Texas Family Code Title 3a, Chapter 65 - Truancy Court Proceedings

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 65.001 - Scope And Purpose
  (a) This chapter details the procedures and proceedings in cases involving allegations of truant conduct. (b) The purpose of this chapter is to encourage school...
• Texas Section 65.002 - Definitions
  In this chapter: (1) "Child" means a person who is 12 years of age or older and younger than 19 years of age. (2) "Juvenile...
• Texas Section 65.003 - Truant Conduct
  (a) A child engages in truant conduct if the child is required to attend school under Section 25.085, Education Code, and fails to attend school...
• Texas Section 65.004 - Truancy Courts; Jurisdiction
  (a) The following are designated as truancy courts: (1) in a county with a population of 1.75 million or more, the constitutional county court; (2)...
• Texas Section 65.005 - Court Sessions
  A truancy court is considered to be in session at all times. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27,...
• Texas Section 65.006 - Venue
  Venue for a proceeding under this chapter is the county in which the school in which the child is enrolled is located or the county...
• Texas Section 65.007 - Right To Jury Trial
  (a) A child alleged to have engaged in truant conduct is entitled to a jury trial. (b) The number of jurors in a case involving...
• Texas Section 65.008 - Waiver Of Rights
  A right granted to a child by this chapter or by the constitution or laws of this state or the United States is waived in...
• Texas Section 65.009 - Effect Of Adjudication
  (a) An adjudication of a child as having engaged in truant conduct is not a conviction of crime. An order of adjudication does not impose...
• Texas Section 65.010 - Burden Of Proof
  A court or jury may not return a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond...
• Texas Section 65.011 - Applicable Statutes Regarding Discovery
  Discovery in a proceeding under this chapter is governed by Chapter 39, Code of Criminal Procedure, other than Articles 39.14(i) and (j). Added by Acts...
• Texas Section 65.012 - Procedural Rules
  The supreme court may promulgate rules of procedure applicable to proceedings under this chapter, including guidelines applicable to the informal disposition of truancy cases. Added...
• Texas Section 65.013 - Interpreters
  (a) When on the motion for appointment of an interpreter by a party or on the motion of the court, in any proceeding under this...
• Texas Section 65.014 - Signatures
  Any requirement under this chapter that a document be signed or that a document contain a person's signature, including the signature of a judge or...
• Texas Section 65.015 - Public Access To Court Hearings
  (a) Except as provided by Subsection (b), a truancy court shall open a hearing under this chapter to the public unless the court, for good...
• Texas Section 65.016 - Recording Of Proceedings
  (a) The proceedings in a truancy court that is not a court of record may not be recorded. (b) The proceedings in a truancy court...

SUBCHAPTER B INITIAL PROCEDURES

• Texas Section 65.017 - Juvenile Case Managers
  A truancy court may employ a juvenile case manager in accordance with Article 45.056, Code of Criminal Procedure, to provide services to children who have...
• Texas Section 65.051 - Initial Referral To Truancy Court
  When a truancy court receives a referral under Section 25.0915, Education Code, and the court is not required to dismiss the referral under that section,...
• Texas Section 65.052 - Truant Conduct Prosecutor
  In a justice or municipal court or a constitutional county court that is designated as a truancy court, the attorney who represents the state in...
• Texas Section 65.053 - Review By Prosecutor
  (a) The truant conduct prosecutor shall promptly review the facts described in a referral received under Section 65.051. (b) The prosecutor may, in the prosecutor's...
• Texas Section 65.054 - State's Petition
  (a) A petition for an adjudication of a child for truant conduct initiates an action of the state against a child who has allegedly engaged...
• Texas Section 65.055 - Limitations Period
  A petition may not be filed after the 45th day after the date of the last absence giving rise to the act of truant conduct....
• Texas Section 65.056 - Hearing Date
  (a) After the petition has been filed, the truancy court shall set a date and time for an adjudication hearing. (b) The hearing may not...
• Texas Section 65.057 - Summons
  (a) After setting the date and time of an adjudication hearing, the truancy court shall direct the issuance of a summons to: (1) the child...
• Texas Section 65.058 - Service Of Summons
  (a) If a person to be served with a summons is in this state and can be found, the summons shall be served on the...
• Texas Section 65.059 - Representation By Attorney
  (a) A child may be represented by an attorney in a case under this chapter. Representation by an attorney is not required. (b) A child...
• Texas Section 65.060 - Child's Answer
  After the petition has been filed, the child may answer, orally or in writing, the petition at or before the commencement of the hearing. If...
• Texas Section 65.061 - Guardian Ad Litem
  (a) If a child appears before the truancy court without a parent or guardian, or it appears to the court that the child's parent or...
• Texas Section 65.062 - Attendance At Hearing
  (a) The child must be personally present at the adjudication hearing. The truancy court may not proceed with the adjudication hearing in the absence of...
• Texas Section 65.063 - Right To Reemployment
  (a) An employer may not terminate the employment of a permanent employee because the employee is required under Section 65.062(b) to attend a hearing. (b)...
• Texas Section 65.064 - Subpoena Of Witness
  A witness may be subpoenaed in accordance with the procedures for the subpoena of a witness under the Code of Criminal Procedure. Added by Acts...

SUBCHAPTER C ADJUDICATION HEARING AND REMEDIES

• Texas Section 65.065 - Child Alleged To Be Mentally Ill
  (a) A party may make a motion requesting that a petition alleging a child to have engaged in truant conduct be dismissed because the child...
• Texas Section 65.101 - Adjudication Hearing; Judgment
  (a) A child may be found to have engaged in truant conduct only after an adjudication hearing conducted in accordance with the provisions of this...
• Texas Section 65.102 - Remedial Actions
  (a) The truancy court shall determine and order appropriate remedial actions in regard to a child who has been found to have engaged in truant...
• Texas Section 65.103 - Remedial Order
  (a) A truancy court may enter a remedial order requiring a child who has been found to have engaged in truant conduct to: (1) attend...
• Texas Section 65.104 - Maximum Time Remedial Order Is Effective
  A truancy court's remedial order under Section 65.103 is effective until the later of: (1) the date specified by the court in the order, which...
• Texas Section 65.105 - Orders Affecting Parents And Others
  (a) If a child has been found to have engaged in truant conduct, the truancy court may: (1) order the child and the child's parent...
• Texas Section 65.106 - Liability For Claims Arising From Community Service
  (a) A municipality or county that establishes a program to assist children and their parents in rendering community service under this subchapter may purchase an...
• Texas Section 65.107 - Court Cost
  (a) If a child is found to have engaged in truant conduct, the truancy court, after giving the child, parent, or other person responsible for...
• Texas Section 65.108 - Hearing To Modify Remedy
  (a) A truancy court may hold a hearing to modify any remedy imposed by the court. A remedy may only be modified during the period...

SUBCHAPTER D APPEAL

• Texas Section 65.109 - Motion For New Trial
  The order of a truancy court may be challenged by filing a motion for new trial. Rules 505.3(c) and (e), Texas Rules of Civil Procedure,...
• Texas Section 65.151 - Right To Appeal
  (a) The child, the child's parent or guardian, or the state may appeal any order of a truancy court. A person subject to an order...
• Texas Section 65.152 - Governing Law
  Rule 506, Texas Rules of Civil Procedure, applies to the appeal of an order of a truancy court to a juvenile court in the same...

SUBCHAPTER E RECORDS

• Texas Section 65.153 - Counsel On Appeal
  (a) A child may be represented by counsel on appeal. (b) If the child and the child's parent, guardian, or guardian ad litem request an...
• Texas Section 65.201 - Sealing Of Records
  (a) A child who has been found to have engaged in truant conduct may apply, on or after the child's 18th birthday, to the truancy...
• Texas Section 65.202 - Confidentiality Of Records
  Records and files created under this chapter may be disclosed only to: (1) the judge of the truancy court, the truant conduct prosecutor, and the...

SUBCHAPTER F ENFORCEMENT OF ORDERS

• Texas Section 65.203 - Destruction Of Certain Records
  A truancy court shall order the destruction of records relating to allegations of truant conduct that are held by the court or by the prosecutor...
• Texas Section 65.251 - Failure To Obey Truancy Court Order; Child In Contempt Of Court
  (a) If a child fails to obey an order issued by a truancy court under Section 65.103(a) or a child is in direct contempt of...
• Texas Section 65.252 - Proceedings In Juvenile Court
  (a) After a referral by the local juvenile probation department, the juvenile court prosecutor shall determine if probable cause exists to believe that the child...
• Texas Section 65.253 - Parent Or Other Person In Contempt Of Court
  (a) A truancy court may enforce the following orders by contempt: (1) an order that a parent of a child, guardian of a child, or...
• Texas Section 65.254 - Writ Of Attachment
  A truancy court may issue a writ of attachment for a person who violates an order entered under Section 65.057(c). The writ of attachment is...
• Texas Section 65.255 - Entry Of Truancy Court Order Against Parent Or Other Eligible Person
  (a) The truancy court shall: (1) provide notice to a person who is the subject of a proposed truancy court order under Section 65.253; and...
• Texas Section 65.256 - Appeal
  (a) The parent or other eligible person against whom a final truancy court order has been entered under Section 65.253 may appeal as provided by...
• Texas Section 65.257 - Motion For Enforcement
  (a) The state may initiate enforcement of a truancy court order under Section 65.253 against a parent or person other than the child by filing...
• Texas Section 65.258 - Notice And Appearance
  (a) On the filing of a motion for enforcement, the truancy court shall by written notice set the date, time, and place of the hearing...
• Texas Section 65.259 - Conduct Of Enforcement Hearing
  (a) The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable...

Last modified: September 28, 2016