The Texas Youth Commission is not liable for a failure or inability to provide a right listed in this chapter....watt?

Please remember people, to assert a right is your God given RIGHT, use it or lose it.

If you do not speak up for yourself, who will? you and your child have the right to an attorney:

§ 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. Since when does a child who Skips class have to ask for ask for an attorney. why are the principals being paid the highest salary on campus if they can not discipline nor catch and require accountability by the student?

i truly believe there are some who want to enter orders against families and anyone else eligible but a child skipping is criminal? then the principals are sorely overpaid for they are not doing their JOB. Security and safety should be Job 1 when it comes to the responsibility of being paid and trusted by the parents.
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~FAMILY CODE

CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS

SUBCHAPTER A. ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE PERSONS



§ 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, § 28, eff. Sept. 1, 2003.


§ 61.002. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies to a proceeding to enter a
juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) for payment of graffiti eradication fees under
Section 54.0461;
(4) for community service under Section 54.044(b);
(5) for payment of costs of court under Section
54.0411 or other provisions of law;
(6) requiring the person to refrain from doing any act
injurious to the welfare of the child under Section 54.041(a)(1);
(7) enjoining contact between the person and the child
who is the subject of a proceeding under Section 54.041(a)(2);
(8) ordering a person living in the same household
with the child to participate in counseling under Section
54.041(a)(3);
(9) requiring a parent or guardian of a child found to
be truant to participate in an available program addressing truancy
under Section 54.041(f);
(10) requiring a parent or other eligible person to
pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(11) requiring the parent or other eligible person to
reimburse the county for payments the county has made to an attorney
appointed to represent the child under Section 51.10(j);
(12) requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(13) requiring a parent or other eligible person to
attend a court hearing under Section 51.115;
(14) 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
(15) 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.
(b) This subchapter does not apply to the entry and
enforcement of a child support order under Section 54.06.

Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.


§ 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.
(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 similar indicia of identity.

Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.


§ 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. 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, § 26, eff. Sept. 1, 2005.


§ 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, § 28, eff. Sept. 1, 2003.
SUBCHAPTER B. ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON



§ 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, § 28, eff. Sept. 1, 2003.


§ 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 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, § 28, eff. Sept. 1, 2003.


§ 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 pleadings and to prepare for
the hearing. The attorney may waive the preparation time or agree
to a shorter period for preparation.

Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.


§ 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, § 28, eff. Sept. 1, 2003.


§ 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 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, § 28, eff. Sept. 1, 2003.


§ 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, § 28, eff. Sept. 1, 2003.


§ 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.
(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, § 28, eff. Sept. 1, 2003.
SUBCHAPTER C. RIGHTS OF PARENTS



§ 61.101. DEFINITION. In this subchapter, "parent"
includes the guardian or custodian of a child.

Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.


§ 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 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, § 28, eff. Sept. 1, 2003.


§ 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;
(3) a secure correctional facility;
(4) a court-ordered placement facility; or
(5) the custody of the Texas Youth Commission.
(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, § 28, eff. Sept. 1, 2003.


§ 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 Probation
Commission 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, § 28, eff. Sept. 1, 2003.


§ 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 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, § 28, eff. Sept. 1, 2003.


§ 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, § 28, eff. Sept. 1, 2003.


§ 61.107. LIABILITY. The Texas Youth Commission, 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, § 28, eff. Sept. 1, 2003.