(u)  For the purposes of disposition under Subsection (d)(2), delinquent conduct that
violates a penal law of this state of the grade of felony does not include conduct that
violates a lawful order of a county, municipal, justice, or juvenile court under
circumstances that would constitute contempt of that court.
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 849, Sec. 3
(v)  If the judge orders a disposition under this section for delinquent conduct based
on a violation of an offense, on the motion of the attorney representing the state the
judge shall make an affirmative finding of fact and enter the affirmative finding in
the papers in the case if the judge determines that, regardless of whether the conduct
at issue is the subject of the prosecution or part of the same criminal episode as the
conduct that is the subject of the prosecution, a victim in the trial:
(1)  is or has been a victim of a severe form of trafficking in persons, as defined by 22
U.S.C. Section 7102(8); or
(2)  has suffered substantial physical or mental abuse as a result of having been a
victim of criminal activity described by 8 U.S.C. Section 1101(a)(15)(U)(iii).
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 11
(v)  A child may be detained in an appropriate detention facility following
disposition of the child's case under Subsection (d) or (m) pending:
(1)  transportation of the child to the ordered placement; and
(2)  the provision of medical or other health care services for the child that may be
advisable before transportation, including health care services for children in the
late term of pregnancy.
(w)  That part of the papers in the case containing an affirmative finding under
Subsection (v):
(1)  must include specific information identifying the victim, as available;
(2)  may not include information identifying the victim's location; and
(3)  is confidential, unless written consent for the release of the affirmative finding is
obtained from the victim or, if the victim is younger than 18 years of age, the
victim's parent or guardian.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts
1975, 64th Leg., p. 2158, ch. 693, Sec. 23, eff. Sept. 1, 1975;  Acts 1981, 67th Leg.,
p. 1802, ch. 394, Sec. 1, eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 161, ch. 44,
art. 1, Sec. 3, eff. April 26, 1983;  Acts 1983, 68th Leg., p. 3261, ch. 565, Sec. 2, eff.
Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 385, Sec. 9, eff. Sept. 1, 1987;  Acts 1987,
70th Leg., ch. 1052, Sec. 6.11, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 2, Sec.
16.01(17), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 80, Sec. 1, eff. Sept. 1,
1989;  Acts 1991, 72nd Leg., ch. 557, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd
Leg., ch. 574, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 784, Sec. 8, eff.
Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 1048, Sec. 1, eff. Sept. 1, 1993;  Acts 1995,
74th Leg., ch. 262, Sec. 38, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 669, Sec. 2,
eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1086, Sec. 11, eff. Sept. 1, 1997;  Acts
1999, 76th Leg., ch. 1193, Sec. 9, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch.
1415, Sec. 19, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1448, Sec. 1, eff. Sept. 1,
1999;  Acts 1999, 76th Leg., ch. 1477, Sec. 10, eff. Sept. 1, 1999;  Acts 2001, 77th
Leg., ch. 1297, Sec. 23, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec.
5.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 137, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 7, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64(1), eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 849, Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 11, eff. September 1, 2007.
Sec. 54.0401.  COMMUNITY-BASED PROGRAMS.  (a)  This section applies only to a
county that has a population of at least 335,000.
(b)  A juvenile court of a county to which this section applies may require a child
who is found to have engaged in delinquent conduct that violates a penal law of the
grade of misdemeanor and for whom the requirements of Subsection (c) are met to
participate in a community-based program administered by the county's juvenile
board.
(c)  A juvenile court of a county to which this section applies may make a disposition
under Subsection (b) for delinquent conduct that violates a penal law of the grade of
misdemeanor:
(1)  if:
(A)  the child has been adjudicated as having engaged in delinquent conduct
violating a penal law of the grade of misdemeanor on at least two previous occasions;
(B)  of the previous adjudications, the conduct that was the basis for one of the
adjudications occurred after the date of another previous adjudication; and
(C)  the conduct that is the basis of the current adjudication occurred after the date
of at least two previous adjudications; or
(2)  if:
(A)  the child has been adjudicated as having engaged in delinquent conduct
violating a penal law of the grade of felony on at least one previous occasion; and
(B)  the conduct that is the basis of the current adjudication occurred after the date
of that previous adjudication.
(d)  The Texas Juvenile Probation Commission shall establish guidelines for the
implementation of community-based programs described by this section.  The
juvenile board of each county to which this section applies shall implement a
community-based program that complies with those guidelines.
(e)  The Texas Juvenile Probation Commission shall provide grants to selected
juvenile boards to assist with the implementation of a system of community-based
programs under this section.
(f)  Not later than January 1, 2009, the Texas Juvenile Probation Commission shall
prepare and deliver to the governor, the lieutenant governor, and each member of
the legislature a report describing the implementation and effectiveness of the
community-based  programs described by this section.  The report must include
information relating to the cost of requiring a child to participate in a
community-based program.  This subsection expires February 1, 2009.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 8, eff. June 8, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts
2001, 77th Leg., ch. 211, Sec. 13, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch.
1420, Sec. 14.743, eff. Sept. 1, 2001.
Sec. 54.0406.  CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A
HANDGUN.  (a)  If a court or jury places a child on probation under Section 54.04(d)
for conduct that violates a penal law that includes as an element of the offense the
possession, carrying, using, or exhibiting of a handgun, as defined by Section 46.01,
Penal Code, and if at the adjudication hearing the court or jury affirmatively finds
that the child personally possessed, carried, used, or exhibited the handgun, the
court shall require as a condition of probation that the child, not later than the 30th
day after the date the court places the child on probation, notify the juvenile
probation officer who is supervising the child of the manner in which the child
acquired the handgun, including the date and place of and any person involved in
the acquisition.
(b)  On receipt of information described by Subsection (a), a juvenile probation
officer shall promptly notify the appropriate local law enforcement agency of the
information.
(c)  Information provided by a child to a juvenile probation officer as required by
Subsection (a) and any other information derived from that information may not be
used as evidence against the child in any juvenile or criminal proceeding.
Added by Acts 1999, 76th Leg., ch. 1446, Sec. 1, eff. Sept. 1, 1999.
Sec. 54.0407.  CRUELTY TO ANIMALS:  COUNSELING REQUIRED.  If a child is found
to have engaged in delinquent conduct constituting an offense under Section 42.09
or 42.092, Penal Code, the juvenile court shall order the child to participate in
psychological counseling for a period to be determined by the court.
Added by Acts 2001, 77th Leg., ch. 450, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 886, Sec. 3, eff. September 1, 2007.
Sec. 54.0408.  REFERRAL OF CHILD EXITING PROBATION TO MENTAL HEALTH
OR MENTAL RETARDATION AUTHORITY.  A juvenile probation officer shall refer a
child who has been determined to have a mental illness or mental retardation to an
appropriate local mental health or mental retardation authority at least three
months before the child is to complete the child's juvenile probation term unless the
child is currently receiving treatment from the local mental health or mental
retardation authority of the county in which the child resides.
Added by Acts 2005, 79th Leg., Ch. 949, Sec. 14, eff. September 1, 2005.
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;
(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),
FAMILY CODE
CHAPTER 54. JUDICIAL PROCEEDINGS
The Houston, Texas, Juvenile Defense Law Firm of Attorney Andy Nolen,  represents Juveniles  who have been accused of a state crime in Texas, including in
communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River
Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Probation Violations, Assault, Credit Card Abuse, Theft, Shoplifting, Drunk Driving, Evading Arrest, Truancy, School Problems,
Certification as an Adult, Juvenile Crime
15 Years  Experience
as a
Houston Juvenile
Defense Attorney
Experienced  
Attorneys for
Juvenile  Cases

In most cases a
permanent criminal
record can be avoided.  
Your child's entire future
may rest on whether or
not a final permanent
conviction can be
avoided.

Call Attorney Andy
Nolen - He has over 15
years juvenile law
experience
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,  Failure to
Stop and Give Information, Reckless Driving, Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or Deferred
Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced, or
kept off their records and we can help you.

Please call today  713-697-4373
HOUSTON JUVENILE DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
Law Office of Criminal Attorney Andy Nolen
VISIT OUR CRIMINAL DEFENSE ATTORNEYS SITE
Se habla espanol
abogado bilingue serviendo Houston y el condado de Harris
VIEW OUR SPANISH DEFENSE LAWYERS SITE
Houston Jevenile Lawyer Andy Nolen Home
About Andy Nolen
Attorney Andy Nolen Case Results
Criminal Law Links, Andy Nolan
Contact Andy Nolen
Houston Juvenile Courthouse Map
Houston Juvenile Court Phone Numbers
Law Office of Andy Nolen Sitemap
Disclaimer, Law Office of Andy Nolen
713-697-4373
TOLL FREE  1-(866)-454-7312
Principal Office 2016 Main St. #801 Houston, Texas 77002
Houston Criminal Attorney Andy Nolen, giving his best during his 15 years courtroom experience
Law Office of Attorney Andy Nolen