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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Diversion strategies include:
(1) requiring a child to participate in a program, including:
(A) a court-approved teen court program operated by a service provider;
(B) a school-related program;
(C) an educational program, including an alcohol awareness program, a tobacco awareness program, or a drug education program;
(D) a rehabilitation program; or
(E) a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution;
(2) referring a child to a service provider for services, including:
(A) at-risk youth services under Subchapter D, Chapter 264, Family Code;
(B) juvenile case manager services under Article 45.056;
(C) work and job skills training, including job interviewing and work preparation;
(D) academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111, Education Code;
(E) community-based services;
(F) mental health screening and clinical assessment;
(G) counseling, including private or in-school counseling; or
(H) mentoring services;
(3) requiring a child to:
(A) participate in mediation or other dispute resolution processes;
(B) submit to alcohol or drug testing; or
(C) substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and
(4) requiring a child, by court order, to:
(A) pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code;
(B) perform not more than 20 hours of community service; or
(C) perform any other reasonable action determined by the court.
(b) A diversion strategy may be imposed under:
(1) an intermediate diversion under Article 45.309;
(2) a diversion by a justice or judge under Article 45.310; or
(3) a system of graduated sanctions for certain school offenses under Section 37.144, Education Code.
(c) A diversion strategy under this subchapter may not require a child who is a home-schooled student, as defined by Section 29.916, Education Code, to:
(1) attend an elementary or secondary school; or
(2) use an educational curriculum other than the curriculum selected by the parent.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 45.305. Diversion Strategies - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45-305/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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