Juvenile Offenders

Status Offender (FC 51.02)

a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including: -running away from home -a fineable offense -a violation of standards of student conduct - a violation of a juvenile curfew - a violation of a provision of the Alcohol Beverage Code - a violation of any other fineable only offense, but would not have been criminal if engaged in by an adult

Missing Person (CCP 63.001)

a person 18 years old or older whose disappearance is possibly not voluntary

Delinquent Conduct (FC 51.03)

1) Conduct other than a traffic offense that violates a penal law of this state or of the US punishable by imprisonment or by confinement in jail 2) Conduct that violates a lawful order of court under circumstances that would constitute contempt of court -a justice or municipal court -a county court for conduct punishable only by a fine; or -a truancy court

Accepting Voluntary Delivery of Possession of Child (FC 262.004)

A law enforcement officer or a juvenile probation officer may take possession of a child without a court order on the voluntary delivery of the child by the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child.

Consent by Non-Parent (FC 32.001)

Consent implied unless revoked; • Grandparent • Adult brother or sister • Adult aunt/uncle • educational institution that the child is enrolled that has written authorization • An adult who has actual care and written authorization • Court having jurisdiction over a suit • Adult responsible for actual care under jurisdiction of a juvenile court • Peace officer who has lawfully taken custody of minor in need of immediate medical treatment

Removal from Child Safety Check Alert List (FC 261.3032)

If the department locates a child who has been placed on the child safety check alert list, the department shall report to the Texas Crime Information Center that the child has been located. On receipt of notice that a child has been located, the Texas Crime Information Center shall remove the child and the child's family from the child safety check alert list.

Taking Emergency Possession without a Court Order (FC 262.104)

If there is no time to obtain temporary order before taking possession of the child consistent with health and safety of that child DFPS, LEO, JPO may take possession of that child without a court order if: 1) immediate danger to health/safety of the child. 2) Corroborated information of immediate danger 3) personal knowledge of facts that believe child is victim of sexual abuse or trafficking. 4) Corroborated information of sexual abuse/trafficking 5) Information parent is using a controlled substance. 6) parents are producing methamphetamine on premises while child is there.

Informal Disposition Guidelines (FC 52.032)

Juvenile board shall adopt guidelines for the disposition of the child. Guidelines shall not be considered mandatory. Guidelines may not allow for case of a child to be disposed of if there is PC of DC or CINS

5 (FC 262.007)

Possession and Delivery of Missing Child: A LEO who during a criminal investigation relating to a childs custody discovers that a child is missing and believes that a person may flee with or conceal the child shall take possession of the child and provide for the delivery of the child to a person entitled to possession of the child. If an entitled person is not available LEO shall take child to DFPS. Department may without a court order retain the child in foster care up to _____ days.

Jurisdiction (FC 51.04)

Proceedings in all cases involving delinquent conduct or conduct indicating a need for supervision engaged in by person who was a child at the time conduct occurred, the juvenile court has exclusive original jurisdiction over proceedings. b) In each county the juvenile board shall designate one or more District, Criminal District, Domestic relations, Juvenile or County courts, as the juvenile court.

Release or Delivery to Court (FC 52.02)

a person taking a child into custody, without unnecessary delay AND without first taking the child to any place other than a juvenile processing office: 1.) Release the child to a parent, guardian, or custodian of the child, or other responsible adult 2.) Probable cause existed 3.) bring child to detention center or secure detention facility 4.) Bring child to hospital to medical facility 5.) Bring child to school if found skipping A person who takes custody and believes child was DUI/DWI may take the child to a place to obtain a specimen of the child's breath or blood

Child (CCP 63.001)

a person under 18 years of age.

Agency Investigation (FC 261.401)

a state agency that operates, licenses, certifies, registers, or lists a facility in which children are located or provides oversight of a program that serves children shall make a prompt, thorough investigation of a report that a child has been or may be abused, neglected, or exploited in the facility or program. The primary purpose of the investigation shall be the protection of the child.

False Report; Penalty (FC 261.107)

knowingly make false report it is SJF unless there has been a previous conviction which will enhance to 3rd degree felony 1.felony to make false report 2.false report grounds for no possession 3.false reporter pays attorneys fees 4.AG collects 1000 civil penalty

Missing Child (CCP 63.001)

means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that: (A) the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; (B) the child voluntarily left the care and control of the custodian without the custodian's consent and without intent to return; (C) the child was taken or retained in violation of the terms of a court order for possession of or access to the child; or (D) the child was taken or retained without the permission of the custodian and with the effect of depriving the custodian of possession of or access to the child unless the taking or retention of the child was prompted by the commission or attempted commission of family violence against the child or the actor.

Severe Emotional Disturbance (FC 261.001)

means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits a person's role or ability to function in family, school, or community activities.

Birth Certificate Agency (CCP 63.001)

means a municipal or county official that records and maintains birth certificates and the bureau of vital statistics.

Legal Custodian of a Child (CCP 63.001)

means a parent of a child if no managing conservator or guardian of the person of the child has been appointed, the managing conservator of a child or a guardian of a child if a managing conservator or guardian has been appointed for the child, a possessory conservator of a child if the child is absent from the possessory conservator of the child at a time when the possessory conservator is entitled to possession of the child and the child is not believed to be with the managing conservator, or any other person who has assumed temporary care and control of a child if at the time of disappearance the child was not living with his parent, guardian, managing conservator, or possessory conservator.

Report (FC 261.001)

means a report that alleged or suspected abuse or neglect of a child has occurred or may occur.

Bureau of Vital Statistics (CCP 63.001)

means the bureau of vital statistics of the Texas Department of Health.

Exploitation (FC 261.001)

means the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility or program as further described by rule or policy

Judge or Juvenile Court Judge (FC 51.02)

means the judge of a juvenile court.

Clearinghouse (CCP 63.001)

means the missing children and missing persons information clearinghouse.

Referral to Juvenile Court (FC 51.02)

means the referral of a child or a child's case to the office or official, including an intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.

Possible Match (CCP 63.001)

occurs if the similarities between an unidentified body and a missing child or person would lead one to believe they are the same person

Custodian (FC 51.02)

the adult with whom the child resides

Colocations of Investigation (FC 261.3126)

the department and the local law enforcement agencies that investigate child abuse in the county shall colocate in the same offices investigators from the department and the law enforcement agencies to improve the efficiency of child abuse investigations. With approval of the local children's advocacy center and its partner agencies, in each county in which a children's advocacy center established under Section 264.402 is located, the department shall attempt to locate investigators from the department and county and municipal law enforcement agencies at the center.

Neglect (FC 261.001)

the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child

Guardian (FC 51.02)

the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.

School Records System (CCP 63.019)

• On enrollment of a child under 11 years the school shall notify the person enrolling the student that not later than the 30th day (90 if born outside of US) the person must provide a certified copy of the child's birth certificate. • School shall notify appropriate LEA before the 31st day if failure to comply. • LEA shall immediately check clearinghouse

Notification to Schools Required (CCP 15.27)

• Orally by next school day or within 24 hours • Written within 7 days marked Personal and Confidential Superintendent Orally 24 hours

Investigation of Report (FC 261.301)

• The department(CPS) SHALL make a prompt and thorough investigation of a report of abuse/neglect committed by a person responsible for child. • Not required to investigate a report that alleges child abuse or neglect by a person other than a person responsible for a child's care, custody, or welfare. The appropriate state or local LEA shall investigate.

Abuse (FC 261.001)

•Causing or failure to prevent mental, emotional, or sexual conduct that is harmful to the child and results in an observable and material impairment in the child's growth, development, or psychological functioning •Causing or permitting a child to use a control substance •Forcing or coercing a child to enter into a marriage.

Taking into Custody; Issuance of Warning Notice (FC 52.01)

(a) A child may be taken into custody: (1) pursuant to an order of the juvenile court (2) pursuant to the laws of arrest; (3) by a law-enforcement officer, including a school district peace officer, if there is probable cause to believe that the child has engaged in: (A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state; (B) delinquent conduct or conduct indicating a need for supervision; or (C) conduct that violates a condition of probation imposed by the juvenile court; (4) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court; (5) pursuant to a directive to apprehend issued (6) by a probation officer if there is probable cause to believe that the child has violated a condition of release imposed by the juvenile court or referee (b) The taking of a child into custody is not an arrest except for the purpose of determining the validity

Fingerprints or Photographs for Comparison in Investigation (FC 52.0021)

(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

Rights and Duties of Parent (FC 151.001)

(a) A parent of a child has the following rights and duties: (1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education; (4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; (5) except as provided by Section 264.0111 , the right to the services and earnings of the child; (6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment; (7) the right to

Interference with Investigation; Criminal Penalty (FC 261.3032)

(a) A person commits an offense if, with the intent to interfere with the department's investigation of a report of abuse or neglect of a child, the person relocates the person's residence, either temporarily or permanently, without notifying the department of the address of the person's new residence or conceals the child and the person's relocation or concealment interferes with the department's investigation. (b) An offense under this section is a Class B misdemeanor.

Referral of Report by Department or Law Enforcement (FC 261.105)

(a) All reports received by a local or state law enforcement agency that allege abuse or neglect by a person responsible for a child's care, custody, or welfare shall be referred immediately to the department. (b) The department shall immediately notify the appropriate state or local law enforcement agency of any report it receives, other than a report from a law enforcement agency, that concerns the suspected abuse or neglect of a child or death of a child from abuse or neglect. (c) In addition to notifying a law enforcement agency, if the report relates to a child in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to the agency for investigation.

Removal of Flag from Records (CCP 63.022)

(a) On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school or day care facility that has maintained flagged records for the child and the bureau of vital statistics that the child is no longer missing. The law enforcement agency shall notify the clearinghouse that notification under this section has been made. The bureau of vital statistics shall notify the appropriate municipal or county birth certificate agency. The clearinghouse shall notify the school, day care facility, or bureau of vital statistics that the missing child is no longer missing if the clearinghouse determines that the notification was not provided by the law enforcement agency. (b) On notification by the law enforcement agency or the clearinghouse that a missing child has been recovered, the school, day care facility, or birth certificate agency that maintained flagged records shall remove the flag from the records. (c) A school, day care facility, or birth certif

Report Forms (CCP 63.004)

(a) The Department of Public Safety shall distribute missing children and missing person report forms. (b) A missing child or missing person report may be made to a law enforcement officer authorized by that department to receive reports in person or by telephone or other indirect method of communication and the officer may enter the information on the form for the reporting person. A report form may also be completed by the reporting person and delivered to a law enforcement officer.

Missing Children and Missing Persons Information Clearinghouse (CCP 63.002)

(a) The missing children and missing persons information clearinghouse is established within the Department of Public Safety. (b) The clearinghouse is under the administrative direction of the director of the department. (c) The clearinghouse shall be used by all law enforcement agencies of the state.

First Offender Program (FC 52.031)

A juvenile board may establish a first offender program for children taken into custody with charge of: • CINS • Class C other than traffic offense • DC other than any felony above SJF. • DC other than of a SJF or misdemeanor involving violence to a person or the use of firearm.

Place and Conditions of Detention (FC 51.12)

A child may be detained only in a:• Juvenile processing office • Place of non-secure custody • Certified juvenile detention facility - Must be separated from adults by sight and sound. In each county, each judge of the juvenile court and a majority of the members of the juvenile board shall personally inspect, all public or private juvenile pre-adjudication secure detention facilities at least annually and certify in writing if suitable.

Non-offender (FC 51.02)

A child who: - is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of the child; or - has been taken into custody and is being held solely for deportation out of the United States

Juvenile Court (FC 51.02)

A court designated under section 51.04 of this code to exercise jurisdiction over proceedings under this title

Valid Court Order (FC 51.02)

A court order entered under Section 54.04 concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender

Child (FC 51.02)

A person who is: -10 years of age and under 17 years of age; or - 17 years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 yoa

Civil Liability (FC 262.003)

A person who takes possession of a child without a court order is immune from civil liability if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger to the physical health or safety of the child.

Report Made to Appropriate Agency (FC 261.103)

A report shall be made to: 1. any local LE agency 2. the department (CPS) 3. the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.

Matters to be Reported (FC 261.102)

A report should reflect the reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect.

Limitations on State Agency Actions (FC 151.003)

A state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent's child.

Conduct of Investigation (FC 261.302)

An investigation may include: 1) visit to childs home 2) interview and exam of child b) Interview and exam of child may; 1) be conducted at any reasonable time and place 2) include presence of persons department deems as necessary 3) includes transport of child, before department may transport, SHALL attempt to notify parents of the transport. c) investigation may include interview with the parents and any other children in the home. d) If before investigation is complete, agency may take custody of child to prevent further abuse. e) interviews shall be audio or video tapped unless; 1) equipment fails 2) child is unwilling to be recorded 3) department does not have necessary equipment e-1) interview with a child alleged to be sexually assaulted conducted by investigating agency other than department shall be audio/video tapped unless investigating agency determines good cause not to i.e. age, seriousness, nature of allegations.

Adjudication or Disposition (FC 51.13)

An order of adjudication or disposition in a proceeding is not a conviction of crime. Except as provided by chapter 841, Health and Safety Code (Civil Commitment of Sexually Violent Predators), an order of adjudication or disposition does not impose an civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment.

Secure Detention Facility (FC 51.02)

Any public or private residential facility that: - includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility - is used for temporary placement of any juvenile who is accused of having committed an offense, any non-offender, or any other individual accused of having committed a criminal offense.

30 (FC 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

20 (FC 261.3022)

Child Safety Check Alert List: a) The Department of Public Safety of the State of Texas shall maintain a child safety check alert list as part of the Texas Crime Information Center to help locate a child or the child's family for purposes of: (1) investigating a report of child abuse or neglect; (2) providing protective services to a family receiving family-based support services; or (3) providing protective services to the family of a child in the managing conservatorship of the department. (b) If the department is unable to locate a child or the child's family for a purpose described by Subsection (a) after the department has attempted to locate the child for not more than ____ days, the department shall notify the Texas Department of Public Safety that the department is unable to locate the child or the child's family. (c) On receipt of the notice from the department, the Texas Department of Public Safety shall notify the Texas Crime Information Center to place the child and the chi

10 (FC 58.001)

Collection of Records of Children: If the child is not referred to juvenile court within ___ days, that time , the agency shall destroy all information, unless the child is placed in a first offender program or on informal disposition d) If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child, the record will be redacted

Taking Possession of Child in Emergency with Intent to Return Home (FC 262.110)

DFPS, LEO, PO may take temporary possession of a child without a court order on discovery of a child in a situation of danger to the childs health or safety when the sole purpose is to deliver the child without unnecessary delay to the parent/guardian.Department may maintain possession of child up to 5 days until parent/guardian takes possession. If on the 6th day no one takes possession of the child department shall take action.

6 (FC 52.025)

Designation of Juvenile processing office: a) The juvenile board may designate a juvenile processing office for the temporary detention of a child taken into custody under Section 52.01 (this office may not be a cell or holding facility used for other detentions) (Police station can act as JPO) b) Child may be detained in a processing office only for; 1) return of child to parent/guardian 2) completion of essential forms and records. 3) Photographing and fingerprinting of child. 4) issuance of warnings. 5) Receipt of statements from child. c) child may not be left unattended in a juvenile processing office, and is entitled to be accompanied by parent/guardian, or attorney. d) child may not be detained longer than _____ hours.

Shall (FC 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 _______ immediately destroy all copies of the fingerprint records or photographs of the child.

Presumption Regarding Parentage (CCP 63.0015)

For purposes of this chapter, a person named as a child's mother or father in the child's birth certificate is presumed to be the child's parent.

Polygraph Examination (FC 51.151)

If a child is taken into custody, a person may not administer a polygraph exam to the child without the consent of the child's attorney or juvenile court unless the child is transferred to criminal court for prosecution.

Law Enforcement Response to Child Safety Check Alert (FC 261.3023)

If a law enforcement officer encounters a child or other person listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall: 1) Immediately contact DFPS 2) request info from department regarding circumstances of case 3) request info from child regarding well being and current residence Peace officer may temporarily detain child to determine well being. PO may take custody of child without court order. If PO does not take custody, officer shall obtain childs current address and any other relevant information, and report it to DFPS. PO shall notify TCIC that child was located and to whom child was released to.

Privileged Communication (FC 261.102)

In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client.

Parent (CCP 45.057)

Includes a person standing in parental relation, a managing conservator, or a custodian.

7th (CCP 45.057)

Offenses committed by juveniles: b) On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of, the court has jurisdiction to enter an order: (1) referring the child or the child's parent for services (Child Welfare services) (2) requiring that the child attend a special program that the court determines to be in the best interest of the child (3) requiring that the child's parent do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including: (A) attend a parenting class or parental responsibility program; and (B) attend the child's school classes or functions. h) A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. The obligation does not end when the child re

Directive to Apprehend (FC 52.015)

On the request of LE or probation officer, a juvenile court may issue a directive to apprehend a child if the court finds probable cause to take the child into custody.

Missing Children Investigations (CCP 63.011)

On the written request made to a law enforcement agency by a parent, foster parent, managing or possessory conservator, guardian of the person or the estate, or other court-appointed custodian of a child whose whereabouts are unknown, the law enforcement agency shall request from the missing children and missing persons information clearinghouse information concerning the child that may aid the person making the request in the identification or location of the child.

48th (FC 261.101)

Persons Required to Report; Time to Report: a) A person having cause to believe that a child's physical, or mental health or welfare has been adversely affected by abuse/neglect shall immediately make a report. b) A professional that has cause to believe there is abuse/neglect shall make a report no later than the ____ hour.

Law Enforcement Requirements (CCP 63.009)

Shall start investigation with due diligence & IMMEDIATELY but not later than 2 HOURS enter child/person into clearinghouse. Written request made; agency shall request info from clearinghouse. (CCP 63.011)For a period of not less than 48 hours shall immediately make a reasonable effort to locate the child and determine the well being of the child.

Parent (FC 51.02)

The mother or father of a child, but does not include a parent whose parental rights have been terminated

Contents of Report (FC 261.104)

The person making a report shall identify, if known: (1) the name and address of the child; (2) the name and address of the person responsible for the care, custody, or welfare of the child; and (3) any other pertinent information concerning the alleged or suspected abuse or neglect.

Admissibility of Statement of a Child

There are 5 ways the statement of a child can be admissible: 1) the statement is made in writing 2) the statement is made orally 3) the statement is res gestae 4) the statement is made in open court 5) the statement is recorded

Wavier of Rights (FC 51.09)

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. (A child can waive any of his due process rights)

Rights and duties during Period of Possession (FC 153.074)

Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and (4) the right to direct the moral and religious training of the child.

Unacceptable Facilities for Housing Child (FC 262.108)

When a child is taken into possession under this chapter, that child may not be held in isolation or in a jail, juvenile detention facility, or other secure detention facility.

Residence (CCP 45.057)

Where the child lives or resides for a period of at least 30 days

Interagency Memorandum of Understanding (FC 264.403)

a) A center shall enter into a memorandum of understanding regarding participation in the multidisciplinary team response. The center and each of the following agencies must execute the memorandum of understanding: (1) the department responsible for child abuse and neglect investigations; (2) each county and municipal law enforcement agency with jurisdiction to investigate child abuse and neglect in the area to be served by the center; and (3) each county or district attorney with jurisdiction to prosecute child abuse and neglect cases in the area to be served by the center. (b) A memorandum of understanding executed under this section shall include the agreement of each participating agency to cooperate in: (1) minimizing the revictimization of alleged abuse and neglect victims and nonoffending family members through the investigation, assessment, intervention, and prosecution processes; and (2) maintaining a cooperative team approach to facilitate successful outcomes in the criminal

Consent to Treatment by Child (FC 32.003)

a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child 1.) active duty armed services. 2.)16 or older and lives apart from parents and managing own financial affairs. 3.) Consenting to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required to be reported to the Department of Health. 4) is unmarried and pregnant 5) consents to examination and treatment for drug or chemical addiction 6) is unmarried, is the parent of a child, and has actual custody of his or her child and consents to medical, dental, psychological, or surgical treatment for the child; or 7) is serving a term of confinement in a facility

Immunities (FC 261.106)

a) A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. (b) Immunity from civil and criminal liability extends to an authorized volunteer of the department or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities. (c) A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.

Failure to Report; Penalties (FC 261.109)

a) A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report b) An offense under Subsection (a) is a Class A misdemeanor, unless child was a person with an intellectual disability then it is SJF

Referral to Juvenile Court; Notice to Parents (FC 52.04)

a) The following Shall accompany referral of a child or a childs case to office or official designated or be provided as quickly as possible after referral: 1) all information in possession of the person/agency making referral pertaining to childs identity, address, name and address of parent/guardian, name and address of witnesses, and childs present whereabouts. 2) complete statement of the circumstances of alleged DC/CINS. 3) complete statement of taking child into custody. 4) Complete statement of all prior contacts with child. b) Office may refer case to LE agency for investigation.

Child Taken into Custody (CCP 45.058)

a) Child may be released to parent/guardian or responsible adult if taken into custody for an offense of justice/municipal court. b) child must be taken only to place previously designated by LEA as appropriate nonsecure custody, unless: 1) child is released. 2) taken before justice/municipal court. c) place of non secure custody must be an unlocked, multipurpose area. Lobby, office, or interrogation room is suitable if area is not designated as secure detention area. -Child may not be physically secured to cuffing rail, chair, desk or other stationary object; -Child may only be held long enough for identification, investigation, processing, release to parent, or arranging transport to detention facility. residential use of area is prohibited. -Child SHALL be under continuous observation by LEO, facility staff. -Child may NOT be detained longer than 6 HOURS. i) If citation issued for conduct of child 12 years or OLDER that happened on school property, officer SHALL submit offense repor

Examination without Consent of Abuse or neglect of Child (FC 32.005)

a) Except as provided by Subsection (c), a physician, dentist, or psychologist having reasonable grounds to believe that a child's physical or mental condition has been adversely affected by abuse or neglect may examine the child without the consent of the child, the child's parents, or other person authorized to consent to treatment (b) An examination under this section may include X-rays, blood tests, photographs, and penetration of tissue necessary to accomplish those tests. (c) Unless consent is obtained as otherwise allowed by law, a physician, dentist, or psychologist may not examine a child: (1) 16 years of age or older who refuses to consent; or (2) for whom consent is prohibited by a court order. (d) A physician, dentist, or psychologist examining a child under this section is not liable for damages except for damages resulting from the physician's or dentist's negligence

Guardian Ad Litem (FC 51.11)

a) If a child appears before the juvenile court without a parent/guardian, the court shall appoint a guardian ad litem to protect interests of the child. b) In any case which it appears to the court that the Childs parent/guardian is incapable or unable or unwilling to make decisions in the Childs best interest with respect to the proceedings, court may appoint a guardian ad litem. c) attorney may also be guardian ad litem. LEO, probation officer, or other employee of the juvenile court MAY NOT be appointed guardian ad litem.

Release from Detention (FC 53.02)

a) If child is brought to court or detention facility, authorized officer shall immediately make an investigation and shall release the child unless it appears detention is warranted. Release may be conditioned to return to court, conditions must be in writing. b) A child taken into custody may be detained prior to hearing on the petition only if: 1) child is likely to abscond. 2) suitable supervision by parent/guardian is not provided. 3) child has no parent/guardian. 4) child is a danger to self or public. 5) child has been previously delinquent, or found guilty of PC subject to jail time. 6) child subject to detention because delinquent conduct involved a firearm.

Detention Hearing (FC 54.01)

a) If child is not released a hearing without a jury shall be held not later than 2nd working day after taken into custody. If on Friday or Saturday hearing held on first working day after detention. b) Reasonable notice of detention hearing shall be given oral or written. shall state time, place and purpose. Notice shall be given to child and parent/guardian. b-1) Court shall appoint counsel to child before first detention hearing. d) hearing may be held without parents present if unable to locate. g) no statement by a child at detention hearing may be admissible against the child at any other hearing. h) a detention order extends to the end of the hearing but in no event longer than 10 working days. Each extension shall be no longer than 10 working days.

Responsibility for Transporting Juvenile Offenders (FC 52.026)

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

School Records System (CCP 63.019)

a) On enrollment of a child under 11 years of age in a school for the first time at the school, the school shall: (1) request from the person enrolling the child the name of each previous school attended by the child; (2) request from each school identified in Subdivision (1), the school records for the child and, if the person enrolling the child provides copies of previous school records, request verification from the school of the child's name, address, birth date, and grades and dates attended; and (3) notify the person enrolling the student that not later than the 30th day after enrollment, or the 90th day if the child was not born in the United States, the person must provide: (A) a certified copy of the child's birth certificate; or (B) other reliable proof of the child's identity and age and a signed statement explaining the person's inability to produce a copy of the child's birth certificate. (b) If a person enrolls a child under 11 years of age in school and does not provide

System for Flagging Records (FC 63.021)

a) On receipt of notification by a law enforcement agency or the clearinghouse regarding a missing child UNDER the age of 11 the school, daycare, or birth certificate agency shall maintain the childs records in its possession so that on request regarding the child they will be able to notify law enforcement or clearinghouse of the request for flagged records. b) when request of flagged record is made, the facility shall: 1) require person requesting info to fill out form stating name, address, phone number and relationship to the child. 2) obtain copy of DL or photo ID 3) if request for a birth certificate, inform them that they will receive it by mail. 4) immediately notify appropriate LE agency and include a physical description of requesting party. c) shall mail copy of requested information after 21st day of request. d) If request is made for flagged record, immediately notify LE agency and provide LE a copy of written request.

Children Taken into Custody for Violation of Juvenile Curfew Order (CCP 45.059)

a) Peace Officer taking child under 17 years of age for violation of municipal curfew shall without unnecessary delay: 1) release person to parent/guardian; 2) take person before justice/municipal court; or 3) take person to juvenile curfew processing office. b) Juvenile curfew processing office must observe following procedures; 1) office must be unlocked. 2) person may not be physically restrained. 3) person may not be held longer than necessary. 4) curfew office may not be residential. 5) person must be under continual supervision. 6) cannot be held longer than 6 hours.

Function of Clearinghouse (CCP 63.003)

a) The clearinghouse is a central repository of information on missing children, missing persons, and attempted child abductions. (b) The clearinghouse shall: (1) establish a system of intrastate communication of information relating to missing children and missing persons; (2) provide a centralized file for the exchange of information on missing children, missing persons, and unidentified dead bodies within the state; (3) communicate with the national crime information center for the exchange of information on missing children and missing persons suspected of interstate travel; (4) collect, process, maintain, and disseminate accurate and complete information on missing children and missing persons; (5) provide a statewide toll-free telephone line for the reporting of missing children and missing persons and for receiving information on missing children and missing persons; (6) provide and disseminate to legal custodians, law enforcement agencies, and the Texas Education Agency informa

Use of Information and Records; Confidentiality and Ownership (FC 264.408)

a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public, and may only be disclosed for purposes consistent with this chapter. Disclosure may be made to: (1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state or local agencies that provide services to children and families; and (2) the attorney for the alleged victim who is the subject of the records and a court-appointed volunteer advocate appointed for the alleged victim

Disposition Without Referral to Court (FC 52.03)

a) an officer may 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.... 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

Detention Hearing for Status Offenders and Non-Offenders; Penalty (FC 54.011)

a) hearing shall be held before the 24th hours after the time child arrived at detention facility. excluding weekends and holidays. b) judge may order a child in detention accused of valid court order detained not longer than 72 hours if; 1) PC for violation of court order. 2) child likely to abscond, no suitable supervision, child is a danger to himself or community. c) detention may be extended an additional 72 hours on good cause by juvenile court. d) detention order may be extended on demand of child's attorney allowing attorney 10 days to prepare.

Secure Correctional Facility (FC 51.02)

any public or private residential facility, including an alcohol or other drug treatment facility that: - includes construction fixtures designed to meet and activities of juveniles or other individuals held in a lawful custody in the facility; and - is used for the placement of any juvenile who has been adjudicated as having committed an offense, any non-offender, or other individual convicted of a criminal offense.

Investigations in Juvenile Justice Programs and Facilities (FC 261.405)

b) A report of alleged abuse, neglect, or exploitation in any juvenile justice program or facility shall be made to the Texas Juvenile Justice Department and a local law enforcement agency for investigation. (c) The Texas Juvenile Justice Department shall make a prompt, thorough investigation as provided by this chapter if that department receives a report of alleged abuse, neglect, or exploitation in any juvenile justice program or facility. The primary purpose of the investigation shall be the protection of the child. (d) In an investigation required under this section, the investigating agency shall have access to medical and mental health records (e) As soon as practicable after a child is taken into custody or placed in a juvenile justice facility or juvenile justice program, the facility or program shall provide the child's parents with: (1) information regarding the reporting of suspected abuse, neglect, or exploitation of a child in a juvenile justice facility or juvenile justi

Failure to pay fine; Contempt: Juveniles (CCP 45.050)

b) Justice or municipal court may not order confinement of a child for: 1) Failure to pay fine for offense that is punishable by fine only. 2) Failure to appear. 3) Contempt of another order of a justice or municipal court. c) If a child fails to obey an order of a justice or municipal court, court may: 1) refer child to juvenile court for DC; or 2) retain jurisdiction of the case, and hold child in contempt and order either or both of; A) contemnor pay a fine not to exceed $500; or B) DPS suspend contemnors DL or permit, or deny issuance of DL/permit. d) Justice or municipal court may hold person in contempt, and issue remedy if person was under 17 when offense committed, person failed to obey order while person was 17 years or older, and failure to obey occurred constituted contempt of court.

Missing Child or Missing Person Report (CCP 63.001)

information that is: (A) given to a law enforcement agency on a form used for sending information to the national crime information center; and (B) about a child or missing person whose whereabouts are unknown to the reporter and who is alleged in the form by the reporter to be missing.