(a) When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision and the juvenile court has made a finding that the child is in need of rehabilitation or that the protection of the public or the child requires that disposition be made, the juvenile court, on notice by any reasonable method to all persons affected, may:
(1) order any person found by the juvenile court to have, by a wilful act or omission, contributed to, caused, or encouraged the child’s delinquent conduct or conduct indicating a need for supervision to do any act that the juvenile court determines to be reasonable and necessary for the welfare of the child or to refrain from doing any act that the juvenile court determines to be injurious to the welfare of the child;(2) enjoin all contact between the child and a person who is found to be a contributing cause of the child’s delinquent conduct or conduct indicating a need for supervision;(3) after notice and a hearing of all persons affected order any person living in the same household with the child to participate in social or psychological counseling to assist in the rehabilitation of the child and to strengthen the child’s family environment; or(4) after notice and a hearing of all persons affected order the child’s parent or other person responsible for the child’s support to pay all or part of the reasonable costs of treatment programs in which the child is required to participate during the period of probation if the court finds the child’s parent or person responsible for the child’s support is able to pay the costs.(b) If a child is found to have engaged in delinquent conduct or conduct indicating a need for supervision arising from the commission of an offense in which property damage or loss or personal injury occurred, the juvenile court, on notice to all persons affected and on hearing, may order the child or a parent to make full or partial restitution to the victim of the offense. The program of restitution must promote the rehabilitation of the child, be appropriate to the age and physical, emotional, and mental abilities of the child, and not conflict with the child’s schooling. When practicable and subject to court supervision, the court may approve a restitution program based on a settlement between the child and the victim of the offense. An order under this subsection may provide for periodic payments by the child or a parent of the child for the period specified in the order but except as provided by Subsection (h), that period may not extend past the date of the 18th birthday of the child or past the date the child is no longer enrolled in an accredited secondary school in a program leading toward a high school diploma, whichever date is later.(c) Restitution under this section is cumulative of any other remedy allowed by law and may be used in addition to other remedies; except that a victim of an offense is not entitled to receive more than actual damages under a juvenile court order.(d) A person subject to an order proposed under Subsection (a) of this section is entitled to a hearing on the order before the order is entered by the court.(e) An order made under this section may be enforced as provided by Section 54.07 of this code.(f) [Repealed by 2015 amendment.](g) [Repealed by 2015 amendment.](h) If the juvenile court places the child on probation in a determinate sentence proceeding initiated under Section 53.045 and transfers supervision on the child’s 19th birthday to a district court for placement on community supervision, the district court shall require the payment of any unpaid restitution as a condition of the community supervision. The liability of the child’s parent for restitution may not be extended by transfer to a district court for supervision.
Tex. Fam. Code ยง 54.041
Amended by Acts 2015, Texas Acts of the 84th Leg. – Regular Session, ch. 935,Sec. 41, eff. 9/1/2015.Amended By Acts 2011, 82nd Leg., R.S., Ch. 438, Sec. 4, eff. September 1, 2011.Amended By Acts 2003, 78th Leg., ch. 283, Sec. 19, eff. Sept. 1, 2003.Amended By Acts 2001, 77th Leg., ch. 1297, Sec. 24, eff. Sept. 1, 2001Amended By Acts 2001, 77th Leg., ch. 1514, Sec. 15, eff. Sept. 1, 2001Amended By Acts 1997, 75th Leg., ch. 165, Sec. 6.09, eff. Sept. 1, 1997Amended By Acts 1995, 74th Leg., ch. 262, Sec. 39, eff. Jan. 1, 1996Amended By Acts 1989, 71st Leg., ch. 1170, Sec. 3, eff. June 16, 1989Amended By Acts 1983, 68th Leg., p. 3262, ch. 565, Sec. 3, eff. Sept. 1, 1983Amended By Acts 1983, 68th Leg., p. 528, ch. 110, Sec. 1, eff. Aug. 29, 1983Amended by Acts 1979, 66th Leg., p. 338, ch. 154, Sec. 2, eff. Sept. 1, 1979Added by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 18, eff. Sept. 1, 1975.
