reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.0414. Discretionary Transfer to Combine Proceedings

Sec. 51.0414.  DISCRETIONARY TRANSFER TO COMBINE PROCEEDINGS.  (a)  The juvenile court may transfer a dual status child's case, including transcripts of records and documents for the case, to a district or statutory county court located in another county that is exercising jurisdiction over the child in a suit instituted under Subtitle E, Title 5. A case may only be transferred under this section with the consent of the judge of the court to which the case is being transferred.
(b)  Notwithstanding Section 51.04, a district or statutory county court to which a case is transferred under this section has jurisdiction over the transferred case regardless of whether the court is a designated juvenile court or alternative juvenile court in the county.
(c)  If the court exercising jurisdiction over the child under Subtitle E, Title 5, consents to a transfer under this section, the juvenile court shall file the transfer order with the clerk of the transferring court.  On receipt and without a hearing or further order from the juvenile court, the clerk of the transferring court shall transfer the files, including transcripts of records and documents for the case as soon as practicable but not later than the 10th day after the date an order of transfer is filed.
(d)  On receipt of the pleadings, documents, and orders from the transferring court, the clerk of the receiving court shall notify the judge of the receiving court, all parties, and the clerk of the transferring court.
Added by Acts 2019, 86th Leg., R.S., Ch. 660 (S.B. 1887), Sec. 2, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 4.04, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.042. Objection to Jurisdiction Because of Age of the Child

Sec. 51.042.  OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD.  (a)  A child who objects to the jurisdiction of the court over the child because of the age of the child must raise the objection at the adjudication hearing or discretionary transfer hearing, if any.
(b)  A child who does not object as provided by Subsection (a) waives any right to object to the jurisdiction of the court because of the age of the child at a later hearing or on appeal.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.045. Juries in County Courts at Law

Sec. 51.045.  JURIES IN COUNTY COURTS AT LAW.  If a provision of this title requires a jury of 12 persons, that provision prevails over any other law that limits the number of members of a jury in a particular county court at law.  The state and the defense are entitled to the same number of peremptory challenges allowed in a district court.
Added by Acts 1987, 70th Leg., ch. 385, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.05. Court Sessions and Facilities

Sec. 51.05.  COURT SESSIONS AND FACILITIES.  (a)  The juvenile court shall be deemed in session at all times.  Suitable quarters shall be provided by the commissioners court of each county for the hearing of cases and for the use of the judge, the probation officer, and other employees of the court.
(b)  The juvenile court and the juvenile board shall report annually to the commissioners court on the suitability of the quarters and facilities of the juvenile court and may make recommendations for their improvement.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, Sec. 8, eff. Sept. 1, 1975.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.06. Venue

Sec. 51.06.  VENUE.  (a)  A proceeding under this title shall be commenced in
(1)  the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred;  or
(2)  the county in which the child resides at the time the petition is filed, but only if:
(A)  the child was under probation supervision in that county at the time of the commission of the delinquent conduct or conduct indicating a need for supervision;
(B)  it cannot be determined in which county the delinquent conduct or conduct indicating a need for supervision occurred;  or
(C)  the county in which the child resides agrees to accept the case for prosecution, in writing, prior to the case being sent to the county of residence for prosecution.
(b)  An application for a writ of habeas corpus brought by or on behalf of a person who has been committed to an institution under the jurisdiction of the Texas Juvenile Justice Department and which attacks the validity of the judgment of commitment shall be brought in the county in which the court that entered the judgment of commitment is located.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, Sec. 1, eff. April 26, 1983;  Acts 1995, 74th Leg., ch. 262, Sec. 7, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 488, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 40, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.07. Transfer to Another County for Disposition

Sec. 51.07.  TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.  (a)  When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision under Section 54.03, the juvenile court may transfer the case and transcripts of records and documents to the juvenile court of the county where the child resides for disposition of the case under Section 54.04.  Consent by the court of the county where the child resides is not required.
(b)  For purposes of Subsection (a), while a child is the subject of a suit under Title 5, the child is considered to reside in the county in which the court of continuing exclusive jurisdiction over the child is located.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 3, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.071. Transfer of Probation Supervision Between Counties: Courtesy Supervision Prohibited

Sec. 51.071.  TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED.  Except as provided by Section 51.075, a juvenile court or juvenile probation department may not engage in the practice of courtesy supervision of a child on probation.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.073. Transfer of Probation Supervision Between Counties: Permanent Supervision

Sec. 51.073.  TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION.  (a)  In this section:
(1)  "Receiving county" means the county to which a child on probation has moved or intends to move.
(2)  "Sending county" means the county that:
(A)  originally placed the child on probation; or
(B)  assumed permanent supervision of the child under an inter-county transfer of probation supervision.
(b)  On transfer of permanent supervision of a child under Section 51.072(m) or (n), the juvenile court of the sending county shall order the juvenile probation department of the sending county to provide the juvenile probation department of the receiving county with the order of transfer.  On receipt of the order of transfer, the juvenile probation department of the receiving county shall ensure that the order of transfer, the petition, the order of adjudication, the order of disposition, and the conditions of probation are filed with the clerk of the juvenile court of the receiving county.
(c)  The juvenile court of the receiving county shall require that the child be brought before the court in order to impose new or different conditions of probation than those originally ordered by the sending county or ordered by the receiving county during the period of interim supervision.  The child shall be represented by counsel as provided by Section 51.10.
(d)  Once permanent supervision is transferred to the juvenile probation department of the receiving county, the receiving county is fully responsible for selecting and imposing conditions of probation, providing supervision, modifying conditions of probation, and revoking probation.  The sending county has no further jurisdiction over the child's case.
(d-1)  On the final transfer of a case involving a child who has been adjudicated as having committed an offense for which registration is required under Chapter 62, Code of Criminal Procedure, the receiving county shall have jurisdiction to conduct a hearing under that chapter.  This subsection does not prohibit the receiving county juvenile court from considering the written recommendations of the sending county juvenile court.
(e)  This section does not affect the sending county's jurisdiction over any new offense committed by the child in the sending county.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.074. Transfer of Probation Supervision Between Counties: Deferred Prosecution

Sec. 51.074.  TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES:  DEFERRED PROSECUTION.  (a)  A juvenile court may transfer interim supervision, but not permanent supervision, to the county where a child on deferred prosecution resides.
(b)  On an extension of a previous order of deferred prosecution authorized under Section 53.03(j), the child shall remain on interim supervision for an additional period not to exceed 180 days.
(c)  On a violation of the conditions of the original deferred prosecution agreement, the receiving county shall forward the case to the sending county for prosecution or other action in the manner provided by Sections 51.072(i) and (j), except that the original conditions of deferred prosecution may not be modified by the receiving county.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.075. Collaborative Supervision Between Adjoining Counties

Sec. 51.075.  COLLABORATIVE SUPERVISION BETWEEN ADJOINING COUNTIES.  (a)  If a child who is on probation in one county spends substantial time in an adjoining county, including residing, attending school, or working in the adjoining county, the juvenile probation departments of the two counties may enter into a collaborative supervision arrangement regarding the child.
(b)  Under a collaborative supervision arrangement, the juvenile probation department of the adjoining county may authorize a probation officer for the county to provide supervision and other services for the child as an agent of the juvenile probation department of the county in which the child was placed on probation.  The probation officer providing supervision and other services for the child in the adjoining county shall provide the probation officer supervising the child in the county in which the child was placed on probation with periodic oral, electronic, or written reports concerning the child.
(c)  The juvenile court of the county in which the child was placed on probation retains sole authority to modify, amend, extend, or revoke the child's probation.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.09. Waiver of Rights

Sec. 51.09.  WAIVER OF RIGHTS.  Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if:
(1)  the waiver is made by the child and the attorney for the child;
(2)  the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;
(3)  the waiver is voluntary;  and
(4)  the waiver is made in writing or in court proceedings that are recorded.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, Sec. 9, eff. Sept. 1, 1975;  Acts 1989, 71st Leg., ch. 84, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 64, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 429, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 557, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 593, Sec. 1, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 262, Sec. 8, 9, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1086, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.101. Appointment of Attorney and Continuation of Representation

Sec. 51.101.  APPOINTMENT OF ATTORNEY AND CONTINUATION OF REPRESENTATION.  (a)  If an attorney is appointed under Section 54.01(b-1) or (d) to represent a child at the initial detention hearing and the child is detained, the attorney shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court.  Release of the child from detention does not terminate the attorney's representation.
(b)  If there is an initial detention hearing without an attorney and the child is detained, the attorney appointed under Section 51.10(c) shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court.  Release of the child from detention does not terminate the attorney's representation.
(c)  The juvenile court shall determine, on the filing of a petition, whether the child's family is indigent if:
(1)  the child is released by intake;
(2)  the child is released at the initial detention hearing;  or
(3)  the case was referred to the court without the child in custody.
(d)  A juvenile court that makes a finding of indigence under Subsection (c) shall appoint an attorney to represent the child on or before the fifth working day after the date the petition for adjudication or discretionary transfer hearing was served on the child.  An attorney appointed under this subsection shall continue to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the juvenile court.
(e)  The juvenile court shall determine whether the child's family is indigent if a motion or petition is filed under Section 54.05 seeking to modify disposition by committing the child to the Texas Juvenile Justice Department or placing the child in a secure correctional facility.  A court that makes a finding of indigence shall appoint an attorney to represent the child on or before the fifth working day after the date the petition or motion has been filed.  An attorney appointed under this subsection shall continue to represent the child until the court rules on the motion or petition, the family retains an attorney, or a new attorney is appointed.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 912 (H.B. 1318), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 42, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.102. Appointment of Counsel Plan

Sec. 51.102.  APPOINTMENT OF COUNSEL PLAN.  (a)  The juvenile board in each county shall adopt a plan that:
(1)  specifies the qualifications necessary for an attorney to be included on an appointment list from which attorneys are appointed to represent children in proceedings under this title;  and
(2)  establishes the procedures for:
(A)  including attorneys on the appointment list and removing attorneys from the list;  and
(B)  appointing attorneys from the appointment list to individual cases.
(b)  A plan adopted under Subsection (a) must:
(1)  to the extent practicable, comply with the requirements of Article 26.04, Code of Criminal Procedure, except that:
(A)  the income and assets of the child's parent or other person responsible for the child's support must be used in determining whether the child is indigent; and
(B)  any alternative plan for appointing counsel is established by the juvenile board in the county; and
(2)  recognize the differences in qualifications and experience necessary for appointments to cases in which:
(A)  the allegation is:
(i)  conduct indicating a need for supervision or delinquent conduct, and commitment to the Texas Juvenile Justice Department is not an authorized disposition; or
(ii)  delinquent conduct, and commitment to the department without a determinate sentence is an authorized disposition; or
(B)  determinate sentence proceedings have been initiated or proceedings for discretionary transfer to criminal court have been initiated.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 11, eff. Jan. 1, 2002.  Renumbered from Sec. 51.101 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(51), eff. Sept. 1, 2003.  Renumbered from Sec. 51.101 and amended by Acts 2003, 78th Leg., ch. 283, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 43, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.11. Guardian Ad Litem

Sec. 51.11.  GUARDIAN AD LITEM.  (a)  In this section:
(1)  "Dual-system child" means a child who, at any time before the child's 18th birthday, was referred to the juvenile justice system and was involved in the child welfare system by being:
(A)  placed in the temporary or permanent managing conservatorship of the Department of Family and Protective Services;
(B)  the subject of a family-based safety services case with the Department of Family and Protective Services;
(C)  an alleged victim of abuse or neglect in an active case being investigated by the Department of Family and Protective Services child protective investigations division; or
(D)  a victim in a case in which the Department of Family and Protective Services investigation concluded that there was a reason to believe that abuse or neglect occurred.
(2)  "Dual-status child" means a dual-system child who is involved with both the child welfare and juvenile justice systems at the same time.
(a-1)  If a child appears before the juvenile court without a parent or guardian, the court shall appoint a guardian ad litem to protect the interests of the child.  The juvenile court need not appoint a guardian ad litem if a parent or guardian appears with the child.
(b)  In any case in which it appears to the juvenile court that the child's parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to proceedings under this title, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings.
(c)  An attorney for a child may also be his guardian ad litem.  A law-enforcement officer, probation officer, or other employee of the juvenile court may not be appointed guardian ad litem.
(d)  The juvenile court may appoint the guardian ad litem appointed under Chapter 107 for a child in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services to serve as the guardian ad litem for the child in a proceeding held under this title.
(e)  A non-attorney guardian ad litem in a case involving a dual-system child may not:
(1)  investigate any charges involving a dual-status child that are pending with the juvenile court; or
(2)  offer testimony concerning the guilt or innocence of a dual-status child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.115. Attendance at Hearing: Parent or Other Guardian

Sec. 51.115.  ATTENDANCE AT HEARING:  PARENT OR OTHER GUARDIAN.  (a)  Each parent of a child, each managing and possessory conservator of a child, each court-appointed custodian of a child, and a guardian of the person of the child shall attend each hearing affecting the child held under:
(1)  Section 54.02 (waiver of jurisdiction and discretionary transfer to criminal court);
(2)  Section 54.03 (adjudication hearing);
(3)  Section 54.04 (disposition hearing);
(4)  Section 54.05 (hearing to modify disposition);  and
(5)  Section 54.11 (release or transfer hearing).
(b)  Subsection (a) does not apply to:
(1)  a person for whom, for good cause shown, the court waives attendance;
(2)  a person who is not a resident of this state;  or
(3)  a parent of a child for whom a managing conservator has been appointed and the parent is not a conservator of the child.
(c)  A person required under this section to attend a hearing is entitled to reasonable written or oral notice that includes a statement of the place, date, and time of the hearing and that the attendance of the person is required.  The notice may be included with or attached to any other notice required by this chapter to be given the person.  Separate notice is not required for a disposition hearing that convenes on the adjournment of an adjudication hearing.  If a person required under this section fails to attend a hearing, the juvenile court may proceed with the hearing.
(d)  A person who is required by Subsection (a) to attend a hearing, who receives the notice of the hearing, and who fails to attend the hearing may be punished by the court for contempt by a fine of not less than $100 and not more than $1,000.  In addition to or in lieu of contempt, the court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 10, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.116. Right to Reemployment

Sec. 51.116.  RIGHT TO REEMPLOYMENT.  (a)  An employer may not terminate the employment of a permanent employee because the employee is required under Section 51.115 to attend a hearing.
(b)  An employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when notified of the hearing if the employee, as soon as practical after the hearing, gives the employer actual notice that the employee intends to return.
(c)  A person who is injured because of a violation of this section is entitled to reinstatement to the person's former position and to damages, but the damages may not exceed an amount equal to six months' compensation at the rate at which the person was compensated when required to attend the hearing.
(d)  The injured person is also entitled to reasonable attorney's fees in an amount approved by the court.
(e)  It is a defense to an action brought under this section that the employer's circumstances changed while the employee attended the hearing so that reemployment was impossible or unreasonable.  To establish a defense under this subsection, an employer must prove that the termination of employment was because of circumstances other than the employee's attendance at the hearing.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 10, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.126. Nonsecure Correctional Facilities

Sec. 51.126.  NONSECURE CORRECTIONAL FACILITIES.  (a)  A nonsecure correctional facility for juvenile offenders may be operated only by:
(1)  a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code; or
(2)  a private entity under a contract with a governmental unit in this state.
(b)  In each county, each judge of the juvenile court and a majority of the members of the juvenile board shall personally inspect, at least annually, all nonsecure correctional facilities that are located in the county and shall certify in writing to the authorities responsible for operating and giving financial support to the facilities and to the Texas Juvenile Justice Department that the facility or facilities are suitable or unsuitable for the confinement of children.  In determining whether a facility is suitable or unsuitable for the confinement of children, the juvenile court judges and juvenile board members shall consider:
(1)  current monitoring and inspection reports and any noncompliance citation reports issued by the Texas Juvenile Justice Department, including the report provided under Subsection (c), and the status of any required corrective actions; and
(2)  the other factors described under Sections 51.12(c)(2)-(7).
(c)  The Texas Juvenile Justice Department shall inspect each nonsecure correctional facility.  The Texas Juvenile Justice Department shall provide a report to each juvenile court judge presiding in the same county as an inspected facility indicating whether the facility is suitable or unsuitable for the confinement of children in accordance with minimum professional standards for the confinement of children in nonsecure confinement promulgated by the Texas Juvenile Justice Department or, at the election of the juvenile board of the county in which the facility is located, the current standards promulgated by the American Correctional Association.
(d)  A governmental unit or private entity that operates or contracts for the operation of a juvenile nonsecure correctional facility in this state under Subsection (a), except for a facility operated by or under contract with the Texas Juvenile Justice Department, shall:
(1)  register the facility annually with the Texas Juvenile Justice Department; and
(2)  adhere to all applicable minimum standards for the facility.
(e)  The Texas Juvenile Justice Department may deny, suspend, or revoke the registration of any facility required to register under Subsection (d) if the facility fails to:
(1)  adhere to all applicable minimum standards for the facility; or
(2)  timely correct any notice of noncompliance with minimum standards.
(f)  Expired.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.005, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 2.001, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.151. Polygraph Examination

Sec. 51.151.  POLYGRAPH EXAMINATION.  If a child is taken into custody under Section 52.01 of this code, a person may not administer a polygraph examination to the child without the consent of the child's attorney or the juvenile court unless the child is transferred to criminal court for prosecution under Section 54.02 of this code.
Added by Acts 1987, 70th Leg., ch. 708, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.18. Election Between Juvenile Court and Alternate Juvenile Court

Sec. 51.18.  ELECTION BETWEEN JUVENILE COURT AND ALTERNATE JUVENILE COURT.  (a)  This section applies only to a child who has a right to a trial before a juvenile court the judge of which is not an attorney licensed in this state.
(b)  On any matter that may lead to an order appealable under Section 56.01 of this code, a child may be tried before either the juvenile court or the alternate juvenile court.
(c)  The child may elect to be tried before the alternate juvenile court only if the child files a written notice with that court not later than 10 days before the date of the trial.  After the notice is filed, the child may be tried only in the alternate juvenile court.  If the child does not file a notice as provided by this subsection, the child may be tried only in the juvenile court.
(d)  If the child is tried before the juvenile court, the child is not entitled to a trial de novo before the alternate juvenile court.
(e)  The child may appeal any order of the juvenile court or alternate juvenile court only as provided by Section 56.01 of this code.
Added by Acts 1977, 65th Leg., p. 1112, ch. 411, Sec. 2, eff. June 15, 1977.  Amended by Acts 1993, 73rd Leg., ch. 168, Sec. 3, eff. Aug. 30, 1993.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.19. Limitation Periods

Sec. 51.19.  LIMITATION PERIODS.  (a)  The limitation periods and the procedures for applying the limitation periods under Chapter 12, Code of Criminal Procedure, and other statutory law apply to proceedings under this title.
(b)  For purposes of computing a limitation period, a petition filed in juvenile court for a transfer or an adjudication hearing is equivalent to an indictment or information and is treated as presented when the petition is filed in the proper court.
(c)  The limitation period is two years for an offense or conduct that is not given a specific limitation period under Chapter 12, Code of Criminal Procedure, or other statutory law.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.21. Mental Health Screening and Referral

Sec. 51.21.  MENTAL HEALTH SCREENING AND REFERRAL.  (a)  A probation department that administers the mental health screening instrument or clinical assessment required by Section 221.003, Human Resources Code, shall refer the child to the local mental health authority for assessment and evaluation if:
(1)  the child's scores on the screening instrument or clinical assessment indicate a need for further mental health assessment and evaluation; and
(2)  the department and child do not have access to an internal, contract, or private mental health professional.
(b)  A probation department shall report each referral of a child to a local mental health authority made under Subsection (a) to the Texas Juvenile Justice Department in a format specified by the Texas Juvenile Justice Department.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 8, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.005, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 46, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.011. Duty of Law Enforcement Officer to Notify Probate Court

Sec. 52.011.  DUTY OF LAW ENFORCEMENT OFFICER TO NOTIFY PROBATE COURT.  (a)  In this section, "ward" has the meaning assigned by Section 22.033, Estates Code.
(b)  As soon as practicable, but not later than the first working day after the date a law enforcement officer takes a child who is a ward into custody under Section 52.01(a)(2) or (3), the law enforcement officer or other person having custody of the child shall notify the court with jurisdiction over the child's guardianship of the child's detention or arrest.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.015. Directive to Apprehend

Sec. 52.015.  DIRECTIVE TO APPREHEND.  (a)  On the request of a law-enforcement or probation officer, a juvenile court may issue a directive to apprehend a child if the court finds there is probable cause to take the child into custody under the provisions of this title.
(b)  On the issuance of a directive to apprehend, any law-enforcement or probation officer shall take the child into custody.
(c)  An order under this section is not subject to appeal.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 16, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.0151. Bench Warrant; Attachment of Witness in Custody

Sec. 52.0151.  BENCH WARRANT; ATTACHMENT OF WITNESS IN CUSTODY.  (a)  If a witness is in a placement in the custody of the Texas Juvenile Justice Department, a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court.  Once the person is no longer needed as a witness or the period prescribed by Subsection (c) has expired without extension, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released.
(b)  The court may order that the person who is the witness be detained in a certified juvenile detention facility if the person is younger than 17 years of age.   If the person is at least 17 years of age, the court may order that the person be detained without bond in an appropriate county facility for the detention of adults accused of criminal offenses.
(c)  A witness held in custody under this section may be placed in a certified juvenile detention facility for a period not to exceed 30 days.  The length of placement may be extended in 30-day increments by the court that issued the original bench warrant.  If the placement is not extended, the period under this section expires and the witness may be returned as provided by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 10, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.025. Designation of Juvenile Processing Office

Sec. 52.025.  DESIGNATION OF JUVENILE PROCESSING OFFICE.  (a)  The juvenile board may designate an office or a room, which may be located in a police facility or sheriff's offices, as the juvenile processing office for the temporary detention of a child taken into custody under Section 52.01. The office may not be a cell or holding facility used for detentions other than detentions under this section.  The juvenile board by written order may prescribe the conditions of the designation and limit the activities that may occur in the office during the temporary detention.
(b)  A child may be detained in a juvenile processing office only for:
(1)  the return of the child to the custody of a person under Section 52.02(a)(1);
(2)  the completion of essential forms and records required by the juvenile court or this title;
(3)  the photographing and fingerprinting of the child if otherwise authorized at the time of temporary detention by this title;
(4)  the issuance of warnings to the child as required or permitted by this title;  or
(5)  the receipt of a statement by the child under Section 51.095(a)(1), (2), (3), or (5).
(c)  A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by the child's parent, guardian, or other custodian or by the child's attorney.
(d)  A child may not be detained in a juvenile processing office for longer than six hours.
Added by Acts 1991, 72nd Leg., ch. 495, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 48, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1297, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.026. Responsibility for Transporting Juvenile Offenders

Sec. 52.026.  RESPONSIBILITY FOR TRANSPORTING JUVENILE OFFENDERS.  (a)  It shall be the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility or to the school campus to which the child is assigned as provided by Section 52.02(a)(7) if the child is not released to the parent, guardian, or custodian of the child.
(b)  If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the law enforcement officer who has taken the child into custody or, if authorized by the commissioners court of the county, the sheriff of that county to transport the child to the appropriate juvenile detention facility unless the child is:
(1)  detained in a secure detention facility under Section 51.12(j);  or
(2)  released to the parent, guardian, or custodian of the child.
(c)  On adoption of an order by the juvenile board and approval of the juvenile board's order by record vote of the commissioners court, it shall be the duty of the sheriff of the county in which the child is taken into custody to transport the child to and from all scheduled juvenile court proceedings and appearances and other activities ordered by the juvenile court.
Added by Acts 1993, 73rd Leg., ch. 411, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1374, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 6.09, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1082, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 286 (H.B. 776), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.03. Disposition Without Referral to Court

Sec. 52.03.  DISPOSITION WITHOUT REFERRAL TO COURT.  (a)  A law-enforcement officer authorized by this title to take a child into custody may dispose of the case of a child taken into custody or accused of a Class C misdemeanor, other than a traffic offense, without referral to juvenile court or charging a child in a court of competent criminal jurisdiction, if:
(1)  guidelines for such disposition have been adopted by the juvenile board of the county in which the disposition is made as required by Section 52.032;
(2)  the disposition is authorized by the guidelines; and
(3)  the officer makes a written report of the officer's disposition to the law-enforcement agency, identifying the child and specifying the grounds for believing that the taking into custody or accusation of criminal conduct was authorized.
(b)  No disposition authorized by this section may involve:
(1)  keeping the child in law-enforcement custody;  or
(2)  requiring periodic reporting of the child to a law-enforcement officer, law-enforcement agency, or other agency.
(c)  A disposition authorized by this section may involve:
(1)  referral of the child to an agency other than the juvenile court;
(2)  a brief conference with the child and his parent, guardian, or custodian; or
(3)  referral of the child and the child's parent, guardian, or custodian for services under Section 137.152, Human Resources Code.
(d)  Statistics indicating the number and kind of dispositions made by a law-enforcement agency under the authority of this section shall be reported at least annually to the office or official designated by the juvenile board, as ordered by the board.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 18, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 48, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1297, Sec. 15, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 15, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.032. Informal Disposition Guidelines

Sec. 52.032.  INFORMAL DISPOSITION GUIDELINES.  (a)  The juvenile board of each county, in cooperation with each law enforcement agency in the county, shall adopt guidelines for the disposition of a child under Section 52.03 or 52.031.  The guidelines adopted under this section shall not be considered mandatory.
(b)  The guidelines adopted under Subsection (a) may not allow for the case of a child to be disposed of under Section 52.03 or 52.031 if there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision and cause to believe that the child may be the victim of conduct that constitutes an offense under Section 20A.02, Penal Code.
Added by Acts 1999, 76th Leg., ch. 48, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.04. Referral to Juvenile Court; Notice to Parents

Sec. 52.04.  REFERRAL TO JUVENILE COURT;  NOTICE TO PARENTS.  (a)  The following shall accompany referral of a child or a child's case to the office or official designated by the juvenile board or be provided as quickly as possible after referral:
(1)  all information in the possession of the person or agency making the referral pertaining to the identity of the child and the child's address, the name and address of the child's parent, guardian, or custodian, the names and addresses of any witnesses, and the child's present whereabouts;
(2)  a complete statement of the circumstances of the alleged delinquent conduct or conduct indicating a need for supervision;
(3)  when applicable, a complete statement of the circumstances of taking the child into custody;  and
(4)  when referral is by an officer of a law-enforcement agency, a complete statement of all prior contacts with the child by officers of that law-enforcement agency.
(b)  The office or official designated by the juvenile board may refer the case to a law-enforcement agency for the purpose of conducting an investigation to obtain necessary information.
(c)  If the office of the prosecuting attorney is designated by the juvenile court to conduct the preliminary investigation under Section 53.01, the referring entity shall first transfer the child's case to the juvenile probation department for statistical reporting purposes only.  On the creation of a statistical record or file for the case, the probation department shall within three business days forward the case to the prosecuting attorney for review under Section 53.01.
(d)  On referral of the case of a child who has not been taken into custody to the office or official designated by the juvenile board, the office or official designated by the juvenile board shall promptly give notice of the referral and a statement of the reason for the referral to the child's parent, guardian, or custodian.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1997, 75th Leg., ch. 1091, Sec. 1, eff. June 19, 1997;  Acts 2001, 77th Leg., ch. 136, Sec. 1, 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1297, Sec. 16, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 52 - Proceedings Before and Including Referral to Court › Section 52.041. Referral of Child to Juvenile Court After Expulsion

Sec. 52.041.  REFERRAL OF CHILD TO JUVENILE COURT AFTER EXPULSION.  (a)  A school district that expels a child shall refer the child to juvenile court in the county in which the child resides.
(b)  The board of the school district or a person designated by the board shall deliver a copy of the order expelling the student and any other information required by Section 52.04 on or before the second working day after the date of the expulsion hearing to the authorized officer of the juvenile court.
(c)  Within five working days of receipt of an expulsion notice under this section by the office or official designated by the juvenile board, a preliminary investigation and determination shall be conducted as required by Section 53.01.
(d)  The office or official designated by the juvenile board shall within two working days notify the school district that expelled the child if:
(1)  a determination was made under Section 53.01 that the person referred to juvenile court was not a child within the meaning of this title;
(2)  a determination was made that no probable cause existed to believe the child engaged in delinquent conduct or conduct indicating a need for supervision;
(3)  no deferred prosecution or formal court proceedings have been or will be initiated involving the child;
(4)  the court or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case has been dismissed with prejudice;  or
(5)  the child was adjudicated but no disposition was or will be ordered by the court.
(e)  In any county where a juvenile justice alternative education program is operated, no student shall be expelled without written notification by the board of the school district or its designated agent to the juvenile board's designated representative.  The notification shall be made not later than two business days following the board's determination that the student is to be expelled.  Failure to timely notify the designated representative of the juvenile board shall result in the child's duty to continue attending the school district's educational program, which shall be provided to that child until such time as the notification to the juvenile board's designated representative is properly made.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 20, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 16, eff. June 19, 1997;  Acts 2001, 77th Leg., ch. 1297, Sec. 17, eff. Sept. 1, 2001.