Texas Code of Criminal Procedure 45.311 – Referral to Court
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(a) A court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45.309 or 45.310 and is referred to the court.
(b) The hearing is an opportunity for a justice or judge to confer with the child and the child’s parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community.
Terms Used In Texas Code of Criminal Procedure 45.311
- Continuance: Putting off of a hearing ot trial until a later time.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) After the hearing, a court may enter an order:
(1) amending or setting aside terms in the diversion agreement;
(2) extending the diversion for a period not to exceed one year from the initial start date of the diversion;
(3) issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;
(4) subject to Subsection (d), requiring the child’s parent to perform any act or refrain from performing any act as the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;
(5) finding the diversion successful on the basis of substantial compliance; or
(6) finding the diversion unsuccessful and:
(A) transferring the child to juvenile court for alleged conduct indicating a need for supervision under § 51.08, Family Code; or
(B) referring the charge to the prosecutor for consideration of re-filing.
(d) An order under Subsection (c)(4) may not have the substantive effect of interfering with a parent’s fundamental right to determine how to raise the parent’s child, unless the court finds that the interference is necessary to prevent significant impairment of the child’s physical, mental, or emotional health.
(e) An order under Subsection (c)(4) is enforceable against the parent by contempt.
(f) The statute of limitations in Article 12.02(b) is tolled during the diversion period for purposes of Subsection (c)(6)(B).