Texas Family Code

§ 54.04 — DISPOSITION HEARING

FA § 54.04Title 3. JUVENILE JUSTICE CODE · Ch. 54. JUDICIAL PROCEEDINGS

Statute text

(a)The disposition hearing shall be separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence under Subsection (d)(3) or (m), in which case, the child is entitled to a jury of 12 persons to determine the sentence, but only if the child so elects in writing before the commencement of the voir dire examination of the jury panel. If a finding of delinquent conduct is returned, the child may, with the consent of the attorney for the state, change the child's election of one who assesses the disposition.

(b)At the disposition hearing, the juvenile court, notwithstanding the Texas Rules of Evidence or Chapter 37, Code of Criminal Procedure, may consider written reports from probation officers, professional court employees, guardians ad litem appointed under Section 51.11(d), or professional consultants in addition to the testimony of witnesses. On or before the second day before the date of the disposition hearing, the court shall provide the attorney for the child and the prosecuting attorney with access to all written matter to be considered by the court in disposition. The court may order counsel not to reveal items to the child or the child's 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.

(c)No disposition may be made under this section unless the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made. If the court or jury does not so find, the court shall dismiss the child and enter a final judgment without any disposition. No disposition placing the child on probation outside the child's home may be made under this section unless the court or jury finds that 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 the probation.

(d)If the court or jury makes the finding specified in Subsection (c) allowing the court to make a disposition in the case:

(1)the court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:

(A)in the child's own home or in the custody of a relative or other fit person; or

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 7, eff. June 8, 2007. Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 64(1), eff. June 8, 2007. Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 3, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 11, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(13), eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 2, eff. May 23, 2009. Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 17, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 2, eff. December 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 49, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 2, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 4, eff. September 1, 2021.