Texas Family Code - Section 53.012. Review By Prosecutor
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§ 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
attorney shall promptly review the circumstances and allegations of
a referral made under Section 53.01 for legal sufficiency and the
desirability of prosecution and may file a petition without regard
to whether probable cause was found under Section 53.01.
(b) If the prosecuting attorney does not file a petition
requesting the adjudication of the child referred to the
prosecuting attorney, the prosecuting attorney shall:
(1) terminate all proceedings, if the reason is for
lack of probable cause; or
(2) return the referral to the juvenile probation
department for further proceedings.
(c) The juvenile probation department shall promptly refer
a child who has been returned to the department under Subsection
(b)(2) and who fails or refuses to participate in a program of the
department to the prosecuting attorney for review of the child's
case and determination of whether to file a petition.
Added by Acts 1995, 74th Leg., ch. 262, § 22, eff. Jan. 1, 1996.
Section: 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 53.05
Last modified: August 10, 2007
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