Tex. Fam. Code Section 65.108
Hearing to Modify Remedy


(a)

A truancy court may hold a hearing to modify any remedy imposed by the court. A remedy may only be modified during the period the order is effective under Section 65.104 (Maximum Time Remedial Order Is Effective).

(b)

There is no right to a jury at a hearing under this section.

(c)

A hearing to modify a remedy imposed by the court shall be held on the petition of the state, the court, or the child and the child’s parent, guardian, guardian ad litem, or attorney. Reasonable notice of a hearing to modify disposition shall be given to all parties.

(d)

Notwithstanding any other law, in considering a motion to modify a remedy imposed by the court, the truancy court may consider a written report from a school district official or employee, juvenile case manager, or professional consultant in addition to the testimony of witnesses. The court shall provide the attorney for the child and the prosecuting attorney with access to all written matters to be considered by the court. The court may order counsel not to reveal items to the child or to the child’s parent, guardian, or guardian ad litem if the 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.

(e)

The truancy court shall pronounce in court, in the presence of the child, the court’s changes to the remedy, if any. The court shall specifically state the new remedy and the court’s reasons for modifying the remedy in a written order. The court shall furnish a copy of the order to the child.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.

Source: Section 65.108 — Hearing to Modify Remedy, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­65.­htm#65.­108 (accessed Jun. 5, 2024).

65.001
Scope and Purpose
65.002
Definitions
65.003
Truant Conduct
65.004
Truancy Courts
65.005
Court Sessions
65.006
Venue
65.007
Right to Jury Trial
65.008
Waiver of Rights
65.009
Effect of Adjudication
65.010
Burden of Proof
65.011
Applicable Statutes Regarding Discovery
65.012
Procedural Rules
65.013
Interpreters
65.014
Signatures
65.015
Public Access to Court Hearings
65.016
Recording of Proceedings
65.017
Juvenile Case Managers
65.051
Initial Referral to Truancy Court
65.052
Truant Conduct Prosecutor
65.053
Review by Prosecutor
65.054
State’s Petition
65.055
Limitations Period
65.056
Hearing Date
65.057
Summons
65.058
Service of Summons
65.059
Representation by Attorney
65.060
Child’s Answer
65.061
Guardian Ad Litem
65.062
Attendance at Hearing
65.063
Right to Reemployment
65.064
Subpoena of Witness
65.065
Child Alleged to Be Mentally Ill
65.101
Adjudication Hearing
65.102
Remedial Actions
65.103
Remedial Order
65.104
Maximum Time Remedial Order Is Effective
65.105
Orders Affecting Parents and Others
65.106
Liability for Claims Arising from Community Service
65.107
Court Cost
65.108
Hearing to Modify Remedy
65.109
Motion for New Trial
65.151
Right to Appeal
65.152
Governing Law
65.153
Counsel on Appeal
65.201
Sealing of Records
65.202
Confidentiality of Records
65.203
Destruction of Certain Records
65.251
Failure to Obey Truancy Court Order
65.252
Proceedings in Juvenile Court
65.253
Parent or Other Person in Contempt of Court
65.254
Writ of Attachment
65.255
Entry of Truancy Court Order Against Parent or Other Eligible Person
65.256
Appeal
65.257
Motion for Enforcement
65.258
Notice and Appearance
65.259
Conduct of Enforcement Hearing

Accessed:
Jun. 5, 2024

§ 65.108’s source at texas​.gov