Chapter 33 - Juvenile Offenders - Part 1

What Juvenile Case term is Juvenile case term to Adult Case term? Sentencing Hearing:

Disposition Hearing

(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.

Guardian

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.

Guardian Ad Litem

(FC 51.02) Means the judge of a juvenile court.

Judge or Juvenile Court Judge

(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.

Jurisdiction

(FC 51.02) A court designated under section 51.04 of this code to exercise jurisdiction over proceedings under this title

Juvenile Court

What Juvenile Case term is Juvenile case term to Adult Case term? Indictment/Information:

Juvenile Petition

(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.

Limitations on State Agency Actions

A law enforcement officer ___________ 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.

May

(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

Non-offender

(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.

Place and Conditions of Detention

(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.

Polygraph Examination

(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

10

(FC 52.0151) Bench Warrant; Attachment of Witness in Custody (c) A witness held in custody under this section may be placed in a certified juvenile detention facility for a period not to exceed ____ 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.

30

(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.

6

(CCP 45.057) Offenses committed by juveniles: 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 reaches age 17. On or before the ____ day after the date the child or parent changes residence, the child or parent shall notify the court of the current address in the manner directed by the court. A violation of this subsection may result in arrest and is a Class C misdemeanor. The obligation to provide notice terminates on discharge and satisfaction of the judgment or final disposition not requiring a finding of guilt.

7th

What Juvenile Case term is Juvenile case term to Adult Case term? Conviction:

Adjudication

(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.

Adjudication or Disposition

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

Admissibility of Statement of a 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 years old

Child

(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.

Directive to Apprehend

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 non secure 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 report, statement from witness, and statement by alleged victim. j) Officer may not issue citation to child under 12 years of age for offense on school property. 1) cannot be restrained 2) only long enough to conduct business 3) remains under continuous watch 4) never more than 6 hours.

Child Taken into Custody

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.

Children Taken into Custody for Violation of Juvenile Curfew Order

What Juvenile Case term is Juvenile case term to Adult Case term? Arrest Warrant:

Directive to Apprehend

(FC 51.02) The adult with whom the child resides

Custodian

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

Delinquent Conduct

What Juvenile Case term is Juvenile case term to Adult Case term? Criminal Offense:

Delinquent conduct

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.

Detention Hearing

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.

Detention Hearing for Status Offenders and Non-Offenders; Penalty

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

Disposition Without Referral to Court

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.

Failure to pay fine; Contempt: Juveniles

(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.

First Offender Program

(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

Informal Disposition Guidelines

(CCP 45.057) Includes a person standing in parental relation, a managing conservator, or a custodian.

Parent

(FC 51.02) The mother or father of a child, but does not include a parent whose parental rights have been terminated

Parent

(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.

Referral to Juvenile Court

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.

Referral to Juvenile Court; Notice to Parents

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.

Release from Detention

(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

Release or Delivery to Court

(CCP 45.057) Where the child lives or resides for a period of at least 30 days

Residence

What Juvenile Case term is Juvenile case term to Adult Case term? Defendant:

Respondent

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.

Responsibility for Transporting Juvenile Offenders

(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; (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 represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (9) the right to inherit from and through the child; (10) the right to make decisions concerning the child's education; and (11) any other right or duty existing between a parent and child by virtue of law. (b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements

Rights and Duties of Parent

(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.

Rights and duties during Period of Possession

(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.

Secure Correctional 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.

Secure Detention Facility

(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.

Shall

(c) Temporary custody for the purpose described by Subsection (a) or (b): (1) is not a taking into custody under Section 52.01 ; and (d) If a law enforcement officer does not take the child into custody , the child ____________ be released from temporary custody authorized under this section as soon as the fingerprints or photographs are obtained. (e) A law enforcement officer who under this section obtains fingerprints or photographs from a child ___________: (1) immediately destroy them if they do not lead to a positive comparison or identification; and (2) make a reasonable effort to notify the child's parent, guardian, or custodian of the action taken. (f) A law enforcement officer may under this section obtain fingerprints or photographs from a child at: (1) a juvenile processing office; or (2) a location that affords reasonable privacy to the child.

Shall

A law enforcement officer ____________ 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.

Shall

(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

Status Offender

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; (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 (c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if:

Taking into Custody; Issuance of Warning Notice

(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

Valid Court Order

(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)

Wavier of Rights