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Juvenile Offenders
Review
| Question (pick one answer) | Answer A | Answer B |
|---|---|---|
| A juvenile can be fingerprinted regardless of age and if arrested for a Class B offense or above for the purpose of: | Immediate comparison w/ latent prints | Delinquency |
| The Texas Family Code assigns juvenile court jurisdiction: | To cases of delinquency and those in need of supervision | To an abuse child |
| Define Child? | A person who is 10yrs or older and under 17 yrs of age | A child under 15yrs |
| A juvenile may be taken into custody for the following reasons | Pursuant to the GC and of the Penal Code credible and prudent person has probable cause to protect child | Pursuant to the laws of arrest of the Penal Code and probable cause that the child has engaged in delinquent conduct |
| A LEO may take possession of a child without a court order under any circumstances? | True | False |
| Delinquent Conduct is conduct including traffic offenses, that violates the Penal Laws of this State | True | False |
| A child may be held in a jail with adults arrested if no separate juvenile facility is available by ________________. | by a barrier wall, of sights and sounds and adults not having knowledge of any child | by sight and sound |
| A child can be detained in which of the following areas: | A Certified Detention Center | A CPS Office |
| Persons reporting child abuse pursuant to the Family Code are: | Immune from civil liability that might otherwise be incurred or imposed, unless they are reporting in GOOD FAITH or malice | Immune from civil liability that might otherwise be incurred or imposed, unless they are reporting in BAD FAITH or malice |
| Which of the following may take possession of a child without a court order if necessary conditions are met? | A. Peace Officer B. Representative of HRM C. Juvenile Probation Officer D. All of the Above E. A & C only | Answer Here: |
| A person commits ______. If in any case a child is caused to become a delinquent, neglected child, or encourages dependency. | Contributing to delinquency or dependency of a child | Delinquency/Dependency of a child |
| Nothing in Title 3 Delinquent Children and Children in Need of Supervision, TX Family Code, prevents criminal proceedings against a child for perjury | True | False |
| Parent as defined in the Family Code, does include a parent whose | True | False |
| A peace officer may take custody of a child without a court order based on...(BOTH Columns are Correct) | - Personal knowledge which involved immediate danger and there is not time to obtain a temporary restraining order - Voluntary delivery of he child by the parent | - Information furnished by another which has been corroborated by personal knowledge which would lead a person of ordinary prudence to believe there is immediate danger |
| A person is required to report child abuse when that person having cause ________ that a child's physical or mental health has been or may be adversely affected by abuse or neglect by any person | Believes | believes beyond a reasonable doubt |
| Define Abuse | Mental or Emotional, Physical injury, failure to make a reasonable effort to prevent physical injury | Mental or Physical injury, failure to make a reasonable effort to prevent physical injury, abuse and neglect |
| Define Neglect | Leaving a child in a situation where the child is exposed to a substantial risk of harm, failure to seek or follow up with medical care | Exposed a child to a substantial risk of harm, failure to seek or follow up with medical care, without a reasonable effort to prevent abuse or neglect |
| Which of the following may file a report of Child abuse? | TX DHS, Physician, TX DHS | LEA, TX DHS, and State Agency that operates the licensing of the place where the abuse occurred, Family Physician |
| A person is not immune from liability, civil or criminal when __________ child abuse. | done in good faith or malice when reporting | done in bad faith or malice when reporting |
| The Texas Family Code assigns juvenile court jurisdiction | only to acts of delinquency | to cases of delinquency and those in need of supervision |
| __________ means the mother or the father of a child, but does not include a parent whose parental rights have been terminated | Parent | Guardian |
| _____________ means a child who is accused, adjudicated or convicted for conduct that would not, under state law, be a crime if committed by an adult. | Juvenile Offender | Status Offender |
| Conduct Indicating a Need for Supervision includes all of the following EXCEPT: | Conduct violating a penal law of the state punishable by imprisonment | Conduct that violates a lawful and reasonable order |
| All of the following are statutorily prescribed rights and duties of parents except: | Manage the estate of the child | Duty of unreasonable discipline |
| The adult with whom the child resides best defines: | Custodian | Caretaker |
| Title III, Juvenile Justice code serves to provide for the protection of the public and public safety. | True | False |
| Title 3 serves to prevent criminal proceedings for juveniles. | True | False |
| Title III, Juvenile Justice code serves | Provide for the protection of the public, children, to achieve the foregoing purposes in a family environment | Provide for the protection of the custodial parent of child, children, to achieve the foregoing purposes in a family environment |
| The adult with whom the child resides best defines: | Custodian | Guardian |
| The Texas Family Code defines child as: | A person who is 10 years of age or younger and under 17 years of age | A person who is 10 years or older and under 17 years of age |
| The child or the public or private agency with whom the child has been placed by a court is known as the | Guardian | Custodian |
| A child who is subject to jurisdiction of a court under abuse, dependency, or neglect statutes other than legally prohibited conduct of the child. | Juvenile offender | Non-offender |
| Secure Correctional Facility defines: | Public or private residential facility, include an alcohol/other drug treatment facility, includes construction fixtures designed to physically restrict the movements & activities of juveniles or other individuals held in lawful custody in the facility. | Private residential facility, include an alcohol/other drug paraphernalia, includes construction fixtures designed to physically restrict the movements & activities of juveniles and individuals held in lawful custody in the facility. |
| This is used for the temporary placement of any juvenile who is accused of having committed an offense, any non-offender, or any other individual accused of having committed a criminal offense. | Secure Detention Facility | Prison/Jail |
| A order concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender. | Valid Court Order | Warrant |
| "Parent" as defined in the Family Code, does include a parent whose parental rights have been terminated | True | False |
| The juvenile court has exclusive original jurisdiction over proceedings involving delinquent conduct or conduct indicating a need for supervision. | True | False |
| A county court has jurisdiction of a proceeding involving a petition approved by a grand jury in juvenile court cases. | True | False |
| Delinquent Conduct is conduct, including traffic offenses, that violates the Penal Laws of this State. | True | False |
| Nothing in ________ Delinquent Children and Children in Need of Supervision, the Texas Family Code, prevents criminal proceedings against a child for perjury. | Title 3 | Title 8 offenses |
| Delinquent Conduct: | Conduct, other than a traffic offense, that violates a juvenile in need of supervision of this state or of the United States punishable by imprisonment or by confinement in jail. | Conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail. |
| Conduct other than a traffic offense, that violates the penal laws of this state of the grade of misdemeanor that are punishable by fine only. | Conduct indicating a need for supervision | Delinquent conduct |
| Conduct indicating a need for supervision includes | An act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled | State Jail Felony, but separated from adults by sights and sounds |
| Conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint | State jail felony | Conduct indicating a need for supervision |
| Conduct indicating a need for supervision includes | Conduct indicating that a prudent parent must be responsible for child to prevent abuse and neglect | Conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court |
| An act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled | Conduct indicating a need for supervision | Illegal conduct |
| Conduct indicating a need for supervision includes | Conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint | Illegal conduct that would typically be illegal for adults |
| If the county court is designated as a juvenile court, at least one other court shall be designated as the __ | Juvenile court | Court of record |
| The Texas Family Code assigns juvenile court jurisdiction... | Only to cases of child neglect | To cases of delinquency and those in need of supervision |
| Any right granted to a child by this title 51.09 or by the constitution or laws of this state or the United States may be waived in proceedings under this title if: (Both columns are correct) | The waiver is made by the child and the attorney for the child; | The child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it; |
| Any right granted to a child by this title 51.09 or by the constitution or laws of this state or the United States may be waived in proceedings under this title if: (Both columns are correct) | The waiver is voluntary; and | The waiver is made in writing or in court proceedings that are recorded. |
| The statement of a child is admissible in evidence in any future proceeding concerning the matter about which the statement was given if: | If the statement is made in writing under a circumstance described The statement is made orally and the child makes a statement of facts or circumstances that are found to be true and tend to establish the child's guilt | The statement is made before a any court considering a petition |
| The statement of a child is admissible in evidence if the statement shows that the child has at some time before the making of the statement received from a magistrate a warning that | The child may remain silent That any statement that the child makes may NOT be used in evidence against the child; The child has the right to interview with judge at any time | The child may remain silent That any statement that the child makes may be used in evidence against the child; The child has the right to have an attorney present The child has the right to terminate the interview at any time |
| If the child's parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to court proceedings the juvenile court will | Appoint a guardian ad litem to protect the interest of the child | Appoint a law enforcement officer as their guardian ad litem |
| The adjudication or disposition of a child or evidence adduced in a hearing may be used only in subsequent | Court hearings, Sentencing proceedings in juvenile court, Civil commitment proceedings | Proceedings, Sentencing proceedings in criminal court, Civil commitment proceedings |
| A child may not be committed or transferred to a penal institution primarily for the execution of sentences of persons convicted of crime (Both Columns are correct) | Temporary detention pending juvenile court hearing or disposition After transfer for prosecution in criminal court | After transfer from the Texas Juvenile Justice Department After transfer from a post-adjudication secure correctional facility |
| An attorney for a child may be his guardian ad litem | True | False |
| The statement "A child is admissible in evidence if the magistrate has examined the child, determine child understands nature and contents of statement & knwingly, intelligently and voluntarily waives rights | True | False |
| A child may not be accompanied by their parent, guardian, or other custodian in the processing center. | True | False |
| It is the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility or to the school campus to which the child. | True | False |
| A child can be detained in which of the following areas: | A holding facility with adults | A certified detention center |
| A child man not be detained in a juvenile processing center for more than __ | 6hours | 4hours, without unnecessary delay |
| The receipt of a statement by the child | The return of the child to the custody of a person, completion of essential forms and record, photographing and fingerprinting of the child and the issuance of warnings. | The return of the child to the custody of a person, fingerprinting child latent prints and citations The completion of essential forms and record The photographing and fingerprinting of the child The issuance of warnings |
| If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the | Law enforcement officer who has taken the child into custody, the sheriff of that county to transport the child to the appropriate juvenile detention facility | The parents or guardian of the child |
| A juvenile can be finger printed regardless of age and if arrested for a Class B misdemeanor offense or above for the purpose of: | Providing a complete report to the juvenile court | Immediate comparison with latent fingerprints |
| If the child is referred to juvenile court on or before the ___ day after the date the child is taken into custody , the law enforcement agency shall destroy all information. | 10th | 6th |
| A law enforcement agency shall forward __relating to a child that has been taken onto custody by the agency for inclusion in the juvenile justice information system if the juvenile has been referred to juvenile court. | Must not forward any information | Information and Fingerprints |
| If information relating to a child is contained in a document that also contains information on an adult, the law enforcement agency | Is required to destroy all information relating to the child | Is required to do nothing, it is an official document |
| A law enforcement officer may take temporary custody of a child to take the child's photograph the officer has probable cause to believe that the child | Has engaged in delinquent conducts | Is a danger to himself or others |
| A child who is transferred to criminal court for prosecution may be administered a polygraph examination without the consent of the child's attorney or the juvenile court. | True | False |
| A child may not be photographed or fingerprinted unless they have been referred to the juvenile court for any offense. | True | False |
| A child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody. | True | False |
| A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program. | True | False |
| A law-enforcement officer who is authorized to take a child into custody may issue warning notice to the child in lieu of taking the child into custody if a copy of the warning notice is sent to the child's parent, guardian, or custodian. | True | False |
| A justice or municipal court may order the confinement of a child for the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only. | True | False |
| A justice or municipal court may not order the confinement of a child for the failure to appear for an offense committed by the child; or contempt of another order of a justice or municipal court | True | False |
| A justice or municipal court may refer a child who violates a court order while 17 years of age or older to a juvenile court for delinquency proceedings for contempt of court. | True | False |
| A child may not be secured physically to a cuffing rail, chair, desk, or other stationary object. | True | False |
| A peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew shall release the person to the person's parent, guardian, or custodian | True | False |
| A juvenile curfew processing office must be a locked, multipurpose area that is designated, set aside, and used as a secure detention area or part of a secure detention area. | True | False |
| A person may not be held in a juvenile curfew processing office for more than __ hours | Twelve | Six |
| Which of the following may take possession of a child without a court order if necessary conditions are met? | Peace officer, Representative of the department of Human Resources and Juvenile probation officer | Attorney, Representative of the department of Human Resources andJuvenile probation officer |
| A child may be released to | Child's parent, guardian, custodian & responsible adult | Child's parent, guardian, custodian & lawyer, ad litem, LEO, |
| A justice or municipal court may hold a person in contempt and impose a remedy if the person was convicted for an offense committed before the person's __ birthday | 18th | 17th |
| A witness held in custody may be placed in a certified juvenile detention facility for a period not to exceed __ days. | 30 | 90, with placement assured by CPS |
| The court issues this to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court | Bench Warrant | Capias |
| ASAPracticable, not later than the 1st working day after the date a LEO takes a child who is a ward into custody, LEO the law/other person having custody child SHALL notify the court with jurisdiction over the child's guardianship of the child's ___ | Arrest | Detention |
| The judge or referee may order a child in detention accused of the violation of a valid court order detained not longer than __ after the time the detention order was entered | 72 hours | 48 hours, after seeing the judge without unnecessary delay |
| A person commits an offense if the person knowingly detains or assists in detaining a non-offender in a secure detention facility or secure correctional facility in violation of this subsection. An offense is a | Class C | Class B |
| A child taken into custody may be detained prior to hearing on the petition if | Child is likely to abscond, Child has no parent, Child may be dangerous to himself or herself | Child is likely to escape, Child is likely to self-harm, Status offender |
| If a child is brought before the court or delivered to a detention facility, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless | Behaving badly | His detention is warranted |
| A hearing without a jury held on the first working day after the child is taken into custody. | Detention Hearing | Release from custody hearing |
| The detention hearing for a status offender or non-offender who has not been released administratively shall be held before the ___ hour after the time the child arrived at a detention facility, excluding hours of a weekend or a holiday. | 24th | 30th |
| The detention hearing for a status offender shall be held before the 24th hour including hours of a weekend or a holiday. | True | False |
| A law-enforcement may dispose of the case of a child taken into custody or accused of a class c misdemeanor if guidelines for such disposition have been adopted by the juvenile board. | True | False |
| A juvenile board may establish a first offender program for the referral and disposition of children taken into custody. | True | False |
| A juvenile charged with a felony of the first, second, or third degree qualifies for the first offender program. | True | False |
| A child accused of a Class C misdemeanor, other than a traffic offense, may be referred to a first offender program prior to the filing of a complaint with a criminal court | True | False |
| A child accused of a Class C misdemeanor, other than a traffic offense, may be referred to a first offender program prior to the filing of a complaint with a criminal court | True | False |
| The juvenile board shall adopt guidelines for the disposition and they shall be considered mandatory. | True | False |
| The case may not be disposed if there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision and cause to believe that the child may be the victim of conduct that constitutes trafficking. | True | False |
| At risk children between the ages of 7-16 and the families of those children are eligible for early youth intervention services. | True | False |
| On referral of the case of a child who has not been taken into custody, the office or official designated shall __ give notice of the referral and a statement of the reason for the referral to the child's parent, guardian, or custodian. | Promptly | Negligently |
| A complete statement of the circumstances of the alleged __ or __ shall accompany referral to juvenile court of a child's case to the office or be provided as quickly as possible after referral. | Juvenile conduct/conduct indicating a need for supervision | Delinquent conduct/conduct indicating a need for supervision |
| A disposition without referral may involve | Referral of the child to an agency other than the juvenile court A brief conference with the child and his parent, guardian, or custodian. | Referral of the child and the child's parent, guardian, or custodian for services |