the placement or commitment of the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1979, 66th Leg., p. 1829, ch. 743, § 1, eff. Aug.
27, 1979; Acts 1983, 68th Leg., p. 162, ch. 44, art. 1, § 4, eff.
April 26, 1983; Acts 1985, 69th Leg., ch. 45, § 3, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 385, § 10, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 557, § 3, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 262, § 42, eff. Jan. 1, 1996; Acts 1999,
76th Leg., ch. 1448, § 2, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1477, § 11, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 1297, § 27, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1420, § 5.002, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
283, § 21, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 949,
§ 15, eff. Sept. 1, 2005.
Section: 54.044 54.045 54.046 54.0461 54.047 54.048 54.049 54.05 54.051 54.06 54.061 54.07 54.08 54.09 54.10
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Last modified: August 10, 2007
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