Texas Family Code - Section 53.01. Preliminary Investigation And Determinations; Notice To Parents
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§ 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS;
NOTICE TO PARENTS. (a) On referral of a person believed to be a
child or on referral of the person's case to the office or official
designated by the juvenile board, the intake officer, probation
officer, or other person authorized by the board shall conduct a
preliminary investigation to determine whether:
(1) the person referred to juvenile court is a child
within the meaning of this title; and
(2) there is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct
indicating a need for supervision; or
(B) is a nonoffender who has been taken into
custody and is being held solely for deportation out of the United
States.
(b) If it is determined that the person is not a child or
there is no probable cause, the person shall immediately be
released.
(c) When custody of a child is given to the office or
official designated by the juvenile board, the intake officer,
probation officer, or other person authorized by the board shall
promptly give notice of the whereabouts of the child and a statement
of the reason the child was taken into custody to the child's
parent, guardian, or custodian unless the notice given under
Section 52.02(b) provided fair notice of the child's present
whereabouts.
(d) Unless the juvenile board approves a written procedure
proposed by the office of prosecuting attorney and chief juvenile
probation officer which provides otherwise, if it is determined
that the person is a child and, regardless of a finding of probable
cause, or a lack thereof, there is an allegation that the child
engaged in delinquent conduct of the grade of felony, or conduct
constituting a misdemeanor offense involving violence to a person
or the use or possession of a firearm, illegal knife, or club, as
those terms are defined by Section 46.01, Penal Code, or prohibited
weapon, as described by Section 46.05, Penal Code, the case shall be
promptly forwarded to the office of the prosecuting attorney,
accompanied by:
(1) all documents that accompanied the current
referral; and
(2) a summary of all prior referrals of the child to
the juvenile court, juvenile probation department, or a detention
facility.
(e) If a juvenile board adopts an alternative referral plan
under Subsection (d), the board shall register the plan with the
Texas Juvenile Probation Commission.
(f) A juvenile board may not adopt an alternate referral
plan that does not require the forwarding of a child's case to the
prosecuting attorney as provided by Subsection (d) if probable
cause exists to believe that the child engaged in delinquent
conduct that violates Section 19.03, Penal Code (capital murder),
or Section 19.02, Penal Code (murder).
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 21, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 1374, § 5, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1297, § 18, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 283, § 12, eff. Sept. 1, 2003.
Section: 52.025 52.026 52.03 52.031 52.032 52.04 52.041 53.01 53.012 53.013 53.02 53.03 53.035 53.04 53.045
Last modified: August 11, 2007
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