Texas § FA.54.044 - COMMUNITY SERVICE

§ FA.54.044. COMMUNITY SERVICE

COMMUNITY SERVICE. (a) If the court places a child on probation under Section 54.04 (d), the court shall require as a condition of probation that the child work a specified number of hours at a community service project approved by the court and designated by the juvenile probation department as provided by Subsection (e), unless the court determines and enters a finding on the order placing the child on probation that: (1) the child is physically or mentally incapable of participating in the project; (2) participating in the project will be a hardship on the child or the family of the child; or (3) the child has shown good cause that community service should not be required. (b) The court may also order under this section that the child's parent perform community service with the child. (c) The court shall order that the child and the child's parent perform a total of not more than 500 hours of community service under this section. (d) A municipality or county that establishes a program to assist children and their parents in rendering community service under this section may purchase insurance policies protecting the municipality or county against claims brought by a person other than the child or the child's parent for a cause of action that arises from an act of the child or parent while rendering community service. The municipality or county is not liable under this section to the extent that damages are recoverable under a contract of insurance or under a plan of self-insurance authorized by statute. The liability of the municipality or county for a cause of action that arises from an action of the child or the child's parent while rendering community service may not exceed $100,000 to a single person and $300,000 for a single occurrence in the case of personal injury or death, and $10,000 for a single occurrence of property damage. Liability may not extend to punitive or exemplary damages. This subsection does not waive a defense, immunity, or jurisdictional bar available to the municipality or county or its officers or employees, nor shall this section be construed to waive, repeal, or modify any provision of Chapter 101 , Civil Practice and Remedies Code. (e) For the purposes of this section, a court may submit to the juvenile probation department a list of organizations or projects approved by the court for community service. The juvenile probation department may: (1) designate an organization or project for community service only from the list submitted by the court; and (2) reassign or transfer a child to a different organization or project on the list submitted by the court under this subsection without court approval. (f) A person subject to an order proposed under Subsection (a) or (b) is entitled to a hearing on the order before the order is entered by the court. (g) On a finding by the court that a child's parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite the parents' or guardians' efforts, the child continues to engage in such conduct, the court shall waive any requirement for community service that may be imposed on a parent under this section. (h) An order made under this section may be enforced as provided by Section 54.07 . (i) In a disposition hearing under Section 54.04 in which the court finds that a child engaged in conduct violating Section 521.453 , Transportation Code, the court, in addition to any other order authorized under this title and if the court is located in a municipality or county that has established a community service program, may order the child to perform eight hours of community service as a condition of probation under Section 54.04 (d) unless the child is shown to have previously engaged in conduct violating Section 521.453 , Transportation Code, in which case the court may order the child to perform 12 hours of community service. Added by Acts 1995, 74th Leg., ch. 262, Sec. 41, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1358, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 25, eff. Sept. 1, 2001.