Texas Family Code - Section 53.02. Release From Detention
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§ 53.02. RELEASE FROM DETENTION. (a) If a child is
brought before the court or delivered to a detention facility as
authorized by Sections 51.12(a)(3) and (4), the intake or other
authorized officer of the court shall immediately make an
investigation and shall release the child unless it appears that
his detention is warranted under Subsection (b). The release may be
conditioned upon requirements reasonably necessary to insure the
child's appearance at later proceedings, but the conditions of the
release must be in writing and filed with the office or official
designated by the court and a copy furnished to the child.
(b) A child taken into custody may be detained prior to
hearing on the petition only if:
(1) the child is likely to abscond or be removed from
the jurisdiction of the court;
(2) suitable supervision, care, or protection for the
child is not being provided by a parent, guardian, custodian, or
other person;
(3) the child has no parent, guardian, custodian, or
other person able to return the child to the court when required;
(4) the child may be dangerous to himself or herself or
the child may threaten the safety of the public if released;
(5) the child has previously been found to be a
delinquent child or has previously been convicted of a penal
offense punishable by a term in jail or prison and is likely to
commit an offense if released; or
(6) the child's detention is required under Subsection
(f).
(c) If the child is not released, a request for detention
hearing shall be made and promptly presented to the court, and an
informal detention hearing as provided in Section 54.01 of this
code shall be held promptly, but not later than the time required by
Section 54.01 of this code.
(d) A release of a child to an adult under Subsection (a)
must be conditioned on the agreement of the adult to be subject to
the jurisdiction of the juvenile court and to an order of contempt
by the court if the adult, after notification, is unable to produce
the child at later proceedings.
(e) Unless otherwise agreed in the memorandum of
understanding under Section 37.011, Education Code, in a county
with a population greater than 125,000, if a child being released
under this section is expelled under Section 37.007, Education
Code, the release shall be conditioned on the child's attending a
juvenile justice alternative education program pending a deferred
prosecution or formal court disposition of the child's case.
(f) A child who is alleged to have engaged in delinquent
conduct and to have used, possessed, or exhibited a firearm, as
defined by Section 46.01, Penal Code, in the commission of the
offense shall be detained until the child is released at the
direction of the judge of the juvenile court, a substitute judge
authorized by Section 51.04(f), or a referee appointed under
Section 51.04(g), including an oral direction by telephone, or
until a detention hearing is held as required by Section 54.01.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1979, 66th Leg., p. 1102, ch. 518, § 1, eff. June
11, 1979; Acts 1981, 67th Leg., p. 291, ch. 115, § 1, eff. Aug.
31, 1981; Acts 1995, 74th Leg., ch. 262, § 23, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 1015, § 17, eff. June 19, 1997; Acts
1997, 75th Leg., ch. 1374, § 6, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 232, § 1, eff. Sept. 1, 1999.
Section: 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 53.06 53.07
Last modified: August 11, 2007
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