HOUSTON JUVENILE DEFENSE ATTORNEY ANDY NOLEN HAS OVER 15 YEARS EXPERIENCE HANDLING JUVENILE CASES IN HARRIS COUNTY.  JUVENILE DEFENSE LAWYER NOLEN CAN HELP YOUR CHILD OR ADOLESCENT  IF HE OR SHE IS FACING A MISDEMEANOR, FELONY,  DRUG CASE,  PROBATION VIOLATION, PROBATION REVOCATION,  OR IS FACING CERTIFICATION AS AN ADULT
HOUSTON JUVENILE DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
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In most cases a
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Attorney Andy
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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
Andy Nolen, 15 years  Juvenile Defense
Over 500 Criminal Cases Dismissed
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Texas Juvenile Justice Code, Houston Lawyer Andy Nolen
Juvenile Justice Code

Chapter 51: General
Chapter 52:  Referral
Chapter 53: Prior To Court
Chapter 54: Court
Chapter 55:  Mental Illness
Chapter 56: Appeal
Chapter 57:  Victims

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, 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.
Sec. 54.0411.  JUVENILE PROBATION DIVERSION FUND.  (a)  If a disposition hearing
is held under Section 54.04 of this code, the juvenile court, after giving the child,
parent, or other person responsible for the child's support a reasonable opportunity
to be heard, shall order the child, parent, or other person, if financially able to do
so, to pay a fee as costs of court of $20.
(b)  Orders for the payment of fees under this section may be enforced as provided
by Section 54.07 of this code.
(c)  An officer collecting costs under this section shall keep separate records of the
funds collected as costs under this section and shall deposit the funds in the county
treasury.
(d)  Each officer collecting court costs under this section shall file the reports required
under Article 103.005, Code of Criminal Procedure.  If no funds due as costs under
this section have been collected in any quarter, the report required for each quarter
shall be filed in the regular manner, and the report must state that no funds due
under this section were collected.
(e)  The custodian of the county treasury may deposit the funds collected under this
section in interest-bearing accounts.  The custodian shall keep records of the
amount of funds on deposit collected under this section and not later than the last
day of the month following each calendar quarter shall send to the comptroller of
public accounts the funds collected under this section during the preceding quarter.  
A county may retain 10 percent of the funds as a service fee and may retain the
interest accrued on the funds if the custodian of a county treasury keeps records of
the amount of funds on deposit collected under this section and remits the funds to
the comptroller within the period prescribed under this subsection.
(f)  Funds collected are subject to audit by the comptroller and funds expended are
subject to audit by the State Auditor.
(g)  The comptroller shall deposit the funds in a special fund to be known as the
juvenile probation diversion fund.
(h)  The legislature shall determine and appropriate the necessary amount from the
juvenile probation diversion fund to the Texas Juvenile Probation Commission for
the purchase of services the commission considers necessary for the diversion of any
juvenile who is at risk of commitment to the Texas Youth Commission.  The Texas
Juvenile Probation Commission shall develop guidelines for the use of the fund.  
The commission may not purchase the services if a person responsible for the child's
support or a local juvenile probation department is financially able to provide the
services.
Added by Acts 1987, 70th Leg., ch. 1040, Sec. 23, eff. Sept. 1, 1987.  Amended by
Acts 1989, 71st Leg., ch. 347, Sec. 8, eff. Oct. 1, 1989.
Sec. 54.042.  LICENSE SUSPENSION.  (a)  A juvenile court, in a disposition hearing
under Section 54.04, shall:
(1)  order the Department of Public Safety to suspend a child's driver's license or
permit, or if the child does not have a license or permit, to deny the issuance of a
license or permit to the child if the court finds that the child has engaged in conduct
that violates a law of this state enumerated in Section 521.342(a), Transportation
Code;  or
(2)  notify the Department of Public Safety of the adjudication, if the court finds that
the child has engaged in conduct that violates a law of this state enumerated in
Section 521.372(a), Transportation Code.
(b)  A juvenile court, in a disposition hearing under Section 54.04, may order the
Department of Public Safety to suspend a child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a license or permit
to the child, if the court finds that the child has engaged in conduct that violates
Section 28.08, Penal Code.
(c)  The order under Subsection (a)(1) shall specify a period of suspension or denial
of 365 days.
(d)  The order under Subsection (b) shall specify a period of suspension or denial:
(1)  not to exceed 365 days;  or
(2)  of 365 days if the court finds the child has been previously adjudicated as
having engaged in conduct violating Section 28.08, Penal Code.
(e)  A child whose driver's license or permit has been suspended or denied pursuant
to this section may, if the child is otherwise eligible for, and fulfills the requirements
for issuance of, a provisional driver's license or permit under Chapter 521,
Transportation Code, apply for and receive an occupational license in accordance with
the provisions of Subchapter L of that chapter.
(f)  A juvenile court, in a disposition hearing under Section 54.04, may order the
Department of Public Safety to suspend a child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a license or permit
to the child for a period not to exceed 12 months if the court finds that the child has
engaged in conduct in need of supervision or delinquent conduct other than the
conduct described by Subsection (a).
(g)  A juvenile court that places a child on probation under Section 54.04 may
require as a reasonable condition of the probation that if the child violates the
probation, the court may order the Department of Public Safety to suspend the
child's driver's license or permit or, if the child does not have a license or permit, to
deny the issuance of a license or permit to the child for a period not to exceed 12
months.  The court may make this order if a child that is on probation under this
condition violates the probation.  A suspension under this subsection is cumulative
of any other suspension under this section.
(h)  If a child is adjudicated for conduct that violates Section 49.04, 49.07, or 49.08,
Penal Code, and if any conduct on which that adjudication is based is a ground for a
driver's license suspension under Chapter 524 or 724, Transportation Code, each of
the suspensions shall be imposed.  The court imposing a driver's license suspension
under this section shall credit a period of suspension imposed under Chapter 524 or
724, Transportation Code, toward the period of suspension required under this
section, except that if the child was previously adjudicated for conduct that violates
Section 49.04, 49.07, or 49.08, Penal Code, credit may not be given.
Added by Acts 1983, 68th Leg., p. 1605, ch. 303, Sec. 25, eff. Jan. 1, 1984.  
Amended by Acts 1985, 69th Leg., ch. 629, Sec. 1, eff. Sept. 1, 1985;  Acts 1991,
72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 784,
Sec. 7, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 491, Sec. 3, eff. June 15, 1993;
 Acts 1995, 74th Leg., ch. 76, Sec. 14.32, eff. Sept. 1, 1995;  Acts 1995, 74th Leg.,
ch. 262, Sec. 40, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 165, Sec. 30.183, eff.
Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 593, Sec. 3, eff. Sept. 1, 1997;  Acts 1997,
75th Leg., ch. 1013, Sec. 17, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec.
19.01(18), eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 283, Sec. 20, eff. Sept. 1,
2003.
Sec. 54.043.  MONITORING SCHOOL ATTENDANCE.  If the court places a child on
probation under Section 54.04(d) and requires as a condition of probation that the
child attend school, the probation officer charged with supervising the child shall
monitor the child's school attendance and report to the court if the child is voluntarily
absent from school.
Added by Acts 1993, 73rd Leg., ch. 347, Sec. 6.02, eff. Sept. 1, 1993.
Sec. 54.044.  COMMUNITY SERVICE.  (a)  If the court places a child on probation
under Section 54.04(d), the court shall require as a condition of probation that the
child work a specified number of hours at a community service project approved by
the court and designated by the juvenile probation department as provided by
Subsection (e), unless the court determines and enters a finding on the order
placing the child on probation that:
(1)  the child is physically or mentally incapable of participating in the project;
(2)  participating in the project will be a hardship on the child or the family of the
child;  or
(3)  the child has shown good cause that community service should not be required.
(b)  The court may also order under this section that the child's parent perform
community service with the child.
(c)  The court shall order that the child and the child's parent perform a total of not
more than 500 hours of community service under this section.
(d)  A municipality or county that establishes a program to assist children and their
parents in rendering community service under this section may purchase insurance
policies protecting the municipality or county against claims brought by a person
other than the child or the child's parent for a cause of action that arises from an act
of the child or parent while rendering community service.  The municipality or county
is not liable under this section to the extent that damages are recoverable under a
contract of insurance or under a plan of self-insurance authorized by statute.  The
liability of the municipality or county for a cause of action that arises from an action
of the child or the child's parent while rendering community service may not exceed
$100,000 to a single person and $300,000 for a single occurrence in the case of
personal injury or death, and $10,000 for a single occurrence of property damage.  
Liability may not extend to punitive or exemplary damages.  This subsection does
not waive a defense, immunity, or jurisdictional bar available to the municipality or
county or its officers or employees, nor shall this section be construed to waive,
repeal, or modify any provision of Chapter 101, Civil Practice and Remedies Code.
(e)  For the purposes of this section, a court may submit to the juvenile probation
department a list of organizations or projects approved by the court for community
service.  The juvenile probation department may:
(1)  designate an organization or project for community service only from the list
submitted by the court;  and
(2)  reassign or transfer a child to a different organization or project on the list
submitted by the court under this subsection without court approval.
(f)  A person subject to an order proposed under Subsection (a) or (b) is entitled to
a hearing on the order before the order is entered by the court.
(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 community service that may be imposed on a
parent under this section.
(h)  An order made under this section may be enforced as provided by Section 54.07.
(i)  In a disposition hearing under Section 54.04 in which the court finds that a child
engaged in conduct violating Section 521.453, Transportation Code, the court, in
addition to any other order authorized under this title and if the court is located in a
municipality or county that has established a community service program, may order
the child to perform eight hours of community service as a condition of probation
under Section 54.04(d) unless the child is shown to have previously engaged in
conduct violating Section 521.453, Transportation Code, in which case the court may
order the child to perform 12 hours of community service.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 41, eff. Jan. 1, 1996.  Amended by
Acts 1997, 75th Leg., ch. 1358, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch.
1297, Sec. 25, eff. Sept. 1, 2001.
Sec. 54.045.  ADMISSION OF UNADJUDICATED CONDUCT.  (a)  During a disposition
hearing under Section 54.04, a child may:
(1)  admit having engaged in delinquent conduct or conduct indicating a need for
supervision for which the child has not been adjudicated;  and
(2)  request the court to take the admitted conduct into account in the disposition of
the child.
(b)  If the prosecuting attorney agrees in writing, the court may take the admitted
conduct into account in the disposition of the child.
(c)  A court may take into account admitted conduct over which exclusive venue lies
in another county only if the court obtains the written permission of the prosecuting
attorney for that county.
(d)  A child may not be adjudicated by any court for having engaged in conduct
taken into account under this section, except that, if the conduct taken into account
included conduct over which exclusive venue lies in another county and the written
permission of the prosecuting attorney of that county was not obtained, the child
may be adjudicated for that conduct, but the child's admission under this section
may not be used against the child in the adjudication.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 41, eff. Jan. 1, 1996.
Sec. 54.046.  CONDITIONS OF PROBATION FOR DAMAGING PROPERTY WITH
GRAFFITI.  (a)  If a juvenile court places on probation under Section 54.04(d) a child
adjudicated as having engaged in conduct in violation of Section 28.08, Penal Code,
in addition to other conditions of probation, the court:
(1)  may order the child to:
(A)  reimburse the owner of the property for the cost of restoring the property; or
(B)  with consent of the owner of the property, restore the property by removing or
painting over any markings made by the child on the property; and
(2)  if the child made markings on public property, a street sign, or an official
traffic-control device in violation of Section 28.08, Penal Code, may order the child to:
(A)  make to the political subdivision that owns the public property or erected the
street sign or official traffic-control device restitution in an amount equal to the
lesser of the cost to the political subdivision of replacing or restoring the public
property, street sign, or official traffic-control device; or
(B)  with the consent of the political subdivision, restore the public property, street
sign, or official traffic-control device by removing or painting over any markings
made by the child on the property, sign, or device.
(a-1)  For purposes of Subsection (a), "official traffic-control device" has the
meaning assigned by Section 541.304, Transportation Code.
(b)  In addition to a condition imposed under Subsection (a), the court may require
the child as a condition of probation to attend a class with instruction in
self-responsibility and empathy for a victim of an offense conducted by a local
juvenile probation department.
(c)  If a juvenile court orders a child to make restitution under Subsection (a) and
the child, child's parent, or other person responsible for the child's support is
financially unable to make the restitution, the court may order the child to perform a
specific number of hours of community service to satisfy the restitution.
Added by Acts 1997, 75th Leg., ch. 593, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1053, Sec. 4, eff. September 1, 2007.
Sec. 54.0461.  PAYMENT OF JUVENILE DELINQUENCY PREVENTION FEES.  (a)  If a
child is adjudicated as having engaged in delinquent conduct that violates Section
28.08, Penal Code, the juvenile court shall order the child, parent, or other person
responsible for the child's support to pay to the court a $50 juvenile delinquency
prevention fee as a cost of court.
(b)  The court shall deposit fees received under this section to the credit of the
county juvenile delinquency prevention fund provided for under Article 102.0171,
Code of Criminal Procedure.
(c)  If the court finds that a child, parent, or other person responsible for the child's
support is unable to pay the juvenile delinquency prevention fee required under
Subsection (a), the court shall enter into the child's case records a statement of that
finding.  The court may waive a fee under this section only if the court makes the
finding under this subsection.
Added by Acts 1999, 76th Leg., ch. 174, Sec. 1, eff. Sept. 1, 1999.  Amended by
Acts 2003, 78th Leg., ch. 601, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1053, Sec. 5, eff. September 1, 2007.
Sec. 54.047.  ALCOHOL RELATED OFFENSE.  If the court or jury finds at an
adjudication hearing for a child that the child engaged in conduct indicating a need
for supervision or delinquent conduct that violates the alcohol-related offenses in
Section 106.02, 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, or
Section 49.02, Penal Code, the court shall, subject to a finding under Section
54.04(c), order, in addition to any other order
FAMILY CODE
CHAPTER 54. JUDICIAL PROCEEDINGS