Sec. 54.05. HEARING TO MODIFY DISPOSITION. (a) Except as provided by Subsection (a-1), any disposition, except a commitment to the Texas Juvenile Justice Department, may be modified by the juvenile court as provided in this section until:
(1) the child reaches:
(A) the child's 18th birthday; or
(B) the child's 19th birthday, if the child was placed on determinate sentence probation under Section 54.04(q); or
(2) the child is earlier discharged by the court or operation of law.
(a-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(b) Except for a commitment to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011 or a placement on determinate sentence probation under Section 54.04(q), all dispositions automatically terminate when the child reaches the child's 18th birthday.
(c) There is no right to a jury at a hearing to modify disposition.
(d) A hearing to modify disposition shall be held on the petition of the child and his parent, guardian, guardian ad litem, or attorney, or on the petition of the state, a probation officer, or the court itself. Reasonable notice of a hearing to modify disposition shall be given to all parties.
(e) After the hearing on the merits or facts, the court may consider written reports from probation officers, professional court employees, guardians ad litem appointed under Section 51.11(d), or professional consultants in addition to the testimony of other witnesses. On or before the second day before the date of the hearing to modify disposition, the court shall provide the attorney for the child and the prosecuting attorney with access to all written matter to be considered by the court in deciding whether to modify disposition. The court may order counsel not to reveal items to the child or the child's parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(f) Except as provided by Subsection (j), a disposition based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony may be modified so as to commit the child to the Texas Juvenile Justice Department or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, if the court after a hearing to modify disposition finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court. A disposition based on a finding that the child engaged in habitual felony conduct as described by Section 51.031 or in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) may be modified to commit the child to the Texas Juvenile Justice Department or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, with a possible transfer to the Texas Department of Criminal Justice for a definite term prescribed by, as applicable, Section 54.04(d)(3) or Section 152.0016(g), Human Resources Code, if the original petition was approved by the grand jury under Section 53.045 and if after a hearing to modify the disposition the court finds that the child violated a reasonable and lawful order of the court.
(g) Except as provided by Subsection (j), a disposition based solely on a finding that the child engaged in conduct indicating a need for supervision may not be modified to commit the child to the Texas Juvenile Justice Department. A new finding in compliance with Section 54.03 must be made that the child engaged in delinquent conduct that meets the requirements for commitment under Section 54.04.
(h) A hearing shall be held prior to placement in a post-adjudication secure correctional facility for a period longer than 30 days or commitment to the Texas Juvenile Justice Department as a modified disposition. In other disposition modifications, the child and the child's parent, guardian, guardian ad litem, or attorney may waive hearing in accordance with Section 51.09.
(i) The court shall specifically state in the order its reasons for modifying the disposition and shall furnish a copy of the order to the child.
(j) If, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q), the court may modify the disposition to commit the child to the Texas Juvenile Justice Department under Section 54.04(d)(3) or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, for a term that does not exceed the original sentence assessed by the court or jury.
(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64(2), eff. June 8, 2007.
(l) The court may extend a period of probation under this section at any time during the period of probation or, if a motion for revocation or modification of probation is filed before the period of supervision ends, before the first anniversary of the date on which the period of probation expires.
(m) If the court places the child on probation outside the child's home or commits the child to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, the court:
(1) shall include in the court's order a determination that:
(A) it is in the child's best interests to be placed outside the child's home;
(B) reasonable efforts were made to prevent or eliminate the need for the child's removal from the child's home and to make it possible for the child to return home; and
(C) the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation; and
(2) may approve an administrative body to conduct a permanency hearing pursuant to 42 U.S.C. Section 675 if required during the placement or commitment of the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1979, 66th Leg., p. 1829, ch. 743, Sec. 1, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 162, ch. 44, art. 1, Sec. 4, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, Sec. 10, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 557, Sec. 3, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 42, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1448, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 11, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 27, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 5.002, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 15, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 9, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 64(2), eff. June 8, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 4, eff. December 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 54, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 21, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 5, eff. September 1, 2021.
Notes of Decisions
Cited in
278
cases (
27 in the last 5 years), 1975–2026 · leading case:
In re R.A., 465 S.W.3d 728 (Tex. App.—Houston [14th Dist.] 2015).
In re R.A., 465 S.W.3d 728 (Tex. App.—Houston [14th Dist.] 2015).
· cites it 4× “See Tex. Family Code Ann. § 54.05 (a), 54.05(a) (West, Westlaw through 2013 3d C.”
In re E.K.G., 487 S.W.3d 670 (Tex. App.—San Antonio 2016).
· cites it 2× “See Tex. Fam. Code Ann. § 54.04 (West Supp.2015) (disposition hearing); see also In re P.”
In re J.M., 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
· cites it 8× “When a juvenile has previously engaged in delinquent conduct, the trial court may modify the original sentence to commit the juvenile to TYC if the trial court determines, by a preponderance of the evidence, that the juvenile subsequently violated a reasonable and lawful order…”
In the Matter of M.O., Jr., a Juv., 451 S.W.3d 910 (Tex. App.—El Paso 2014).
· cites it 5× “See Tex. Fam.Code Ann. § 54.05. A juvenile court that modifies a prior disposition and commits a child to TJJD is required to recite in its order a determination that: (1) it is in the child’s best interests to be placed outside the child’s home; (2) reasonable efforts were made…”
in the Matter of v. L. T., a Juv., 570 S.W.3d 867 (Tex. App.—El Paso 2018).
· cites it 3× “See TEX.FAM.CODE ANN. § 54.05(f). The court must include in its order, however, a determination that (A) it is in the child’s best interests to be placed outside the child’s home, (B) reasonable efforts were made to avoid removal from the home, and (C) the child’s home cannot…”
In re P.E.C., 211 S.W.3d 368 (Tex. App.—San Antonio 2006).
· cites it 2× “Tex. Fam. Code Ann. § 54.05 (m) (Vernon Supp.”
In the Matter of U.G v. a Juv., 199 S.W.3d 1 (Tex. App.—El Paso 2005).
· cites it 10× “In order to modify a disposition so as to commit the child to the Texas Youth Commission, that disposition must be: (1) based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony or (2) if…”
In the MATTER OF J.M.D.D.L.C., a Juv., 457 S.W.3d 205 (Tex. App.—El Paso 2015).
· cites it 5× “Standard of Review and Applicable Law Once a juvenile has been adjudicated delinquent and placed on probation at a disposition hearing, Tex.Fam.Code Ann. § 54.05 et seq. governs modifications of the disposition order.”
In re L.R., 67 S.W.3d 332 (Tex. App.—El Paso 2001).
· cites it 3× “Tex.Fam.Code Ann. § 54.05(f). At least three courts of appeals have held that the mandatory findings required by Section 54.”
In re N.J. A., 997 S.W.2d 554 (Tex. 1999).
· cites it 4× “See Tex Fam. Code § 54.05(a), (b). Because an adjudication must necessarily precede a disposition, and the juvenile court does not have the authority to conduct a disposition hearing of a juvenile once she is eighteen years old, it follows that the juvenile court does not have…”
Tex. Fam. Code § 54.05(7): 1 case
Tex. Fam. Code § 54.05(a): 14 cases
In re R.A., 465 S.W.3d 728 (Tex. App.—Houston [14th Dist.] 2015).
“See Tex. Family Code Ann. § 54.05 (a), 54.05(a) (West, Westlaw through 2013 3d C.”
In re N.J. A., 997 S.W.2d 554 (Tex. 1999).
“See Tex Fam. Code § 54.05(a), (b). Because an adjudication must necessarily precede a disposition, and the juvenile court does not have the authority to conduct a disposition hearing of a juvenile once she is eighteen years old, it follows that the juvenile court does not have…”
In the Matter of U.G v. a Juv., 199 S.W.3d 1 (Tex. App.—El Paso 2005).
“In order to modify a disposition so as to commit the child to the Texas Youth Commission, that disposition must be: (1) based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony or (2) if…”
Tex. Fam. Code § 54.05(b): 10 cases
In re R.A., 465 S.W.3d 728 (Tex. App.—Houston [14th Dist.] 2015).
“See Tex. Family Code Ann. § 54.05 (a), 54.05(a) (West, Westlaw through 2013 3d C.”
In re N.J. A., 997 S.W.2d 554 (Tex. 1999).
“See Tex Fam. Code § 54.05(a), (b). Because an adjudication must necessarily precede a disposition, and the juvenile court does not have the authority to conduct a disposition hearing of a juvenile once she is eighteen years old, it follows that the juvenile court does not have…”
In re L.G., 728 S.W.2d 939 (Tex. App.—Austin 1987).
Tex. Fam. Code § 54.05(c): 3 cases
In re S.H., 846 S.W.2d 103 (Tex. App.—Corpus Christi 1992).
Matter of SH, 846 S.W.2d 103 (Tex. App.—Corpus Christi 1992).
Tex. Fam. Code § 54.05(d): 7 cases
In re X.B., 369 S.W.3d 350 (Tex. App.—Texarkana 2012).
In Re Maw, 55 S.W.3d 101 (Tex. App.—Amarillo 2001).
Tex. Fam. Code § 54.05(e): 11 cases
In the MATTER OF J.M.D.D.L.C., a Juv., 457 S.W.3d 205 (Tex. App.—El Paso 2015).
“Standard of Review and Applicable Law Once a juvenile has been adjudicated delinquent and placed on probation at a disposition hearing, Tex.Fam.Code Ann. § 54.05 et seq. governs modifications of the disposition order.”
In Re Ed, 127 S.W.3d 860 (Tex. App.—Austin 2004).
Tex. Fam. Code § 54.05(f): 99 cases
in the Matter of v. L. T., a Juv., 570 S.W.3d 867 (Tex. App.—El Paso 2018).
“See TEX.FAM.CODE ANN. § 54.05(f). The court must include in its order, however, a determination that (A) it is in the child’s best interests to be placed outside the child’s home, (B) reasonable efforts were made to avoid removal from the home, and (C) the child’s home cannot…”
In re J.M., 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
“When a juvenile has previously engaged in delinquent conduct, the trial court may modify the original sentence to commit the juvenile to TYC if the trial court determines, by a preponderance of the evidence, that the juvenile subsequently violated a reasonable and lawful order…”
Tex. Fam. Code § 54.05(g): 4 cases
In re J.M., 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
“When a juvenile has previously engaged in delinquent conduct, the trial court may modify the original sentence to commit the juvenile to TYC if the trial court determines, by a preponderance of the evidence, that the juvenile subsequently violated a reasonable and lawful order…”
In Re Jm, 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
Tex. Fam. Code § 54.05(h): 3 cases
In re S.H., 846 S.W.2d 103 (Tex. App.—Corpus Christi 1992).
Matter of SH, 846 S.W.2d 103 (Tex. App.—Corpus Christi 1992).
Tex. Fam. Code § 54.05(i): 17 cases
In re L.R., 67 S.W.3d 332 (Tex. App.—El Paso 2001).
“Tex.Fam.Code Ann. § 54.05(f). At least three courts of appeals have held that the mandatory findings required by Section 54.”
In re J.P., 150 S.W.3d 189 (Tex. App.—Fort Worth 2003).
In re M.S., 940 S.W.2d 789 (Tex. App.—Austin 1997).
In the MATTER OF J.M.D.D.L.C., a Juv., 457 S.W.3d 205 (Tex. App.—El Paso 2015).
“Standard of Review and Applicable Law Once a juvenile has been adjudicated delinquent and placed on probation at a disposition hearing, Tex.Fam.Code Ann. § 54.05 et seq. governs modifications of the disposition order.”
Tex. Fam. Code § 54.05(j): 16 cases
In re P.E.C., 211 S.W.3d 368 (Tex. App.—San Antonio 2006).
“Tex. Fam. Code Ann. § 54.05 (m) (Vernon Supp.”
In re L.R., 67 S.W.3d 332 (Tex. App.—El Paso 2001).
“Tex.Fam.Code Ann. § 54.05(f). At least three courts of appeals have held that the mandatory findings required by Section 54.”
In re A.N., 54 S.W.3d 487 (Tex. App.—Fort Worth 2001).
Tex. Fam. Code § 54.05(k): 8 cases
In the Matter of U.G v. a Juv., 199 S.W.3d 1 (Tex. App.—El Paso 2005).
“In order to modify a disposition so as to commit the child to the Texas Youth Commission, that disposition must be: (1) based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony or (2) if…”
In re N.P., 69 S.W.3d 300 (Tex. App.—Fort Worth 2002).
In Re Ugv, 199 S.W.3d 1 (Tex. App.—El Paso 2005).
In Re SB, 94 S.W.3d 717 (Tex. App.—San Antonio 2002).
Tex. Fam. Code § 54.05(l): 1 case
Tex. Fam. Code § 54.05(m): 13 cases
In re J.M., 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
“When a juvenile has previously engaged in delinquent conduct, the trial court may modify the original sentence to commit the juvenile to TYC if the trial court determines, by a preponderance of the evidence, that the juvenile subsequently violated a reasonable and lawful order…”
In the MATTER OF J.M.D.D.L.C., a Juv., 457 S.W.3d 205 (Tex. App.—El Paso 2015).
“Standard of Review and Applicable Law Once a juvenile has been adjudicated delinquent and placed on probation at a disposition hearing, Tex.Fam.Code Ann. § 54.05 et seq. governs modifications of the disposition order.”
In Re Jm, 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
Tex. Fam. Code § 54.05(m)(1): 11 cases
In Re ATM, 281 S.W.3d 67 (Tex. App.—El Paso 2008).
Tex. Fam. Code § 54.05(m)(1)(A): 4 cases
in the Matter of v. L. T., a Juv., 570 S.W.3d 867 (Tex. App.—El Paso 2018).
“See TEX.FAM.CODE ANN. § 54.05(f). The court must include in its order, however, a determination that (A) it is in the child’s best interests to be placed outside the child’s home, (B) reasonable efforts were made to avoid removal from the home, and (C) the child’s home cannot…”
In Re JRC, 236 S.W.3d 870 (Tex. App.—Texarkana 2007).
In Re D.L.S.W., No. 04-18-00807-CV, 2019 WL 2518157 (Tex. App.—San Antonio June 19, 2019).
Tex. Fam. Code § 54.05(m)(1)(B): 5 cases
In the Matter of M.O., Jr., a Juv., 451 S.W.3d 910 (Tex. App.—El Paso 2014).
“See Tex. Fam.Code Ann. § 54.05. A juvenile court that modifies a prior disposition and commits a child to TJJD is required to recite in its order a determination that: (1) it is in the child’s best interests to be placed outside the child’s home; (2) reasonable efforts were made…”
in the Matter of v. L. T., a Juv., 570 S.W.3d 867 (Tex. App.—El Paso 2018).
“See TEX.FAM.CODE ANN. § 54.05(f). The court must include in its order, however, a determination that (A) it is in the child’s best interests to be placed outside the child’s home, (B) reasonable efforts were made to avoid removal from the home, and (C) the child’s home cannot…”
In Re D.L.S.W., No. 04-18-00807-CV, 2019 WL 2518157 (Tex. App.—San Antonio June 19, 2019).
Tex. Fam. Code § 54.05(m)(1)(C): 4 cases
In Re D.L.S.W., No. 04-18-00807-CV, 2019 WL 2518157 (Tex. App.—San Antonio June 19, 2019).
Tex. Fam. Code § 54.05(m)(l): 2 cases
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