14. Family Code and Juvenile Issues Flashcards
The person who, under court order is the guardian of the person or of the child, or is the public place with whom the child has been placed.
Guardian
The adult with whom the child resides.
Custodian
The mother or father of the child but does not include a parent whose parental rights have been terminated.
Parent
In FC Juvenile Code, a child is from what age to what age?
10-16
A child violates a Penal law of this state or of the United States punishable by imprisonment or by confinement in jail.
Delinquent Conduct
A child violates a penal law of this state of the grade of misdemeanor that are punishable by fine only.
Conduct Indicating a Need for Supervision
Age of responsibility for murder.
10+
Age of responsibility for Aggravated Controlled Substance Felony or F1.
14+
When would a Juvenile Court wave jurisdiction?
Felony grade offenses
Subject to jurisdiction of a court under abuse, dependency, or neglect statutes for reasons other than legally prohibited conduct of the child.
Nonoffender
When using children’s fingerprint cards and photographs, what needs to happen after you are done?
Must be immediately destroyed
How long can you keep a child in a temporary detention center?
6 hours
The state, a child who is the subject of proceedings under this subtitle, or the child’s parents, spouse, guardian, or guardian ad litem.
Party
Conduct violating a penal law of the grade of felony , other than a state jail felony.
Habitual Felony Conduct
A child may be released to the child’s __________.
Parent, guardian, custodian, or other responsible adult
Factors affecting youth encounters with police:
- Need for independence
- Rebellion against authority
- Peer pressure
Problems associated with juvenile gang activities:
- Conditions for juvenile gang existence
- Name/identification of leadership
- Geographic turf
- Weapon and drug involvement
- Delinquent activity
Needs met by gangs for juveniles:
- Status
- Self-worth/esteem
- Acceptance
- Fun/excitement/risk
- Credibility/notoriety
- Protection
- Recognition of identity
- Bonding
- Substitution for boredom
- Obtain wealth and materialism
- Survival
Three phases of gang involvement:
- Minor mischief
- Seeking identity
- Drive-by shootings, drugs, killings
Underlying societal strains that give rise to gangs:
- High unemployment
- Lack of primary groups for bonding
- Atmosphere of discrimination/abuse/criticism
- Community seen as uncaring
- Youth’s lack of self control development and respect for self and others
- Environment that uses intimidation and aggression to solve problems
- Illegal activity is profitable
County attorney, district attorney, or other attorney who regularly serves in persecutory capacity in a juvenile court.
Prosecuting attorney
Referral of a child or a child’s case to the office or official, including and intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.
Referral to juvenile court
Any public or private residential facility, including an alcohol or other drug treatment facility that is used for the placement of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense.
Secure correctional 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, any nonoffender, or any other individual accused of having committed a criminal offense.
Secure detention facility
A child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult.
Status offender
A waiver of rights is made by the ________ and the ________; the waiver is made in ________ or in court proceedings that are recorded.
- Child
- Attorney for the child
- Writing
A child may be detained only in a:
- Juvenile processing office
- Place of nonsecure custody
- Certified juvenile detention facility
- Secure detention facility
- County jail or other facility (not with adult offenders)
- Nonsecure correctional facility
A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody and referred to juvenile court before the __ day.
10th
A law enforcement agency shall hold records of a child who has been taken into custody and is placed in the first offender program for __ days while in the program and destroy information within __days after completing the program.
90-90
The statement of a child is ________ in evidence in any future proceeding concerning the matter about which statement was given.
Admissable
A child’s statement must be signed in the presence of a ________ by the child with no ________ or ________ present.
- Magistrate
- Law enforcement officer
- Prosecuting attorney
It shall be the duty of the law enforcement officer who has taken a child ________ to transport the child to the appropriate _______ or to the ________ to which the child is assigned if the child is not released to the parent, guardian, or custodian of the child.
- Into custody
- Detention facility
- School campus
A child may not be ________ or ________ without the consent of the juvenile court unless;
-taken into custody or referred to the juvenile court, for conduct that constitutes a felony or a misdemeanor punishable by confinement or jail.
- Fingerprinted
* Photographed
A violation of a penal statute recognized in transportation code is the same as an adult, regardless of being a child.
Traffic offense
10 or more days within a six-month period, or; on three or more days within a four-week period from school.
Truancy
A place where the child lives or resides for a period of at least 30 days.
Residence
