Family Code and Juvenile Justice
- Temple College
- Criminal Justice
- Criminal Justice 1
- Family Code and Juvenile Justice
Last Modified: 2013-08-24
Purpose of the code
-Provide for the protection of the public and public safety
-Remove the taint of criminality from children committing unlawful acts
-Protect the welfare of the community and control the commission of unlawful acts by children
-Provide simple judic
Child means a person who is ___years of age or older and under ___years of age.
The adult with whom the child resides in the home
Person who, under court order is the guardian of the person or the child, or the public or private agency with whom the child has been placed by a court
Judge or Juvenile Judge
means the judge of the juvenile court
A child who is subject to jurisdiction of a court order under abuse, dependency or neglect
Or a child who has been taken into custody and is being held solely for deportation
The mother or the father of a child but does not include a parent whose parental rights have been terminated.
Means the state.
Referral to juvenile court
Always includes the probation department
Secure correctional facility
public or private residential facility including an alcohol or other drug treatment facility
used of the placement of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any individual convicted of a criminal o
Secure detention facility
any public or private residential facility that is used for the temporary placement of any juvenile who is accused of having committed an offense
A child who is accused, adjudicated, or convicted for conduct that would not be a crime if committed by an adult i.e.
truancy, running away, failure to attend school, violation of juvenile curfew, drinking alcohol
Any fine-able penal offense tha
A violation of a motor vehicle traffic ordinance of an incorporated city or town
Valid court order
Court order concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender
Conduct that could result in punishment by imprisonment or confinement in jail.
Conduct indicating a need for supervision
Conduct other than a traffic offense that violates the penal laws of this state that are misdemeanors
Conduct that if committed by and adult would result in a fine only
Habitual Felony conduct
Two or more violations of the penal code in the felony grade
Waiver of rights
waiver is made by child and attorney for the child
the child and the attorney for the child are informed and understand the rights and consequences of it
the waiver is voluntary
the waiver is made in writing or in court proceedings that are rec
In custody definition
Would a reasonable person or child believe he or she was to the degree associated with formal arrest
When the child is in a detention facility
While the child is in custody of an officer or
When the child is in possession of DFPS
Child Custody statement
Child must be taken before a magistrate before statement is taken
Magistrate must give Miranda
Magistrate certifies child knowingly waives his rights
statement can then be taken by officer
Statement is then read by the child a
Can be recorded
Where can a child be detained?
In juvenile processing office
A Place of nonsecure custody
Certified juvenile detention facility
Secured detention facility
County jail or other facility
The law enforcement officer who takes custody if the child must.
Transport the child to and from the designated location
Do not forward a childs records to dps if...
If child is in a first time offender program
Or 90 days after completion of the program
A child may not be photographed or fingerprinted without the consent of the juvenile court unless
the child is taken into custody,
referred to juvenile court for felony conduct, or
for a misdemeanor punishable by confinement in jail
A leo may take temp custody of a child to take their photo if
The officer has probable cause to believe the child has engaged in delinquent conduct and
The officer has probable cause to believe the child's photograph will be of material assistance in the investigation of that conduct
In regards to photos, If a leo does not take the child into custody
The child shall be released from temporary custody as soon as the fingerprints or photographs are obtained.
Non matches must be destroyed immediately
Parents or guardians must be notified of action taken
photos and prints may be taken at a juvenil
A child may be taken into custody
Pursuant to an order of the court
Pursuant to arrest
By a leo if there is probable cause to believe the child engaged in delinquent conduct, conduct that violates probation,
For conduct that violates penal laws of the state
By a probation offic
In lieu of taking a child into custody A leo may
Issue a warning to the child ( Citation)
Directive to apprehend
Same as an arrest warrant for an adult
A Justice or municipal court may not order confinement of a child for
Failure to pay fines or court costs from convictions
Contempt of court
A child in custody may not be secured to?
or other stationary object
the child may only be held long enough to establish id, investigate, process, release to parents,
or arrange his or her transportation to a detention facility or court
A leo who takes someone younger than 17 into custody for curfew violation,
Shall release the person to the parent or guardian or custodian,
Or take them before a magistrate,
Take them to a juvenile processing office.
An officer who takes a child into custody shall
release the child to parent, guardian, custodian,
bring the child before the magistrate
bring the child to a detention facility
bring the child to a secure detention facility
bring the child to a medical facility
bring the child to school
First offender program
Juvenile board may establish a program for CINS offenses,
First time offender program;
Every December each law enforcement agency must do what three things
Report the last known address,
The gender and ethnicity and
The offense committed
Duties and rights of the parent include
Once a child is taken into custody the child can not be held where?
A child may not be held in isolation, jail, juvenile detention facility, or other secure detention facility
If a child is enrolled in a secondary school and arrested or referred
the superintendent must be notified orally within 24 hours, then the instructor for that child must be notified;
within 7 days of the oral notice, written confidential notice is required to the superintendent
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