Texas Family Code

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 (Disposition Hearing) 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 (Sex Offender Registration Program), Code of Criminal Procedure; and

(B)

submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411 (Department of Public Safety of the State of Texas), 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 (Sex Offender Registration Program), 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 (Polygraph Examiners), 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 (Disposition Hearing) 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, or 19th birthday if the child is placed on determinate sentence probation under Section 54.04 (Disposition Hearing)(q).
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 3, eff. September 1, 2011.
Source

Last accessed
Jun. 7, 2021