Tex.
Code of Crim. Proc. Article 45.305
Diversion Strategies
(a)
Diversion strategies include:(1)
requiring a child to participate in a program, including:(A)
a court-approved teen court program operated by a service provider;(B)
a school-related program;(C)
an educational program, including an alcohol awareness program, a tobacco awareness program, or a drug education program;(D)
a rehabilitation program; or(E)
a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution;(2)
referring a child to a service provider for services, including:(A)
at-risk youth services under Subchapter D, Chapter 264 (Child Welfare Services), Family Code;(B)
juvenile case manager services under Article 45.056 (Juvenile Case Managers);(C)
work and job skills training, including job interviewing and work preparation;(D)
academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;(E)
community-based services;(F)
mental health screening and clinical assessment;(G)
counseling, including private or in-school counseling; or(H)
mentoring services;(3)
requiring a child to:(A)
participate in mediation or other dispute resolution processes;(B)
submit to alcohol or drug testing; or(C)
substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and(4)
requiring a child, by court order, to:(A)
pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code;(B)
perform not more than 20 hours of community service; or(C)
perform any other reasonable action determined by the court.(b)
A diversion strategy may be imposed under:(1)
an intermediate diversion under Article 45.309 (Intermediate Diversion);(2)
a diversion by a justice or judge under Article 45.310 (Diversion by Justice or Judge); or(3)
a system of graduated sanctions for certain school offenses under Section 37.144 (Graduated Sanctions for Certain School Offenses), Education Code.(c)
A diversion strategy under this subchapter may not require a child who is a home-schooled student, as defined by Section 29.916 (Home-schooled Student Merit Scholarship and Advanced Placement Testing), Education Code, to:(1)
attend an elementary or secondary school; or(2)
use an educational curriculum other than the curriculum selected by the parent.
Source:
Article 45.305 — Diversion Strategies, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.305 (accessed May 26, 2025).
