Sec. 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; or
(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.
(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) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(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 19th 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, Sec. 18, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 338, ch. 154, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 528, ch. 110, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 3262, ch. 565, Sec. 3, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 1170, Sec. 3, eff. June 16, 1989; Acts 1995, 74th Leg., ch. 262, Sec. 39, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.09, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 15, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.03, eff. January 1, 2022.
Structure Texas Statutes
Title 3 - Juvenile Justice Code
Chapter 54 - Judicial Proceedings
Section 54.01. Detention Hearing
Section 54.011. Detention Hearings for Status Offenders and Nonoffenders; Penalty
Section 54.012. Interactive Video Recording of Detention Hearing
Section 54.02. Waiver of Jurisdiction and Discretionary Transfer to Criminal Court
Section 54.03. Adjudication Hearing
Section 54.031. Hearsay Statement of Certain Abuse Victims
Section 54.033. Sexually Transmitted Disease, Aids, and HIV Testing
Section 54.034. Limited Right to Appeal: Warning
Section 54.04. Disposition Hearing
Section 54.0401. Community-Based Programs
Section 54.04012. Trafficked Persons Program
Section 54.04013. Special Commitment to Texas Juvenile Justice Department
Section 54.0405. Child Placed on Probation for Conduct Constituting Sexual Offense
Section 54.0406. Child Placed on Probation for Conduct Involving a Handgun
Section 54.0407. Cruelty to Animals: Counseling Required
Section 54.0409. DNA Sample Required on Certain Felony Adjudications
Section 54.041. Orders Affecting Parents and Others
Section 54.042. License Suspension
Section 54.043. Monitoring School Attendance
Section 54.044. Community Service
Section 54.045. Admission of Unadjudicated Conduct
Section 54.046. Conditions of Probation for Damaging Property With Graffiti
Section 54.047. Alcohol or Drug Related Offense
Section 54.0481. Restitution for Damaging Property With Graffiti
Section 54.0482. Treatment of Restitution Payments
Section 54.049. Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse
Section 54.0491. Gang-Related Conduct
Section 54.05. Hearing to Modify Disposition
Section 54.051. Transfer of Determinate Sentence Probation to Appropriate District Court
Section 54.052. Credit for Time Spent in Detention Facility for Child With Determinate Sentence
Section 54.06. Judgments for Support
Section 54.061. Payment of Probation Fees
Section 54.07. Enforcement of Order
Section 54.08. Public Access to Court Hearings
Section 54.09. Recording of Proceedings