Texas Family Code - Section 53.04. Court Petition; Answer
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§ 53.04. COURT PETITION; ANSWER. (a) If the preliminary
investigation, required by Section 53.01 of this code results in a
determination that further proceedings are authorized and
warranted, a petition for an adjudication or transfer hearing of a
child alleged to have engaged in delinquent conduct or conduct
indicating a need for supervision may be made as promptly as
practicable by a prosecuting attorney who has knowledge of the
facts alleged or is informed and believes that they are true.
(b) The proceedings shall be styled "In the matter of
______________."
(c) The petition may be on information and belief.
(d) The petition must state:
(1) with reasonable particularity the time, place, and
manner of the acts alleged and the penal law or standard of conduct
allegedly violated by the acts;
(2) the name, age, and residence address, if known, of
the child who is the subject of the petition;
(3) the names and residence addresses, if known, of
the parent, guardian, or custodian of the child and of the child's
spouse, if any;
(4) if the child's parent, guardian, or custodian does
not reside or cannot be found in the state, or if their places of
residence are unknown, the name and residence address of any known
adult relative residing in the county or, if there is none, the name
and residence address of the known adult relative residing nearest
to the location of the court; and
(5) if the child is alleged to have engaged in habitual
felony conduct, the previous adjudications in which the child was
found to have engaged in conduct violating penal laws of the grade
of felony.
(e) An oral or written answer to the petition may be made at
or before the commencement of the hearing. If there is no answer, a
general denial of the alleged conduct is assumed.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 25, eff. Jan. 1,
1996.
Section: 52.041 53.01 53.012 53.013 53.02 53.03 53.035 53.04 53.045 53.05 53.06 53.07 53.08 54.01 54.011
Last modified: August 11, 2007
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