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Tex. Fam. Code § 61.001 et seq.

Tex. Fam. Code § 61.001 et seq. - Entry of Orders Against Parents and Other Eligible Persons (2003)

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Verbatim reference text. This is the full, unedited text of Tex. Fam. Code § 61.001 et seq., provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS FAMILY CODE Chapter 61, Subchapter A — ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE CHAPTER 61 • RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS Subchapter A: ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE PERSONS FAMILY CODE > TITLE 3. JUVENILE JUSTICE CODE > CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS Sec. 61.001. DEFINITIONS. In this chapter: (1) "Juvenile court order" means an order by a juvenile court in a proceeding to which this chapter applies requiring a parent or other eligible person to act or refrain from acting. (2) "Other eligible person" means the respondent's guardian, the respondent's custodian, or any other person described in a provision under this title authorizing the court order. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.002. APPLICABILITY. This chapter applies to a proceeding to enter a juvenile court order: (1) for restitution under Sections 54.041(b) and 54.048; (2) for community service under Section 54.044(b); (3) requiring the person to refrain from doing any act injurious to the welfare of the child under Section 54.041(a)(1); (4) enjoining contact between the person and the child who is the subject of a proceeding under Section 54.041(a)(2); (5) ordering a person living in the same household with the child to participate in counseling under Section 54.041(a)(3); (6) requiring a parent or other eligible person to attend a court hearing under Section 51.115; (7) requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r); or (8) requir (7) requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r); or (8) requiring a parent or other eligible person to act or refrain from acting under any law imposing an obligation of action or omission on a parent or other eligible person because of the parent's or person's relation to the child who is the subject of a proceeding under this title. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 5, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 21, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 26, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.04, eff. January 1, 2022. Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 8, eff. September 1, 2023. Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON. (a) To comply with the requirements of due process of law, the juvenile court shall: (1) provide sufficient notice in writing or orally in a recorded court hearing of a proposed juvenile court order; and (2) provide a sufficient opportunity for the parent or other eligible person to be heard regarding the proposed order. (b) A juvenile court order must be in writing and a copy promptly furnished to the parent or other eligible person. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 61, Subchapter A — ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE (c) The juvenile court may require the parent or other eligible person to provide suitable identification to be included in the court's file. Suitable identification includes fingerprints, a driver's license number, a social security number, or or other eligible person to provide suitable identification to be included in the court's file. Suitable identification includes fingerprints, a driver's license number, a social security number, or similar indicia of identity. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE. (a) This section applies only when: (1) a juvenile court has placed a parent or other eligible person under a court order under this chapter; (2) the child who was the subject of the juvenile court proceedings in which the order was entered: (A) resides in a county other than the county in which the order was entered; (B) has moved to a county other than the county in which the order was entered and intends to remain in that county for at least 60 days; or (C) intends to move to a county other than the county in which the order was entered and to remain in that county for at least 60 days; and (3) the parent or other eligible person resides or will reside in the same county as the county in which the child now resides or to which the child has moved or intends to move. (b) A juvenile court that enters an order described by Subsection (a)(1) may transfer the order to the juvenile court of the county in which the parent now resides or to which the parent has moved or intends to move. (c) The juvenile court shall provide the parent or other eligible person written notice of the transfer. The notification must identify the court to which the order has been transferred. (d) The juvenile court to which the order has been transferred shall require the parent or other eligible person to appear before the court to notify the person of the existence and terms of the order, unless the permanent supervision hearing under Section 51.073(c) has been waived. Failure to do so renders the order unenforceable. (e) If the notice required by Subsection (d) is provid the order, unless the permanent supervision hearing under Section 51.073(c) has been waived. Failure to do so renders the order unenforceable. (e) If the notice required by Subsection (d) is provided, the juvenile court to which the order has been transferred may modify, extend, or enforce the order as though the court originally entered the order. Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 26, eff. September 1, 2005. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 33, eff. September 1, 2013. Sec. 61.004. APPEAL. (a) The parent or other eligible person against whom a final juvenile court order has been entered may appeal as provided by law from judgments entered in civil cases. (b) The movant may appeal from a judgment denying requested relief regarding a juvenile court order as provided by law from judgments entered in civil cases. (c) The pendency of an appeal initiated under this section does not abate or otherwise affect the proceedings in juvenile court involving the child. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2