Tex. Fam. Code § 61.051

TEXAS FAMILY CODE Chapter 61, Subchapter B — ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGI CHAPTER 61 • RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS Subchapter B: ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON Sec. 61.051. MOTION FOR ENFORCEMENT. (a) A party initiates enforcement of a juvenile court order by filing a written motion. In ordinary and concise language, the motion must: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state specifically and factually the manner of the person's alleged noncompliance; (3) state the relief requested; and (4) contain the signature of the party filing the motion. (b) The movant must allege in the same motion for enforcement each violation by the person of the juvenile court orders described by Section 61.002(a) that the movant had a reasonable basis for believing the person was violating when the motion was filed. (c) The juvenile court retains jurisdiction to enter a contempt order if the motion for enforcement is filed not later than six months after the child's 18th birthday. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.052. NOTICE AND APPEARANCE. (a) On the filing of a motion for enforcement, the court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion. (b) The notice must be given by personal service or by certified mail, return receipt requested, on or before the 10th day before the date of the hearing on the motion. The notice must include a copy of the motion for enforcement. Personal service must comply with the Code of Criminal Procedure. (c) If a person moves to strike or specially excepts to the motion for enforc include a copy of the motion for enforcement. Personal service must comply with the Code of Criminal Procedure. (c) If a person moves to strike or specially excepts to the motion for enforcement, the court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement. If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service. (d) If a person who has been personally served with notice to appear at the hearing does not appear, the juvenile court may not hold the person in contempt, but may issue a capias for the arrest of the person. The court shall set and enforce bond as provided by Subchapter C, Chapter 157. If a person served by certified mail, return receipt requested, with notice to appear at the hearing does not appear, the juvenile court may require immediate personal service of notice. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.053. ATTORNEY FOR THE PERSON. (a) In a proceeding on a motion for enforcement where incarceration is a possible punishment against a person who is not represented by an attorney, the court shall inform the person of the right to be represented by an attorney and, if the person is indigent, of the right to the appointment of an attorney. (b) If the person claims indigency and requests the appointment of an attorney, the juvenile court may require the person to file an affidavit of indigency. The court may hear evidence to determine the issue of indigency. (c) The court shall appoint an attorney to represent the person if the court determines that the person is indigent. (d) The court shall allow an appointed or retained attorney at least 10 days after the date of the attorney's appointment or retention to respond to the movant's pl t the person is indigent. (d) The court shall allow an appointed or retained attorney at least 10 days after the date of the attorney's appointment or retention to respond to the movant's pleadings and to prepare for the hearing. The attorney may waive the preparation time Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 61, Subchapter B — ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGI or agree to a shorter period for preparation. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.054. COMPENSATION OF APPOINTED ATTORNEY. (a) An attorney appointed to represent an indigent person is entitled to a reasonable fee for services to be paid from the general fund of the county according to the schedule for compensation adopted by the county juvenile board. The attorney must meet the qualifications required of attorneys for appointment to Class B misdemeanor cases in juvenile court. (b) For purposes of compensation, a proceeding in the supreme court is the equivalent of a proceeding in the court of criminal appeals. (c) The juvenile court may order the parent or other eligible person for whom it has appointed counsel to reimburse the county for the fees the county pays to appointed counsel. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.055. CONDUCT OF ENFORCEMENT HEARING. (a) The juvenile court shall require that the enforcement hearing be recorded as provided by Section 54.09. (b) The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable and lawful court order as alleged in the motion for enforcement. (c) The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself. (d) The juvenile court shall conduct the enforcement hearing without against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself. (d) The juvenile court shall conduct the enforcement hearing without a jury. (e) The juvenile court shall include in its judgment findings as to each violation alleged in the motion for enforcement and the punishment, if any, to be imposed. (f) If the person against whom enforcement is sought was not represented by counsel during any previous court proceeding involving a motion for enforcement, the person may through counsel raise any defense or affirmative defense to the proceeding that could have been lodged in the previous court proceeding but was not because the person was not represented by counsel. (g) It is an affirmative defense to enforcement of a juvenile court order that the juvenile court did not provide the parent or other eligible person with due process of law in the proceeding in which the court entered the order. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY. (a) In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, it is an affirmative defense that the person was financially unable to pay. (b) The burden of proof to establish the affirmative defense of inability to pay is on the person asserting it. (c) In order to prevail on the affirmative defense of inability to pay, the person asserting it must show that the person could not have reasonably paid the court-ordered obligation after the person discharged the person's other important financial obligations, including payments for housing, food, utilities, necessary clothing, education, and preexisting debts. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.057. PUNISHMENT FOR CONT g payments for housing, food, utilities, necessary clothing, education, and preexisting debts. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.057. PUNISHMENT FOR CONTEMPT. (a) On a finding of contempt, the juvenile court may commit the person to the county jail for a term not to exceed six months or may impose a fine in an amount not to exceed $500, or both. (b) The court may impose only a single jail sentence not to exceed six months or a single fine not to exceed $500, or both, during an enforcement proceeding, without regard to whether the court has entered multiple findings of contempt. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 61, Subchapter B — ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGI (c) On a finding of contempt in an enforcement proceeding, the juvenile court may, instead of issuing a commitment to jail, enter an order requiring the person's future conduct to comply with the court's previous orders. (d) Violation of an order entered under Subsection (c) may be the basis of a new enforcement proceeding. (e) The juvenile court may assign a juvenile probation officer to assist a person in complying with a court order issued under Subsection (c). (f) A juvenile court may reduce a term of incarceration or reduce payment of all or part of a fine at any time before the sentence is fully served or the fine fully paid. (g) A juvenile court may reduce the burden of complying with a court order issued under Subsection (c) at any time before the order is fully satisfied, but may not increase the burden except following a new finding of contempt in a new enforcement proceeding. 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 3