juvenile offenders

ccp 63.001 Missing Child

a child whose whereabouts are unknown to the legal custodian and the circumstances indicate that: the child did not voluntarily leave, the child voluntarily left w/o intent to return, the child was taken in violation of a court order

Severe emotional disturbance

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.

ccp 63.001 missing person

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

Presumption Regarding Parentage

a person named as a child's mother or father in the birth certificate is presumed to be the child's parent

rights and duties during period of possession

(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. i.e. a father has the right on his weekends to spank his kids even if the mother does not believe in spankings

Failure to Pay Fine; Contempt of Court

- A juvenile cannot be confined for failure to pay fines or contempt of court - If a juvenile fails to pay fine or is in contempt the court may order: - Referral of the case to juvenile court as delinquent conduct - Impose a fine not to exceed $500; and - Order DPS to suspend/deny the license of the individual until compliance with the court order occurs.

taking emergency possession without a court order

-immediate danger to the physical health or safety of the child; -information furnished by another -child has been the victim of sexual abuse or of trafficking -person who has possession of the child is currently using a controlled substance

Delinquent Conduct

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

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 y non-parent

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

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

Release or Delivery to Court

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

Responsibility for Transporting Juvenile Offenders

It SHALL be the duty of the law enforcement who has taken the child into custody to TRANSPORT the child to appropriate detention facility or school campus if the child is not released to parent/guardian

Informal Disposition Guidelines

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 Delinquent Conduct, or Conduct Indicating Need for Supervision

Jurisdiction

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.

Status Offender

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

traffic offence

a violation of traffic regulations, such as breaking the speed limit

Designation of juvenile processing Office

juvenile board may designate an office or room, which may be located in a police facility or sheriff's office for the temporary detention of a child. May Not be a Holding cell or holding facility

False Report; Penalty

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

Disposition without referral to court

law enforcement may dispose of the case of a child taken into custody or accused of a class C, other than a traffic offense, without referral to juvenile court.1. may not keep child in law enforcement custody2. may not require periodic reporting

Fingerprints or Photographs to Identify Runaways

law enforcement who takes child into custody with PC child has engaged in conduct indicating a need for supervision and after reasonable effort is unable to identify the child, may photograph/fingerprint child to establish identity. law enforcement shall destroy photographs/fingerprints when identity is established or determined child cannot be identified.

Neglect

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

Taking Possession of Child in Emergency with Intent to Return Home

may take temporary possession of a child without a court order on discovery of a child in a situation of danger to the child's 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.

Judge or Juvenile Court Judge

means the judge of a juvenile court.

Abuse

mental, emotional, physical, failure to prevent, sexual conduct, drugs, trafficking, forcing to marry another.

Referral to Juvenile Court (FC 51.02)

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

Report

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

Custodian

the adult with whom the child resides

Colocation of Investigators

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.

exploitation

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

Missing Children and Missing Persons Information Clearinghouse

the missing children and missing person information clearinghouse is established within the DPS. the clearinghouse is under administrative directive direction of the director of the department. clearinghouse shall be used by all law enforcement agencies of the state

Guardian

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.

Function of Clearinghouse

• Central repository of info on missing children, missing persons, and attempted child abductions. Shall: • Establish a system of intrastate communication of info• provide a centralized file • communicate with NCIC.

School Records System

• 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 law enforcement shall immediately check clearinghouse law enforcement agency shall immediately notify other appropriate law enforcement agencies that the missing child has been located

Rights and Duties of Parents

• Right to have physical possession • Direct morals and religion • Duty of care • Duty to support • Consent for marriage and medical treatment .-duty extends until graduation from high school

Investigation of Report

• 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.

Directive to Apprehend

A juvenile court may issue a Directive to Apprehend if the court finds there is PC to take the child into custody. Any law enforcement or Peace Officer shall take child into custody

Interference with Investigation; Criminal Penalty

(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.

conduct investigation

1) visit to child's 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 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.

notification to schools required

A law enforcement agency that arrests any person or refers a child to the Juvenile Probation Department for certain listed offenses must notify the child's school • Orally by next school day or within 24 hours • Written within 7 days marked Personal and Confidential Superintendent Orally24 hours

First Offender Program

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

a child may not be detained in a juvenile processing office for longer than _____ hours

6 hours

Interagency Memorandum of Understanding

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 justice and child protection systems through shared fact-finding and strong, collaborative case development. (c) The memorandum of understanding must be reexecuted: (1) at least every three years; (2) on a significant change to the memorandum of understanding; or (3) on a change of a signatory of a participating agency.

Place and Conditions of Detention

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.

Taking into Custody; Issuance of Warning Notice

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 of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States. (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: (1) guidelines for warning disposition have been issued by the law-enforcement agency in which the officer works; (2) the guidelines have been approved by the juvenile board of the county in which the disposition is made; (3) the disposition is authorized by the guidelines; (4) the warning notice identifies the child and describes the child's alleged conduct; (5) a copy of the warning notice is sent to the child's parent, guardian, or custodian as soon as practicable after disposition; and (6) a copy of the warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board. (d) A warning notice filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary. (e) A law-enforcement officer who has probable cause to believe that a child is in violation of the compulsory school attendance law, may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.

Photographs and Fingerprints of Children

A child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court of conduct that constitutes a felony or a misdemeanor punishable by confinement in jail Does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody if the child's PAREN/GUARDIAN VOLUNTARILY CONSENTS IN WRITING to the photographing or fingerprinting of the child

Non-offender

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

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

Valid Court Order

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

Immunities

A person acting in good faith is immune from civil or criminal liability.

Child

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

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 reason to believe that there is an IMMEDIATE danger to the physical health or safety of the child

Examination without Consent of Abuse or neglect of Child

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 consent of the child or the child's parent's. An examination includes x-rays, blood tests, photographs, and penetration of tissues. unless consent is obtained as otherwise allowed, physician, dentist, or psychologist may not examine a child 16 years of age or older who refuses consent, or who is prohibited by court order.

Report made to appropriate agency

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

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

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 parents child.

Possession and delivery of missing child

An officer discovers that a child is a missing child and the person may flee and try to hide the child, they shall take possession of the child and deliver them back to a person entitled to possession of the child If an entitled person is not available law enforcement shall take child to DFPS. Department may without a court order retain the child in foster care up to 5 days.

Adjudication or Disposition

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 Correctional Facility

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

Confidentiality of Certain Records

Clearinghouse records that relate to the investigation by a law enforcement agency of a missing child, a missing person, or an unidentified body and records or notations that the clearinghouse maintains for internal use in matters relating to missing children, missing persons, or unidentified bodies are confidential

REPORT FORMS

DPS shall distribute missing children/person report forms. report may be made to law enforcement officer authorized by that department to receive reports in person or by phone, or by other indirect form communication and officer may enter information on the for for the person.

Child alert Safety Checklist

DPS shall maintain CSACL as a part of TCIC for purposes of; 1) investigating report of child abuse or neglect. 2) providing protective services to a family 3) providing protective services to family of a child. b)if department is unable to locate for not more than 20 days department shall notify DPS. c) on receipt of notice DPS shall notify TCIC to place child and family on CSASCL. Alert must include name, sex, race, DOB, identifying numbers, and personal description of family members alleged to have abused the child, parent/guardian of child, and child. Families last known address, description of vehicle, case number, departments phone number, date, time and location child was last seen.

Polygraph examination

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

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 child's 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.

Bench Warrant; Attachment of Witness in Custody

If a witness is in a placement in the custody of Juvenile Detention, the court may issue a bench warrant, or direct that an attachment issue to require a peace Officer or Parole Officer to secure custody of the person and produce them in court. b) Court may order witness who is UNDER 17 years be detained in Juvenile Detention Center. If 17 or OLDER placed in adult Detention center. c) Witness held in custody may be placed in juvenile detention facility no longer than 30 days, unless extended. Extensions are in 30 day increments.

Collection of Records of Children

If the child is not referred to juvenile court within 10 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

Privileged Communication

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

System for Flagging Records

On receipt of notification by an law enforcement agency or the clearinghouse regarding a child *under the age of 11*, the school or birth certificate agency shall maintain the child's records in its possession so that they will be able to notify law enforcement or the clearinghouse that a request for a flagged record has been made. copy of the requested record to the requesting party on or after the 21st day after the date of the request.

Missing Children Investigations

On the written request made to a law enforcement agency by a parent/guardian 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 in identification or location of the child.

Abducted Child (GC 411.351)

a child 17 years of age or younger whose whereabouts ate unknown and whose disappearance possess credible threat to the safety and health of the child

Law Enforcement Requirements

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.

Admissibility of a statement of a child

Statement of child admissible in evidence if: (1) Made in WRITING with magistrate certification while in custody; mirandized by judge, no officers present, no guns allowed. (2) Statement is made ORALLY; must be corroborated. (3) Statement made RES GESTAE; unsolicited, spontaneous admission of guilt. (4) Statement made in OPEN COURT. (5) Statement is RECORDED; defense is given 20 days for recording. made in writing made orally made in res gestae made in open court statement is recorded

res gestae

Statements made at the time of an alleged negligent act that are admissible in court as evidence.

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

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.

Alert System (GC 411.351)

The statewide America's Missing: Broadcast Emergency Response "AMBER" alert system for abducted children, and missing persons with intellectual disabilities.

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

Unacceptable Facilities for Housing Child

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

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

5 ways the statement of a child can be admissible

Writing, Orally, Res Gestae, made in open court, recorded

Consent to Treatment by Child

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

Failure to Report; Penalties

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

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 48th hour.

Agency Investigation

a) A state agency that operates as a facility that 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 abused/neglected. The PRIMARY PURPOSE OF THE INVESTIGATION SHALL BE PROTECTION OF THE CHILD

Referral of Report by Department or Law Enforcement

a) All reports received by local agency shall be referred immediately to the department .b) department shall immediately notify proper LE agency. c) If report pertains to child in a facility licensed by the state, department shall refer report to the agency for investigation.

Child Taken into Custody

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 law enforcement 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.

Guardian Ad Litem

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

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

a) If child is not released a hearing without a jury shall be held not later than second 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.

Removal of Flag From Records

a) On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school that has maintained flagged records for the child and the bureau of vital statistics that the child is no longer missing. 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 If a school/daycare believes a child has been recovered they may request information. If no response after 45 days they may remove the flag, and notify law enforcement

Children Taken into Custody for Violation of Juvenile Curfew Order

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

Use of Information and Records; Confidentiality and Ownership

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

Referral to Juvenile Court; Notice to Parents

a) The following Shall accompany referral of a child or a child's 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 child's identity, address, name and address of parent/guardian, name and address of witnesses, and child's 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

Detention Hearing for Status Offenders and Non-Offenders; Penalty

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.

Fingerprints or Photographs for Comparison in Investigation

a) law enforcement may take temporary custody of a child to take fingerprints if; 1) officer has PC to believe child has engaged in DC AND. 2) officer has investigated that conduct and has found other fingerprints during the investigation and;3) officer has PC that child's fingerprints will match other fingerprints. b) Same rules apply for photographs of child, may also get photograph from juvenile probation dept. e) law enforcement SHALL 1) destroy photographs/fingerprints if they do not lead to positive comparison or identification and; 2) make reasonable effort to notify parent/guardian of action taken

Secure Detention Facility

any public or private residential facility that 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.

Investigations in Juvenile Justice Programs and Facilities

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 justice program to the Texas Juvenile Justice Department; and(2) the Texas Juvenile Justice Department's toll-free number for this reporting. Consent by Non-Parent (FC

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, the court has jurisdiction to enter an order :1) Referring the child or child's parent/guardian for services 2) requiring child to attend a special program court believes will be in the best interest of the child, or requiring the parent/guardian 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 including; attend a parenting class or program, and attend child's school classes. h) a child or parent required to appear before court have an obligation to provide in writing current address and residence of the child; obligation doesn't end when child reaches 17 years of age. Parent has 7 days to notify court of address change. j) Child and parent are entitled to written notice of obligation.