Tex. Fam. Code § 61.101-61.107

TEXAS FAMILY CODE Chapter 61, Subchapter C — RIGHTS OF PARENTS CHAPTER 61 • RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS Subchapter C: RIGHTS OF PARENTS Sec. 61.101. DEFINITION. In this subchapter, "parent" includes the guardian or custodian of a child. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.102. RIGHT TO BE INFORMED OF PROCEEDING. (a) The parent of a child referred to a juvenile court is entitled as soon as practicable after the referral to be informed by staff designated by the juvenile board, based on the information accompanying the referral to the juvenile court, of: (1) the date and time of the offense; (2) the date and time the child was taken into custody; (3) the name of the offense and its penal category; (4) the type of weapon, if any, that was used; (5) the type of property taken or damaged and the extent of damage, if any; (6) the physical injuries, if any, to the victim of the offense; (7) whether there is reason to believe that the offense was gang-related; (8) whether there is reason to believe that the offense was related to consumption of alcohol or use of an illegal controlled substance; (9) if the child was taken into custody with adults or other juveniles, the names of those persons; (10) the aspects of the juvenile court process that apply to the child; (11) if the child is in detention, the visitation policy of the detention facility that applies to the child; (12) the child's right to be represented by an attorney and the local standards and procedures for determining whether the parent qualifies for appointment of counsel to represent the child; and (13) the methods by which the parent can assist the child with the legal process. (b) If the child was released on field release citation, or from the law enf sel to represent the child; and (13) the methods by which the parent can assist the child with the legal process. (b) If the child was released on field release citation, or from the law enforcement station by the police, by intake, or by the judge or associate judge at the initial detention hearing, the information required by Subsection (a) may be communicated to the parent in person, by telephone, or in writing. (c) If the child is not released before or at the initial detention hearing, the information required by Subsection (a) shall be communicated in person to the parent unless that is not feasible, in which event it may be communicated by telephone or in writing. (d) Information disclosed to a parent under Subsection (a) is not admissible in a judicial proceeding under this title as substantive evidence or as evidence to impeach the testimony of a witness for the state. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.103. RIGHT OF ACCESS TO CHILD. (a) The parent of a child taken into custody for delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court has the right to communicate in person privately with the child for reasonable periods of time while the child is in: (1) a juvenile processing office; (2) a secure detention facility; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 61, Subchapter C — RIGHTS OF PARENTS (3) a secure correctional facility; (4) a court-ordered placement facility; or (5) the custody of the Texas Juvenile Justice Department. (b) The time, place, and conditions of the private, in-person communication may be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility. Added by Acts 2003, 78th Leg., ch. 283, f the private, in-person communication may be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 76, eff. September 1, 2015. Sec. 61.104. PARENTAL WRITTEN STATEMENT. (a) When a petition for adjudication, a motion or petition to modify disposition, or a motion or petition for discretionary transfer to criminal court is served on a parent of the child, the parent must be provided with a form prescribed by the Texas Juvenile Justice Department on which the parent can make a written statement about the needs of the child or family or any other matter relevant to disposition of the case. (b) The parent shall return the statement to the juvenile probation department, which shall transmit the statement to the court along with the discretionary transfer report authorized by Section 54.02(e), the disposition report authorized by Section 54.04(b), or the modification of disposition report authorized by Section 54.05(e), as applicable. The statement shall be disclosed to the parties as appropriate and may be considered by the court at the disposition, modification, or discretionary transfer hearing. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 77, eff. September 1, 2015. Sec. 61.105. PARENTAL ORAL STATEMENT. (a) After all the evidence has been received but before the arguments of counsel at a hearing for discretionary transfer to criminal court, a disposition hearing without a jury, or a modification of disposition hearing, the court shall give a parent who is present in court a reasonable opportunity to address the court about the needs or strengths of the child or family or any other matter relevant to disposition of the case. (b) The parent may not be required to ma rt a reasonable opportunity to address the court about the needs or strengths of the child or family or any other matter relevant to disposition of the case. (b) The parent may not be required to make the statement under oath and may not be subject to cross-examination, but the court may seek clarification or expansion of the statement from the person giving the statement. (c) The court may consider and act on the statement as the court considers appropriate. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.106. APPEAL OR COLLATERAL CHALLENGE. The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for: (1) appeal; (2) an application for a post-adjudication writ of habeas corpus; or (3) exclusion of evidence against the child in any proceeding or forum. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Sec. 61.107. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by the court, an employee of a juvenile probation department, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed in this chapter. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 61, Subchapter C — RIGHTS OF PARENTS Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 78, eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3