Tex. Fam. Code § 65.251-65.257

TEXAS FAMILY CODE Chapter 65, Subchapter F — ENFORCEMENT OF ORDERS CHAPTER 65 • TRUANCY COURT PROCEEDINGS Subchapter F: ENFORCEMENT OF ORDERS Sec. 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(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(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 interve 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. (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(a). Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.252. PROCEEDINGS IN JUVENILE COURT. (a) After a referral by the local juvenile probation department, the juvenile court prosecutor shall determine if probable cause exists to believe that the child engaged in direct contempt of court or failed to obey an order of the truancy court under circumstances that would constitute contempt of court. On a finding that probable cause exists, the prosecutor shall determine whether to request an adjudication. Not later than the 20th day after the date the juvenile court receives a request for adjudication from the prosecutor, the juvenile court shall conduct a hearing to determine if the child engaged in conduct that constitutes contempt of the order issued by the truancy court or engaged in direct contempt of court. (b) If the juvenile court finds that the ch termine if the child engaged in conduct that constitutes contempt of the order issued by the truancy court or engaged in direct contempt of court. (b) If the juvenile court finds that the child engaged in conduct that constitutes contempt of the order issued by the truancy court or direct contempt of court, the juvenile court shall: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 65, Subchapter F — ENFORCEMENT OF ORDERS (1) enter an order requiring the child to comply with the truancy court's order; (2) forward a copy of the order to the truancy court within five days; and (3) admonish the child, orally and in writing, of the consequences of subsequent referrals to the juvenile court, including: (A) a possible charge of delinquent conduct for contempt of the truancy court's order or direct contempt of court; and (B) a possible detention hearing. (c) If the juvenile court prosecutor finds that probable cause does not exist to believe that the child engaged in direct contempt or in conduct that constitutes contempt of the order issued by the truancy court, or if the juvenile probation department finds that extenuating circumstances caused the original truancy referral, the juvenile court shall enter an order requiring the child's continued compliance with the truancy court's order and notify the truancy court not later than the fifth day after the date the order is entered. (d) This section does not limit the discretion of a juvenile prosecutor or juvenile court to prosecute a child for conduct under Section 51.03. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.253. PARENT OR OTHER PERSON IN CONTEMPT OF COURT. (a) A truancy court may enforce the following orders by contempt: (1) an order that a parent of a child, guardian of a child, or any court-appointed guardian ad litem of a child attend an adjudicatio ) A truancy court may enforce the following orders by contempt: (1) an order that a parent of a child, guardian of a child, or any court-appointed guardian ad litem of a child attend an adjudication hearing under Section 65.062(b); (2) an order requiring a person other than a child to take a particular action under Section 65.105(a); (3) an order that a child's parent, or other person responsible to support the child, reimburse the municipality or county for the cost of the guardian ad litem appointed for the child under Section 65.061(c); and (4) an order that a parent, or person other than the child, pay the $50 court cost under Section 65.107. (b) A truancy court may find a parent or person other than the child in direct contempt of the court. (c) The penalty for a finding of contempt under Subsection (a) or (b) is a fine in an amount not to exceed $100. (d) In addition to the assessment of a fine under Subsection (c), direct contempt of the truancy court by a parent or person other than the child is punishable by: (1) confinement in jail for a maximum of three days; (2) a maximum of 40 hours of community service; or (3) both confinement and community service. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.254. WRIT OF ATTACHMENT. A truancy court may issue a writ of attachment for a person who violates an order entered under Section 65.057(c). The writ of attachment is executed in the same manner as in a criminal proceeding as provided by Chapter 24, Code of Criminal Procedure. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.255. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON. (a) The truancy court shall: (1) provide notice to a person who is the subject of a proposed truancy court order under Section 65.253; and (2) provide a sufficient opportunity for the person to be heard regarding the proposed order. (b) A t otice to a person who is the subject of a proposed truancy court order under Section 65.253; and (2) provide a sufficient opportunity for the person to be heard regarding the proposed order. (b) A truancy court order under Section 65.253 must be in writing and a copy promptly furnished to the parent or other eligible person. (c) The truancy 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 similar indicia of identity. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 65, Subchapter F — ENFORCEMENT OF ORDERS Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.256. APPEAL. (a) The parent or other eligible person against whom a final truancy court order has been entered under Section 65.253 may appeal as provided by law from judgments entered by a justice court in civil cases. (b) Rule 506, Texas Rules of Civil Procedure, applies to an appeal under this section, except an appeal bond is not required. (c) The pendency of an appeal initiated under this section does not abate or otherwise affect the proceedings in the truancy court involving the child. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.257. MOTION FOR ENFORCEMENT. (a) The state may initiate enforcement of a truancy court order under Section 65.253 against a parent or person other than the child 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) T 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 state must allege the particular violation by the person of the truancy court order that the state had a reasonable basis for believing the person was violating when the motion was filed. (c) The truancy court may also initiate enforcement of an order under this section on its own motion. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.258. NOTICE AND APPEARANCE. (a) On the filing of a motion for enforcement, the truancy 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 enforcement, the truancy 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 truancy court may not hold the person in contempt, but may issue a warrant for the arrest of the person. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.259. CONDUCT OF ENFORCEMENT HEARING. (a) The movant must prove beyond a reasonable doubt that the person against whom enfo Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Sec. 65.259. CONDUCT OF ENFORCEMENT HEARING. (a) 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. (b) The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself. (c) The truancy court shall conduct the enforcement hearing without a jury. (d) The truancy court shall include in the court's judgment: (1) findings for each violation alleged in the motion for enforcement; and (2) the punishment, if any, to be imposed. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 65, Subchapter F — ENFORCEMENT OF ORDERS (e) 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 asserted in the previous court proceeding that was not asserted because the person was not represented by counsel. (f) It is an affirmative defense to enforcement of a truancy court order under Section 65.253 that the 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 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4