Texas Family Code - Section 52.02. Release Or Delivery To Court
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§ 52.02. RELEASE OR DELIVERY TO COURT. (a) Except as
provided by Subsection (c), 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 designated under
Section 52.025, shall do one of the following:
(1) release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
(2) bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
(3) bring the child to a detention facility designated
by the juvenile board;
(4) bring the child to a secure detention facility as
provided by Section 51.12(j);
(5) bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment; or
(6) dispose of the case under Section 52.03.
(b) A person taking a child into custody shall promptly give
notice of the person's action and a statement of the reason for
taking the child into custody, to:
(1) the child's parent, guardian, or custodian; and
(2) the office or official designated by the juvenile
board.
(c) A person who takes a child into custody and who has
reasonable grounds to believe that the child has been operating a
motor vehicle in a public place while having any detectable amount
of alcohol in the child's system may, before complying with
Subsection (a):
(1) take the child to a place to obtain a specimen of
the child's breath or blood as provided by Chapter 724,
Transportation Code; and
(2) perform intoxilyzer processing and videotaping of
the child in an adult processing office of a law enforcement agency.
(d) Notwithstanding Section 51.09(a), a child taken into
custody as provided by Subsection (c) may submit to the taking of a
breath specimen or refuse to submit to the taking of a breath
specimen without the concurrence of an attorney, but only if the
request made of the child to give the specimen and the child's
response to that request is videotaped. A videotape made under this
subsection must be maintained until the disposition of any
proceeding against the child relating to the arrest is final and be
made available to an attorney representing the child during that
period.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1991, 72nd Leg., ch. 495, § 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1013, § 15, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1374, § 2, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 6.08, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1477, § 5, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1297, § 12, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 283, § 9, eff. Sept. 1, 2003.
Section: 51.18 51.19 51.20 51.21 52.01 52.015 52.0151 52.02 52.025 52.026 52.03 52.031 52.032 52.04 52.041
Last modified: August 11, 2007
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