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 Apr. 20, 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 65.108’s source at texas​.gov