reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability › Section 55.44. Discretionary Transfer to Criminal Court on 18th Birthday of Child

Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD.  (a)  The juvenile court may waive its exclusive original jurisdiction and transfer all pending proceedings from the juvenile court to a criminal court on or after the 18th birthday of a child for whom the juvenile court or a court to which the child's case is referred has ordered inpatient mental health services or residential care for persons with an intellectual disability if:
(1)  the child is not discharged or currently on furlough from the facility before reaching 18 years of age; and
(2)  the child is alleged to have engaged in delinquent conduct that included a violation of a penal law listed in Section 53.045 and no adjudication concerning the alleged conduct has been made.
(b)  A court conducting a waiver of jurisdiction and discretionary transfer hearing under this section shall conduct the hearing according to Sections 54.02(j), (k), and (l).
(c)  If after the hearing the juvenile court waives its jurisdiction and transfers the case to criminal court, the juvenile court shall send notification of the transfer of a child under Subsection (a) to the facility.  The criminal court shall, before the 91st day after the date of the transfer, institute proceedings under Chapter 46B, Code of Criminal Procedure.  If those or any subsequent proceedings result in a determination that the defendant is competent to stand trial, the defendant may not receive a punishment for the delinquent conduct described by Subsection (a)(2) that results in confinement for a period longer than the maximum period of confinement the defendant could have received if the defendant had been adjudicated for the delinquent conduct while still a child and within the jurisdiction of the juvenile court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 35, Sec. 8, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 14, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.016, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability › Section 55.45. Standards of Care; Notice of Release or Furlough

Sec. 55.45.  STANDARDS OF CARE;  NOTICE OF RELEASE OR FURLOUGH.  (a)  If the juvenile court or a court to which the child's case is referred under Section 55.37(2) orders mental health services for the child, the child shall be cared for, treated, and released in accordance with Subtitle C, Title 7, Health and Safety Code, except that the administrator of a mental health facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that ordered mental health services or that referred the case to a court that ordered mental health services of the intent to discharge the child on or before the 10th day before the date of discharge.
(b)  If the juvenile court or a court to which the child's case is referred under Section 55.40(2) orders the intellectual disability services for the child to be provided at a residential care facility, the child shall be cared for, treated, and released in accordance with Subtitle D, Title 7, Health and Safety Code, except that the administrator of the residential care facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that ordered intellectual disability services for the child or that referred the case to a court that ordered intellectual disability services for the child of the intent to discharge or furlough the child on or before the 20th day before the date of discharge or furlough.
(c)  If the referred child, as described in Subsection (b), is alleged to have committed an offense listed in Article 42A.054, Code of Criminal Procedure, the administrator of the residential care facility shall apply, in writing, by certified mail, return receipt requested, to the juvenile court that ordered services for the child or that referred the case to a court that ordered services for the child and show good cause for any release of the child from the facility for more than 48 hours.  Notice of this request must be provided to the prosecuting attorney responsible for the case.  The prosecuting attorney, the juvenile, or the administrator may apply for a hearing on this application.  If no one applies for a hearing, the trial court shall resolve the application on the written submission.  The rules of evidence do not apply to this hearing.  An appeal of the trial court's ruling on the application is not allowed.  The release of a child described in this subsection without the express approval of the trial court is punishable by contempt.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 31, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 15, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.34, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.51. Lack of Responsibility for Conduct Determination; Examination

Sec. 55.51.  LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION;  EXAMINATION.  (a)  A child alleged by petition to have engaged in delinquent conduct or conduct indicating a need for supervision is not responsible for the conduct if at the time of the conduct, as a result of mental illness or an intellectual disability, the child lacks substantial capacity either to appreciate the wrongfulness of the child's conduct or to conform the child's conduct to the requirements of law.
(b)  On a motion by a party in which it is alleged that a child may not be responsible as a result of mental illness or an intellectual disability for the child's conduct, the court shall order the child to be examined under Section 55.04.  The information obtained from the examinations must include expert opinion as to:
(1)  whether the child is a child with mental illness or an intellectual disability;
(2)  whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability;
(3)  whether the child meets criteria for court-ordered mental health or intellectual disability services under Section 55.05 or 55.06; and
(4)  if applicable, the specific criteria the child meets under Subdivision (3).
(c)  The issue of whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability shall be tried to the court or jury in the adjudication hearing.
(d)  Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.
(e)  In its findings or verdict the court or jury must state whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability.
(f)  If the court or jury finds the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability, the court shall proceed under Section 55.52.
(g)  A child found to be not responsible for the child's conduct as a result of mental illness or an intellectual disability shall not be subject to proceedings under this title with respect to such conduct, other than proceedings under Section 55.52.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995.  Renumbered from Family Code Sec. 55.05 and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.018, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.52. Proceedings Following Finding of Lack of Responsibility for Conduct

Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR CONDUCT.  (a) If the court or jury finds that a child is not responsible for the child's conduct under Section 55.51 as a result of mental illness or an intellectual disability, the court shall:
(1)  provided that the child meets the inpatient mental health services or residential intellectual disability services criteria under Section 55.05 or 55.06, order the child placed with the Health and Human Services Commission for a period of not more than 90 days, which order may not specify a shorter period, for placement in a facility designated by the commission;
(2)  on application by the child's parent, guardian, or guardian ad litem, order the child placed in a private psychiatric inpatient facility or residential care facility for a period of not more than 90 days, which order may not specify a shorter period, but only if:
(A)  the child's lack of responsibility is a result of mental illness or an intellectual disability; and
(B)  the placement is agreed to in writing by the administrator of the facility; or
(3)  subject to Subsection (c), if the court determines that the child may be adequately treated or served in an alternative setting and finds that the child does not meet criteria for court-ordered inpatient mental health services or residential intellectual disability services under Section 55.05 or 55.06, order the child to receive treatment for mental illness or services for the child's intellectual disability, as appropriate, on an outpatient basis for a period of 90 days, with the possibility of extension as ordered by the court.
(b)  If the court orders a child placed in a private psychiatric inpatient facility or residential care facility under Subsection (a)(2) or in an alternative setting under Subsection (a)(3), the state or a political subdivision of the state may be ordered to pay any costs associated with the ordered services, subject to an express appropriation of funds for the purpose.
(c)  Before issuing an order described by Subsection (a)(3), the court shall consult with the local juvenile probation department, with local treatment or service providers, with the local mental health authority, and with the local intellectual and developmental disability authority to determine the appropriate treatment or services for the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.019, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 5, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.53. Transportation to and From Facility

Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If the court issues a placement order under Section 55.52(a)(1) or (2), the court shall order the probation department or sheriff's department to transport the child to the designated facility.
(b)  On receipt of a report from a facility to which a child has been transported under Subsection (a), the court shall order the probation department or sheriff's department to transport the child from the facility to the court.  If the child is not transported to the court before the 11th day after the date of the court's order, an authorized representative of the facility shall transport the child from the facility to the court.
(c)  The county in which the juvenile court is located shall reimburse the facility for the costs incurred in transporting the child to the juvenile court as required by Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.54. Information Required to Be Sent to Facility or Alternative Setting; Report to Court

Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.  (a)  If the juvenile court issues an order under Section 55.52(a), the court shall order the probation department to send copies of any information in the possession of the department and relevant to the issue of the child's mental illness or intellectual disability to the public or private facility or alternative setting, as appropriate.
(b)  Not later than the 75th day after the date the court issues an order under Section 55.52(a), the public or private facility or alternative setting, as appropriate, shall submit to the court a report that:
(1)  describes the treatment or services provided to the child by the facility or alternative setting; and
(2)  states the opinion of the director of the facility or alternative setting as to whether the child is a child with mental illness or an intellectual disability.
(c)  If the report under Subsection (b) states that the child is a child with mental illness or an intellectual disability, the report must include an opinion as to whether the child meets criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06.
(d)  The court shall send a copy of the report submitted under Subsection (b) to the prosecuting attorney and the attorney for the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.020, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 7, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.55. Report That Child Does Not Have Mental Illness or Intellectual Disability; Hearing on Objection

Sec. 55.55.  REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY;  HEARING ON OBJECTION.  (a)  If a report submitted under Section 55.54(b) states that a child does not have a mental illness or an intellectual disability, the juvenile court shall discharge the child unless:
(1)  an adjudication hearing was conducted concerning conduct that included a violation of a penal law listed in Section 53.045(a) and a petition was approved by a grand jury under Section 53.045; and
(2)  the prosecuting attorney objects in writing not later than the second day after the date the attorney receives a copy of the report under Section 55.54(c).
(b)  On objection by the prosecuting attorney under Subsection (a), the juvenile court shall hold a hearing without a jury to determine whether the child is a child with mental illness or an intellectual disability and whether the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06.
(c)  At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06.
(d)  If, after a hearing, the court finds that the child does not have a mental illness or an intellectual disability and that the child does not meet the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall discharge the child.
(e)  If, after a hearing, the court finds that the child has a mental illness or an intellectual disability and that the child meets the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.021, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.56. Report That Child Has Mental Illness; Initiation of Proceedings for Court-Ordered Mental Health Services

Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES.  If a report submitted under Section 55.54(b) states that a child is a child with mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05, the director of the public or private facility or alternative setting, as appropriate, shall submit to the court two certificates of medical examination for mental illness, as described by Subchapter A, Chapter 574, Health and Safety Code.  On receipt of the certificates, the court shall:
(1)  initiate proceedings as provided by Section 55.66 in the juvenile court for court-ordered mental health services for the child under Subtitle C, Title 7, Health and Safety Code; or
(2)  refer the child's case as provided by Section 55.68 to the appropriate court for the initiation of proceedings in that court for court-ordered mental health services for the child under Subtitle C, Title 7, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability › Section 55.59. Report That Child Has Intellectual Disability; Initiation of Proceedings for Court-Ordered Residential Intellectual Disability Services

Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY; INITIATION OF PROCEEDINGS FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES.  If a report submitted under Section 55.54(b) states that a child is a child with an intellectual disability and that the child meets the criteria for court-ordered residential intellectual disability services under Section 55.06, the director of the residential care facility or alternative setting shall submit to the court an affidavit stating the conclusions reached as a result of the diagnosis.  On receipt of an affidavit, the juvenile court shall:
(1)  initiate proceedings in the juvenile court as provided by Section 55.67 for court-ordered residential intellectual disability services for the child under Subtitle D, Title 7, Health and Safety Code; or
(2)  refer the child's case to the appropriate court as provided by Section 55.68 for the initiation of proceedings in that court for court-ordered residential intellectual disability services for the child under Subtitle D, Title 7, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.022, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter E. Proceedings for Court-Ordered Mental Health or Residential Intellectual Disability Services › Section 55.67. Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability

Sec. 55.67.  PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY.  (a)  If the juvenile court initiates proceedings under Section 55.40(1) or 55.59(1), the prosecuting attorney may file with the juvenile court an application for an interdisciplinary team report and recommendation that the child is in need of long-term placement in a residential care facility, under Section 593.041, Health and Safety Code.  The juvenile court shall:
(1)  set a date for a hearing and provide notice as required by Sections 593.047 and 593.048, Health and Safety Code; and
(2)  conduct the hearing in accordance with Sections 593.049-593.056, Health and Safety Code.
(b)  After conducting a hearing under this section and with consideration given to the least restrictive appropriate setting for services for the child and to the parent's, managing conservator's, or guardian's availability and willingness to participate in the services for the child, the juvenile court may order residential intellectual disability services for the child if the criteria under Section 55.06 are satisfied.
(c)  On receipt of the court's order, the Health and Human Services Commission shall identify a residential care facility and admit the child to the identified facility.
(d)  If the child is currently detained in a juvenile detention facility, the juvenile court shall:
(1)  order the child released from detention to the child's home or another appropriate place;
(2)  order the child detained or placed in an appropriate facility other than a juvenile detention facility; or
(3)  conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, eff. April 2, 2015.
Transferred, redesignated and amended from Family Code, Section 55.41 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter E. Proceedings for Court-Ordered Mental Health or Residential Intellectual Disability Services › Section 55.68. Referral for Proceedings for Child With Mental Illness or Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness or Intellectual Disability

Sec. 55.68.  REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.  (a)  If the juvenile court refers the child's case to an appropriate court for the initiation of proceedings for court-ordered treatment services under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2), the juvenile court shall:
(1)  send to the clerk of the court to which the case is referred all papers, including evaluations, examination reports, court findings, orders, verdicts, judgments, and reports from facilities and alternative settings, relating to:
(A)  the child's mental illness or intellectual disability;
(B)  the child's unfitness to proceed, if applicable; and
(C)  the finding that the child was not responsible for the child's conduct, if applicable; and
(2)  send to the office of the appropriate county attorney or, if a county attorney is not available, to the office of the appropriate district attorney, copies of all papers sent to the clerk of the court under Subdivision (1).
(b)  The papers sent to the clerk of a court under Subsection (a)(1) constitute an application for court-ordered mental health services under Section 574.001, Health and Safety Code, or an application for placement under Section 593.041, Health and Safety Code, as applicable.
(c)  If the child is currently detained in a juvenile detention facility, the juvenile court shall:
(1)  order the child released from detention to the child's home or another appropriate place;
(2)  order the child detained or placed in an appropriate facility other than a juvenile detention facility; or
(3)  conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Transferred, redesignated and amended from Family Code, Section 55.14 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 56 - Appeal › Section 56.02. Transcript on Appeal

Sec. 56.02.  TRANSCRIPT ON APPEAL.  (a)  An attorney retained to represent a child on appeal who desires to have included in the record on appeal a transcription of notes of the reporter has the responsibility of obtaining and paying for the transcription and furnishing it to the clerk in duplicate in time for inclusion in the record.
(b)  The juvenile court shall order the reporter to furnish a transcription without charge to the attorney if the court finds, after hearing or on an affidavit filed by the child's parent or other person responsible for support of the child that the parent or other responsible person is unable to pay or to give security therefor.
(c)  On certificate of the court that a transcription has been provided without charge, payment therefor shall be made from the general funds of the county in which the proceedings appealed from occurred.
(d)  The court reporter shall report any portion of the proceedings requested by either party or directed by the court and shall report the proceedings in question and answer form unless a narrative transcript is requested.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1991, 72nd Leg., ch. 674, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.001. Definitions

Sec. 57.001.  DEFINITIONS.  In this chapter:
(1)  "Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim.
(2)  "Guardian of a victim" means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.
(3)  "Victim" means a person who as the result of the delinquent conduct of a child suffers a pecuniary loss or personal injury or harm.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 49, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 368, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.003. Duties of Juvenile Board and Victim Assistance Coordinator

Sec. 57.003.  DUTIES OF JUVENILE BOARD AND VICTIM ASSISTANCE COORDINATOR.  (a)  The juvenile board shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by Section 57.002 and, on request, an explanation of those rights.
(b)  The juvenile board may designate a person to serve as victim assistance coordinator in the juvenile board's jurisdiction for victims of juvenile offenders.
(c)  The victim assistance coordinator shall ensure that a victim, or close relative of a deceased victim, is afforded the rights granted victims, guardians, and relatives by Section 57.002 and, on request, an explanation of those rights.  The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, and the Texas Juvenile Justice Department in carrying out that duty.
(d)  The victim assistance coordinator shall ensure that at a minimum, a victim, guardian of a victim, or close relative of a deceased victim receives:
(1)  a written notice of the rights outlined in Section 57.002;
(2)  an application for compensation under the Crime Victims' Compensation Act (Chapter 56B, Code of Criminal Procedure); and
(3)  a victim impact statement with information explaining the possible use and consideration of the victim impact statement at detention, adjudication, and release proceedings involving the juvenile.
(e)  The victim assistance coordinator shall, on request, offer to assist a person receiving a form under Subsection (d) to complete the form.
(f)  The victim assistance coordinator shall send a copy of the victim impact statement to the court conducting a disposition hearing involving the juvenile.
(g)  The juvenile board, with the approval of the commissioners court of the county, may approve a program in which the victim assistance coordinator may offer not more than 10 hours of posttrial psychological counseling for a person who serves as a juror or an alternate juror in an adjudication hearing involving graphic evidence or testimony and who requests the posttrial psychological counseling not later than the 180th day after the date on which the jury in the adjudication hearing is dismissed.  The victim assistance coordinator may provide the counseling using a provider that assists local juvenile justice agencies in providing similar services to victims.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff. Jan. 1, 1996.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 93 (H.B. 608), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 93 (H.B. 608), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 57, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.33, eff. January 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.0031. Notification of Rights of Victims of Juveniles

Sec. 57.0031.  NOTIFICATION OF RIGHTS OF VICTIMS OF JUVENILES.  At the initial contact or at the earliest possible time after the initial contact between the victim of a reported crime and the juvenile probation office having the responsibility for the disposition of the juvenile, the office shall provide the victim a written notice:
(1)  containing information about the availability of emergency and medical services, if applicable;
(2)  stating that the victim has the right to receive information regarding compensation to victims of crime as provided by the Crime Victims' Compensation Act (Chapter 56B, Code of Criminal Procedure), including information about:
(A)  the costs that may be compensated and the amount of compensation, eligibility for compensation, and procedures for application for compensation;
(B)  the payment for a medical examination for a victim of a sexual assault; and
(C)  referral to available social service agencies that may offer additional assistance;
(3)  stating the name, address, and phone number of the victim assistance coordinator for victims of juveniles;
(4)  containing the following statement:  "You may call the crime victim assistance coordinator for the status of the case and information about victims' rights.";
(5)  stating the rights of victims of crime under Section 57.002;
(6)  summarizing each procedural stage in the processing of a juvenile case, including preliminary investigation, detention, informal adjustment of a case, disposition hearings, release proceedings, restitution, and appeals;
(7)  suggesting steps the victim may take if the victim is subjected to threats or intimidation;
(8)  stating the case number and assigned court for the case; and
(9)  stating that the victim has the right to file a victim impact statement and to have it considered in juvenile proceedings.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff. Jan. 1, 1996.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.34, eff. January 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.004. Notification

Sec. 57.004.  NOTIFICATION.  A court, a person appointed by the court, or the Texas Juvenile Justice Department is responsible for notifying a victim, guardian of a victim, or close relative of a deceased victim of a proceeding under this chapter only if the victim, guardian of a victim, or close relative of a deceased victim requests the notification in writing and provides a current address to which the notification is to be sent.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 58, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.005. Liability

Sec. 57.005.  LIABILITY.  The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by a court, 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 under Section 57.002.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 59, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.006. Appeal

Sec. 57.006.  APPEAL.  The failure or inability of any person to provide a right or service listed under Section 57.002 of this code may not be used by a child as a ground for appeal or for a post conviction writ of habeas corpus.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.007. Standing

Sec. 57.007.  STANDING.  A victim, guardian of a victim, or close relative of a victim does not have standing to participate as a party in a juvenile proceeding or to contest the disposition of any case.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 57 - Rights of Victims › Section 57.008. Court Order for Protection From Juveniles

Sec. 57.008.  COURT ORDER FOR PROTECTION FROM JUVENILES.  (a)  A court may issue an order for protection from juveniles directed against a child to protect a victim of the child's conduct who, because of the victim's participation in the juvenile justice system, risks further harm by the child.
(b)  In the order, the court may prohibit the child from doing specified acts or require the child to do specified acts necessary or appropriate to prevent or reduce the likelihood of further harm to the victim by the child.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 52, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter A. Creation and Confidentiality of Juvenile Records › Section 58.002. Photographs and Fingerprints of Children

Sec. 58.002.  PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.  (a)  Except as provided by Chapter 63, Code of Criminal Procedure, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is:
(1)  taken into custody; or
(2)  referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail, regardless of whether the child has been taken into custody.
(b)  On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the juvenile board for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed.  The juvenile board may conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose.  If the audit shows that the certification provided by the head of the law enforcement agency is false, that person is subject to prosecution for perjury under Chapter 37, Penal Code.
(c)  This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody or who has not been referred to the juvenile court for conduct that constitutes a felony or misdemeanor punishable by confinement in jail if the child's parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child.  Consent of the child's parent or guardian is not required to photograph or fingerprint a child described by Subsection (a)(1) or (2).
(d)  This section does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card.
(e)  This section does not prohibit a law enforcement officer from fingerprinting or photographing a child as provided by Section 58.0021.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 17, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1477, Sec. 17, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1297, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter A. Creation and Confidentiality of Juvenile Records › Section 58.0021. Fingerprints or Photographs for Comparison in Investigation

Sec. 58.0021.  FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION.  (a)  A law enforcement officer may take temporary custody of a child to take the child's fingerprints if:
(1)  the officer has probable cause to believe that the child has engaged in delinquent conduct;
(2)  the officer has investigated that conduct and has found other fingerprints during the investigation;  and
(3)  the officer has probable cause to believe that the child's fingerprints will match the other fingerprints.
(b)  A law enforcement officer may take temporary custody of a child to take the child's photograph, or may obtain a photograph of a child from a juvenile probation department in possession of a photograph of the child, if:
(1)  the officer has probable cause to believe that the child has engaged in delinquent conduct; and
(2)  the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of that conduct.
(c)  Temporary custody for the purpose described by Subsection (a) or (b):
(1)  is not a taking into custody under Section 52.01;  and
(2)  may not be reported to the juvenile justice information system under Subchapter B.
(d)  If a law enforcement officer does not take the child into custody under Section 52.01, the child shall be released from temporary custody authorized under this section as soon as the fingerprints or photographs are obtained.
(e)  A law enforcement officer who under this section obtains fingerprints or photographs from a child shall:
(1)  immediately destroy them if they do not lead to a positive comparison or identification;  and
(2)  make a reasonable effort to notify the child's parent, guardian, or custodian of the action taken.
(f)  A law enforcement officer may under this section obtain fingerprints or photographs from a child at:
(1)  a juvenile processing office;  or
(2)  a location that affords reasonable privacy to the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 35, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter A. Creation and Confidentiality of Juvenile Records › Section 58.0022. Fingerprints or Photographs to Identify Runaways

Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS.  A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity.  On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 36, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 22, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter A. Creation and Confidentiality of Juvenile Records › Section 58.004. Redaction of Victim's Personally Identifiable Information

Sec. 58.004.  REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE INFORMATION.  (a)  Notwithstanding any other law, before disclosing any juvenile court record of a child as authorized by this chapter or other law, the custodian of the record must redact any personally identifiable information about a victim of the child's delinquent conduct or conduct indicating a need for supervision who was under 18 years of age on the date the conduct occurred.
(b)  This section does not apply to information that is:
(1)  necessary for an agency to provide services to the victim;
(2)  necessary for law enforcement purposes;
(3)  shared within the statewide juvenile information and case management system established under Subchapter E;
(4)  shared with an attorney representing the child in a proceeding under this title; or
(5)  shared with an attorney representing any other person in a juvenile or criminal court proceeding arising from the same act or conduct for which the child was referred to juvenile court.
Added by Acts 2015, 84th Leg., R.S., Ch. 588 (H.B. 4003), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter B. Juvenile Justice Information System › Section 58.101. Definitions

Sec. 58.101.  DEFINITIONS.  In this subchapter:
(1)  "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code.
(2)  "Department" means the Department of Public Safety of the State of Texas.
(3)  "Disposition" means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender.
(4)  "Incident number" means a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile board, if the juvenile offender was not taken into custody before the referral.
(5)  "Juvenile justice agency" means an agency that has custody or control over juvenile offenders.
(6)  "Juvenile offender" means a child who has been assigned an incident number.
(7)  "State identification number" means a unique number assigned by the department to a child in the juvenile justice information system.
(8)  "Uniform incident fingerprint card" means a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained, or referred, the child's fingerprints, and other relevant information.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 39, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter B. Juvenile Justice Information System › Section 58.102. Juvenile Justice Information System

Sec. 58.102.  JUVENILE JUSTICE INFORMATION SYSTEM.  (a)  The department is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves:
(1)  as the record creation point for the juvenile justice information system maintained by the state;  and
(2)  as the control terminal for entry of records, in accordance with federal law, rule, and policy, into the federal records system maintained by the Federal Bureau of Investigation.
(b)  The department shall develop and maintain the system with the cooperation and advice of the:
(1)  Texas Juvenile Justice Department; and
(2)  juvenile courts and clerks of juvenile courts.
(c)  The department may not collect, retain, or share information relating to a juvenile except as provided by this chapter.
(d)  The database must contain the information required by this subchapter.
(e)  The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 63, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 58 - Records; Juvenile Justice Information System › Subchapter B. Juvenile Justice Information System › Section 58.103. Purpose of System

Sec. 58.103.  PURPOSE OF SYSTEM.  The purpose of the juvenile justice information system is to:
(1)  provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of this state;
(2)  provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system;
(3)  provide an efficient conversion, where appropriate, of juvenile records to adult criminal records;
(4)  improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system;  and
(5)  improve the ability of interested parties to analyze the functioning of the juvenile justice system.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.