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T4 Fam & Juve

QuestionAnswer
In Family Code, a Child is defined as: Prsn bt 10 and 17 yo or bt 17 and <18 yo that's alleged to have engaged in delinquent conduct (51.02)
Adult w whom child resides Custodian (51.02)
Prsn who, under court order, is guardian of prsn Guardian (51.02)
Child who is subject to jurisdiction of court under abuse, dependency, or neglect statutes for reasons other than legally prohibited conduct of child or taken into custody & is being held solely for deportation out of US Nonoffender (51.02)
Mother or father of a child bud doesn't incl parent whose parental rights have been terminated Parent (51.02)
The state, a child who is subject of proceedings under Family Code or child's parent, spouse, guardian Party
Public/priv residential facility, incl alcohol/drug tx facility that incl construction fixture designed to physically restrict activities of juve held in lawful custody & used for placement of juve who has been adjudicated committed offense, nonoffender Secure Correctional Facility (51.02)
Public/Priv residential facility that incl construction fixture designed to physically restrict activities of juve held in lawful custody & used for temp placement of juve who has been accused of committed offense, nonoffender Secure Detention Facility (51.02)
Child who is accused, adjudicated, or convicted for conduct that would not be a crime if committed by an adult. Truancy, Running away from home, Juve curfew. Status Offender (51.02)
Court order concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender Valid Court Order (51.02)
Conduct that violates penal laws punish by fine only, penal ord. Absence of child 3+ days wi 4 wk per or 10+ days wi 6 mo per in same school yr. Child absent from home wo consent of parent for substant lngth of time. Inhal fumes. Expelled from school Conduct Indicating Need for Supervision (CINS) (51.03)
Conduct (other than traffic) violates penal law punishable by imprisonment or confinement in jail. Conduct violates court order that would constitute contempt of court in Justice/Municp court, County court for Class C misd, DWI, BWI, FWI, Intox Assault Delinquent Conduct (51.03)
A child may be detained only in a: Juve Process Office, Place of nonsecure custody, Certified Juve Detention Facility, Secure Detention Facility, County Jail (51.12)
A child may be taken into custody: Pursuant to order of court. Arrest. LEO or School PO if PC to believe child engaged in violate penal law, Delinq Cond or CINS. Conduct viol probation. Probat Officer if PC to believe viol probation/viol condition of release (52.01)
Prsn taking child into custody, wo delay or taking child any place other than JPO, shall: Release to P/G/C. Bring child a office designated by Juve Board if PC believe engaged in Del Cond, CINS, or viol probation. Bring to Detention Facility designedated by Juve Board. Med facil. Back to school. Dispose of case. (52.02)
Prsn taking child into custody shall ___ give notice of prsns action and ___ to child's P/G/C and ____. Promptly. Reason for taking child into custody. Office designated by Juve Board. (52.02)
Juve board may designate office or rm which may be located ____ as the JPO for ____ of child taken into custody. The office may not be a: Loc in PD or Sheriffi's office. Temporary detention. May not be a cell or holding facility used for detentions other than deten for juve. (52.025)
A child may be detained in a JPC only for: Returning to P/G/C. Complete forms, record, statement. Photos/fingers. Issue warning to child. (52.025)
Can a child be left unattended in JPO? No, they can never be left unattended. (52.025)
When does the clock start when you take child into custody? How long do you have before you have to release them? Clock starts when you take them into custody. 6 hrs. (52.025)
When can child be taken into adult jail? When PO arresting them for DWI, but ONLY to give breath test, then the child is to be taken out immediately. (58.002?)
What do you need in order to photograph or fingerprint a child? Consent of Juven court unless child it taken into custody or referred to JC for felony or Class A or B misd (58.002)
How long can Dept retain possession of a child wo a court order when sole purpose is to deliver child to P/G/C? Not more than 5 days (262.110)
Who can consent to med tx for child when prsn having right to consent cannot be contacted? PO who has lawfully taken custody if PO has reasonable grounds that child is in need of Immediate med tx. Grandparent. Adult bro/sis. Adult aunt/uncle. An education institution where child is enrolled that's rec written authorization. (32.001)
What are the provisions for a child to give consent for own tx? On Active Duty. 16 yo+ & resides sep from parents & manages own finances. Unmarried & preg. Consents for tx for drug addition. (32.003)
What tx can a child give consent for (if the meet the provisions)? Medical, Dental, Psychological, & Surgical TX (32.003)
What are the steps to take a child's statement? PO hands over child to Mag. Mag gives child Miranda/forms then hands back to PO. PO gets written/recorded statement from child. PO hands child and statement back to Mag where Mag and child sign it. (51.095)
When will the municipal or county LEA shall certify to juve board that photos/fingers have been destroyed? On or before Dec 31st of ea year (58.002)
What conduct counts as Delinquent Conduct? DWI, DWI with Child Passenger, FWI, BWI, Intox Assault, Intox Manslaughter, Driving or Oper Watercraft Under Influ of Alcohol by Minor (51.03)
Created by: elizabeth-mcw
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