Tex. Fam. Code Section 65.251
Failure to Obey Truancy Court Order; Child in Contempt of Court


(a)

If a child fails to obey an order issued by a truancy court under Section 65.103 (Remedial Order)(a) or a child is in direct contempt of court, the truancy court, after providing notice and an opportunity for a hearing, may hold the child in contempt of court and order either or both of the following:

(1)

that the child pay a fine not to exceed $100; or

(2)

that the Department of Public Safety suspend the child’s driver’s license or permit or, if the child does not have a license or permit, order that the Department of Public Safety deny the issuance of a license or permit to the child until the child fully complies with the court’s orders.

(b)

If a child fails to obey an order issued by a truancy court under Section 65.103 (Remedial Order)(a) or a child is in direct contempt of court and the child has failed to obey an order or has been found in direct contempt of court on two or more previous occasions, the truancy court, after providing notice and an opportunity for a hearing, may refer the child to the juvenile probation department as a request for truancy intervention, unless the child failed to obey the truancy court order or was in direct contempt of court while 17 years of age or older.

(c)

On referral of the child to the juvenile probation department, the truancy court shall provide to the juvenile probation department:

(1)

documentation of all truancy prevention measures taken by the originating school district;

(2)

documentation of all truancy orders for each of the child’s previous truancy referrals, including:

(A)

court remedies and documentation of the child’s failure to comply with the truancy court’s orders, if applicable, demonstrating all interventions that were exhausted by the truancy court; and

(B)

documentation describing the child’s direct contempt of court, if applicable;

(3)

the name, birth date, and last known address of the child and the school in which the child is enrolled; and

(4)

the name and last known address of the child’s parent or guardian.

(d)

The juvenile probation department may, on review of information provided under Subsection (c):

(1)

offer further remedies related to the local plan for truancy intervention strategies adopted under Section 25.0916, Education Code; or

(2)

refer the child to a juvenile court for a hearing to be conducted under Section 65.252 (Proceedings in Juvenile Court).

(e)

A truancy court may not order the confinement of a child for the child’s failure to obey an order of the court issued under Section 65.103 (Remedial Order)(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.

Source: Section 65.251 — Failure to Obey Truancy Court Order; Child in Contempt of Court, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­65.­htm#65.­251 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 65.251’s source at texas​.gov