Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sgt. Exam > Family Code > Flashcards

Family Code Flashcards

1
Q

Non-Parental consent to treatment for medical, dental, psychological, surgical treatment

A
  • grandparent
  • adult sibling
  • aunt or uncle
  • school (enrolled) w/ written consent
  • adult in control with written consent
  • court with jurisdiction
  • adult responsible under jur. of court
  • peace officer w/ lawful custody - immediate medical
  • TYC - contact guardian and they did not refuse

NOT IMMUNIZATIONS!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Consent Form

What info needs to be on it?

A

In writing and signed by person giving consent

  • name of child
  • name of/or both parents
  • name of person giving consent with relationship
  • nature of treatment
  • date of treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What information needs to be on the consent form?

A
  1. Name of Child
  2. Name of BOTH parents
  3. Name of person giving consent w/relationship
  4. Nature of treatment
  5. Date of treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When can a child give consent?

A
  1. Parents on active duty
  2. 16 years old, runs away from parents, manages own money
  3. Consent for infection disease (AIDS, communicable, contageous)
  4. Unmarried and pregnant OTHER THAN abortion
  5. Drug addiction treatment
  6. Unmarried and parent of a child in their custody (for the child)
  7. Parent in TDC
  8. Unmarried and pregnant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Examination w/o Consent of Abuse or Neglect

A
  1. Doctor, Dentist or Psychologist having grounds to believe that a child’s physical or mental condition has been adversely affected due to abuse or neglect may examine a child without any consent.

May include x-rays, blood tests, photos and penetration of tissue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

No examination allowed

A

Dr cannot examine a child without consent if:

  1. 16 or older & refuses
  2. For when consent is prohibited by court order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define medical professional

A

Doctor, nurse, P.A. Or EMT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Investigations 261.301

CPS shall make a prompt & thorough investigation of a report of child abuse or neglect by a person that is responsible for a child’s care, custody or welfare:

A
  1. Respond immediately to a report of abuse that involves circumstances in which DEATH or SBI will occur unless the dept interviews
  2. Respond within 24 hours to a report of abuse of neglect that is proscribed the HIGHEST authority
  3. Respond within 72 hours, if assigned the SECOND highest authority
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Conduct of Investigation

A
  1. Visit to house
  2. School
  3. Any other place
  4. Can include exams (medical, psych)
  5. Can transport but CPS should attempt to notify parents
  6. Can interview w/parents, other children (exam of other children)
  7. Interview shall be video & audio taped.

M-B if person (parent) shows up & tried to interfere with investigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Conducting CPS Investigation

A
  1. Visit to house
  2. School
  3. Any other place
  4. Can include exams (medical, psych)
  5. Can transport but CPS should attempt to notify parents.
  6. Can interview w/parents, other children (exam of other children)
  7. Interview shall be video & audio taped

M-B if any person shows up & tries to interfere with the investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Interference w/ Investigation 261.3032

A

Person moves, temporary or permanent, during the course of an investigation in busy without notifying CPS

M-B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Anonymous Report 261.304

A
  1. Conduct preliminary investigation
  2. May include home visit
  • Need evidence to corroborate the report of abuse or CPS may not conduct the thorough investigation required by this chapter.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Accepting a Child 262.004 (voluntary surrender)

A

A law enforcement officer or juvenile probation officer may take possession of a child w/o a court order on the voluntary delivery of the child by a parent.

After taking the child, they shall cause a suit to be filed no later than the 60th day.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Abandoned Children 262.008

A

CPS may assume care & custody of a child:

  1. Abandoned w/o ID
  2. Who’s ID cannot be learned by reasonable search

CPS shall immediately file suit for a termination of parent-child relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Removal of alleged perpetrator

A
  1. CPS conducts and investigation
  2. if child is safe in home w/others, CPS shall get a court order for a temporary restraining order to remove the perpetrator
  • Good for 14 days

M-A if person in home does not protect child

M-A for perp to return

F3 if there was a prior conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Taking a child in emergency w/o court order

A
  1. CPS
  2. Police
  3. Juvenile Probation
  • May take immediate possession of a child W/o court order:
  1. Immediate danger to child
  2. Info of another that is corroborated by personal knowledge that there is immediate danger.
  3. Either personal or info from another that is corroborated that sex abuse is taking place.
  4. Using a cont substance and it causes an immediate danger to the child
  5. Making meth at the location
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Release of child by LE or Juvenile Probation

A

Police
Juvenile Probation

If they take a child w/o court order, may release to:

  1. CPS
  2. Child placement agency
  3. Any person authorized by law to take the child.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Petition after child is taken in emergency 262.105

A

When a child is take w/o a court order, CPS or person shall:

  1. File a suit affecting the parent-child relationship
  2. request court appoint an attorney ad litem for child
  3. Request a hearing no later than the 1st working day after the child is taken. 13 days @ longest or child will be returned

If CPS files suit terminating the relationship, suit will be filed no later than the 45th day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

False Report of Child Abuse

A

SJF unless there is a previous conviction, then it is a F3

Civil penalty of $1000.00 to attorney general

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Failure to report abuse

A

M-A

SJF if victim is retarded living in state home & actor knew victim suffered SBI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Consent to counseling

A

A child may consent to counseling:

  1. Suicide prevention
  2. Chemical addiction
  3. Sexual, physical or emotional abuse

A doctor, social worker or counselor that believes that a child has been sexually, physically or emotionally abused, is thinking of suicide or has a drug problem can:

  1. Counsel the child w/o consent of the child’s parents.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Name change order

A

It’s in the interest of the person & of the public

Felony or sex offender can if:

  1. Certificate of Discharge for at least 2 years, or
  2. Off of probation for at least 2 years, or
  3. Been pardoned

Sex offender must notify the Chief of Police or Sheriff that has jurisdiction & provide proof to the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Name change of Adult

A
  1. Name & place of residence
  2. New name requested
  3. Reason for change
  4. Whether felony convictions or sex offender
  5. DPS or FBI fingerprints on file needed
  6. Name, sex, race, DOB, DL for 10 years SSN, FBI or State ID number of known
  7. Offenses charged above M-C
  8. Case #, Court # if warrant was issued above M-C
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Parental Liability

A

Parent is liable for property damage caused by:

  1. Negligent conduct of child if it is attributed to negligent failure of the parent
  2. Willful and malicious conduct of a child

10 years to 17 years old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Authorization Agreement
Which relatives can sign

A

Between Parent and Relative

  1. Grandparent
  2. Adult sibling
  3. Adult aunt or uncle
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Parent or both parents enter into an authorization agreement to authorize:

A
  1. Medical
  2. Dental
  3. Psychological
  4. Surgical
  5. Immunizations
  6. Medical and Car insurance
  7. Enrollment in school or day care
  8. Sports enrollment
  9. D.L.
  10. Job
  11. Public benefits

NO ABORTIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Contents of Authorization Agreement

A
  1. Name and signature of relative
  2. Relationship to child
  3. Relative’s address and phone number
  4. Same info for parent or parents
  5. Statement giving authorization and agreement of both
  6. Statement that no court or other has jurisdiction
  7. No custody or court issues
  8. Court gave written approval with :
    - county
    - # of court
    - Cause #
  9. Change of address for either party
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Authorization Agreement warnings and disclosures

A

Agreement is void unless a copy is mailed to a parent that was not a party to the agreement and that parent’s rights have not been terminated.

no later than 10th day after signed

No right of a relative to agree to an abortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Execution of authorization agreement

A

Signed and notarized

Must have written order if there is pending litigation, custody, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Termination of authorization agreement

A

If either party terminated in writing:

  1. Written notice to other
  2. Files with County Clerk’s Office
    - child resides
    - child resided at time of A.E.
    - relative resides, and
    - clerk of each court for litigation, etc.

Either parent can void w/o the other’s consent

M-B for false statements, duress or misrepresentations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Family Violence

A
  1. Assault or Assault by Threat against a family member or member of household.
  2. Abuse (261.001)
  3. Dating Violence (has had a dating relationship)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Who may file for a Protective Order?

A
  1. Adult member of family or household
  2. Dating Violence - Adult member of dating relationship
  3. Any adult may file for PO to protect a child from FV
  4. Prosecuting Attorney
  5. Dept of Protective and Regulatory Services (CPS)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Protective Orders - how long are they valid

A

Up to 2 years

If time period is not stated, must wat 1 year before filing motion

If it expires while in prison, good for 1 more year after release.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

More Protective Order

A

Hearing - unless reversed by applicant, court has 14 days to set a hearing

IF a PO applies to each person, a separate PO shall be issued to each, not one covering husband and wife.

If person is required to undergo counseling as required, that person has 60 days to file an affidavit that they will begin class.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Ex Parte Order

A

Can be issued immediately if there is clear danger

Good for 20 days and upon request can be extended an additional 20 days

Any individual affected can file a motion to vacate the order. ASAP for date of hearing

Exclusion from residence:

Applicant must have lived there within 30 days of application. The person excluded committed FV within 30 days of application.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Define “Dating Relationship”

A

Relationship between two people who have or had a continuing relationship of a romantic or intimate nature based on:

  1. Length of relationship
  2. Nature of relationship
  3. Frequency and type of interaction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Define “Family”

A

Dating Relationship - Romatic or intimate (71.00213)

Persons related by blood or marriage (71.003)

Former Spouses (71.003)

Parents of the same child (71.003)

Foster Child & Foster Parent (living together or not)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define “Household”

A

From (71.005)

Unit with persons living together without regard to whether they are related.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define “member of a household”

A

From (71.006)

Includes a person who previously lived in a household.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Define “Consanguinity” (573.022)

A

Two people are related if:

  1. One is a descendant of the other
  2. They share a common ancestor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Define “Affinity”

A

Two people are related to each other if:

  1. They are married to each other; or
  2. The spouse of one is related by consanguinity to the other In-laws
  3. Divorce or death of a spouse ends relationships of affinity created by that marriage unless a child of the marriage is living, in which case the marriage is considered to continue as long as the child lives.
42
Q

Domestic Relations Office may obtain records from:

A
  1. DPS
  2. Texas Welfare Comission
  3. National Directory of New Hires
  4. State Case Registry
  5. Secretary of State
    • from registered voter info
43
Q

Parents Right and Duties

A
  1. Have physical possession, religious training, designate residence
  2. Care, control, protection & reasonable discipline of child
  3. Duty to support the child: medical, food, clothing, school
  4. Manage child’s estate
  5. Right to services and earnings
  6. Right to consent to marriage, armed forces, medical
  7. Right to represent child in legal action
  8. Child support
44
Q

Suspension of Texas DL (232.003)

A

3 months behind in child support

Hearing and motion to stay must be files within 20 days

45
Q

Define “Abuse” (261.001)

A
  1. Mental or emotional injury (impairs growth or function)
    2.Cause or permit child to be in situation causing #1
  2. Physical injury resulting in substantial harm
  3. Failure to prevent another’s actions resulting in #2
  4. Sexual conduct including sex offenses in penal code
  5. Failure to prevent sex conduct harmful to child
  6. Compelling or encouraging child to engage in sex conduct
  7. Cause, permit, encourage or allow obscene pornographic filming of child
  8. Current use of a C/S by a person that cause mental or emotional injury to a child
  9. Cause, permit a child to use a C/S
  10. Cause, permit, encourage, engage or allow a sexual performance by a child.
46
Q

Define “Neglect” (261.001)

A

Leaving a child in a situation where child would be exposed to substantial risk of harm - physically or emotionally w/o arranging for care and demonstrating an intent not to return by a parent.

47
Q

False report of child abuse

A

Lies during custody suit about abuse

civil penalty up to $500

48
Q

Transfer from Criminal Court

A

Child charged with an offense other than:

  1. Perjury
  2. Traffic Violation
  3. Class C fine only
  4. Municipal Ordinace (unless already transferred under 54.02)

these all stay in original court

If there is a pending complaint of a misdemeanor other than traffic

Waive jurisdiction if 2 or more convictions.

49
Q

Admissibility of a statement of a child - Written

A

Statement can be made in writing after Miranda while:

  1. Child is in detention facility or other confinement
  2. In custody of an officer
  3. During or after interrogation of the child by an officer if child is in protective services and has broken penal code
50
Q

Admissibility of a statement of a child - Oral

A

Made orally and recorded by recording device and after receiving Miranda AND child waives rights:

  1. Recording is good and not altered
  2. Each voice is identified
  3. Not later than 20 days lawyer gets a copy
51
Q

Right to assistance of an attorney (51.10)

A

A child’s right to representation by attorney SHALL NOT be waived in:

  1. Hearing for transfer to criminal court
  2. Adjudication hearing
  3. Disposition hearing
  4. Hearing prior to commitment to TYC
  5. Hearings for child with mental illness

Attorney shall have 10 days to prepare for:
1. Any adjudication hearing
2. Transfer hearing

52
Q

Admissability of statement of child - Miranda

A

Under section (d) the warning must be as follows:

  1. Magistrate reads Miranda rights
  2. Child must sign statement w/o an officer or prosecutor present
  3. Signed by magistrate

can have a bailiff, but no gun visible

53
Q

Juvenile Justice Code

Conduct indicating a need for supervision

A
  1. Misdemeanor offenses (fine only)
  2. School absence - 10 days in 6 month period, or 3+ days in 1 month
  3. Runaway (not married, divorced or widowed)
  4. Huffing
  5. Violating a court order
54
Q

Juvenile Justice Code

Delinquent Conduct (non-traffic)

A
  1. Conduct punishable by prison or jail
  2. Conduct violating a court order constituting contempt of court
  3. DWI
  4. DUI - Minor 3 or more times
55
Q

Detention Hearing 54.01

A

A referee can conduct the hearing
If an objection is made, judge can hold hearing within 24 hours

Juv judge shall adopt, reject not late than the next working day after the judge receives the recommendation

If de novo is conducted w/o attorney, he must make a request no later than 10th working day.

Court must find P.C. and make finding within 48 hours including weekends and holidays.

If child is in County jail - 24 hours EXCLUDING weekends and holidays

Child must be released within 30 working days for capital felony, First Deg Felony, Agg C/S felony.

Released within 15 working days for others if no petition filed.

56
Q

Taking Child Into Custody, Issuance of Warnings 52.01

A

Child may be taken into custody by:

  1. Order of juvenile court
  2. Pursuant to laws of arrest
  3. By LEO if there is PC
    A. Broken penal law
    B. Delinquent conduct or child in need of supervision
    C. Probation violation
  4. Probation officer
    A. Violated probation conditions
    B. Violated conditions of release
  5. Directive to apprehend (warrant)
57
Q

Time Set For Hearing 53.05

A

If child is in custody or will be in custody

Hearing will not be later than 10 days after the day the petition was filed.

58
Q

Service of Summons 53.07

A

Person in this state and they are found:
- must be 2 days before adjudication hearing

Person in this state, NOT found, but address is good - mail certified copy 5 days before hearing.

Outside of state and address is good - certified mail w/return receipt 5 days before hearing

59
Q

Detention Hearing 54.01

A

If child is not released, a hearing will be held no later than 2nd working day

Child shall be released unless he is not going to return.
No statement made at hearing can be used at another hearing

Initial hearing cannot be waived

Subsequent detention orders will be no more than 10 days, 15 days if child is not in a certified detention facility.

Child can be detained as long as 10 days before hearing if they are in a shelter waiting for transportation and judge signs

60
Q

Jurisdiction 51.04

A

Delinquent conduct or child in need of supervision

Juvenile board designates 1 or more courts

  1. if county court is selected, must have one other court
    A. No jurisdiction over violent or habitual offenders
  2. If judge of court is NOT an attorney, 1 other court must be designated, MUST be a juvenile court designated for each county.
  3. If judge of unavailable, ANY magistrate may make a determination under 53.02(f) - firearm used or exhibited during delinquent conduct, SHALL be detained until released by juvenile court judge.

Referee - attorney appointed to make determinations or conduct hearings 53.02(f)

County < 100,000 - Juvenile court has concurrent jurisdiction w/ JP and municipal court for skipping school 25.094 Education Code

61
Q

Venue 51.06

A

Proceedings shall be conducted :

  1. County where it happened
  2. Where child currently lives but only if child is currently on probation there
    • Cannot tell where crime occurred
    • County where child lives agrees in writing

Writ of Habias Corpus for person in TYC hall be in country where the entered judgement of commitment is located

62
Q

Transfer to Another County for Dispostion 51.07

A

Juvenile court may transfer case to county where child lives for disposition of the case.

Consent by the county court where the child lives is not required

63
Q

Disposition without referral to court - 52.03

A

Juvenile case can be disposed w/o referral if:

  1. Guidelines for disposition have been adopted by Juv. Board
  2. Disposition is authorized by those guidelines
  3. Officer makes written report

No disposition authorized in this section may involve the following:

  1. Keeping the child in L.E. Custody
  2. Reporting of child to LEO, Agency or other Agency

Disposition can authorize:

  1. Referral of child to agency other than Juv. Court
  2. Brief conference w.child and parents, guardians, etc.
  3. Referral of child and parents for services

Dispositions must be reported annually.

64
Q

First Offender Program 52.031

A

Juv. Board can establish a 1st offender program for referrals and dispositions of:

  1. Child in need of supervision
  2. Delinquent conduct

NOT for:
1. F1, F2 or F3
2. Agg controlled substance felony (man/del, large amounts)
3. Capital felony
4. SJF or misdemeanor involving violence to a person or use/possession of a firearm, illegal knife, club or prohibited weapon.

Juv. Board will designate 1 or more officers and agencies (LE) to process a child under this program.

65
Q

First Offender Program 52.031 - Continued

A

Officers can refer a child to designated office or agency in lieu of referral to Juv. Court if:

  1. No adjudication for previous delinquent conduct
  2. It complies with guidelines
  3. officer makes a report
  4. Child cannot be in LE custody
  5. Parents are notified of referral
66
Q

First Offender Program 52.031 - Resolutions

A

Dispositions may include:

  1. Voluntary restitutions to victims
  2. Voluntary community service
  3. Education, vocational training, counseling or rehab
  4. Periodic reporting to the LE agency or Officer once case is closed.

Child cannot be referred to the Juv Court unless child completes program but is taken back into custody for an offense within 90 days

Child shall be referred if:

  1. Child does not complete the program
  2. Child, parent terminates participation

Statements made by child to a person giving advice or supervision about the program may not be used against the child in court.

67
Q

Referral to Juvenile Court; Notice to Parents (52.04)

Study

A

The following must accompany referral of child to Juv Board:

  1. All info in possession of the Agency pertaining to: child’s name, address, name and address of parent, name and address of witnesses and where the child is
  2. Complete statement about illegal conduct
  3. When applicable, statement concerning info about custody
  4. If LE - all prior contacts w/child by that agency

Juv Board may refer cases to LE agency for investigation.

If board refers case to DA or CA for investigation, the agency must first transfer case to juvenile probation for stats. Only juvenile probation has 3 business days to sent it back to the DA or CA to complete investigation.

68
Q

Punishment for contempt

A

County jail no longer than 6 months, $500 fine or both

69
Q

Sanction Level 7 (59.010)

A

Juvenile Dept may certify and transfer sentence to TYC under Determinate Sentence:

40 years, 20 years, 10 years

Structured residential program: 12 months to 10 years

70
Q

Sanction Level 6 59.009

A

Commit Child to TYC or:
1. Residential program for 9-24 months

Require patrols officer to closely monitor for no less than 6 months

TYC may discharge when done or reach 19th birthday

71
Q

Sanction Level 5 59.008

A

As a condition of probation:

  1. Place child in post-adjudication secure correctional
    A. 6-12 months
    B. Continue probation after sentence
72
Q

Transfer of Probation (51.071)

A

Juvenile Court or Probation Department may NOT engage in courtesy supervision with another jurisdiction

Exception 51.075 - Adjoining counties if child lives, works, etc in one county and is on probation in another.

73
Q

Waiver of rights of a Child

A

Rights may be waived in proceedings is:

  1. Made by child and attorney for child
  2. Both are informed of consequences and are informed of rights and understanding them
  3. Voluntary
  4. Made in writing or in recorded court proceedings
74
Q

Sanction Levels

A

Level 1 - Child in need of Super, M/A or M/B

Level 2 - Huffing or Expelled student or M/A or M/B

Level 3 - Misd w/firearm, SJF or F3

Level 4 - F2

Level 5 - F1

Level 6 - F1 w/ Deadly weapon or SBI, Agg C/S, Capital

Level 7 - Same as 6, with habitual felon or transferred to criminal court (big boy court)

75
Q

Sanction Level 1 (59.004)

A
  1. Counseling
  2. Possible progressive sanctions
  3. Release child to parents
76
Q

Sanction Level 2 (59.005)

A
  1. May place the child on deferred prosecution for 3 months
  2. Make restitution or community service restitution
  3. Impose additional conditions of probation
77
Q

Sanction Level 3 (59.006)

A
  1. Place child on probation for up to 6 months
  2. Restitution
  3. Require probation officer to closely monitor.
78
Q

Sanction Level 4 (59.9007)

A
  1. Probation
    A. 3-12 months intensive services
    B. Confine after the above
  2. Restitution
  3. Same as levels 1, 2, 3
79
Q

Deferred Prosecution (53.03)

A

Advise parties no longer than 6 months

Maximum fee of $15.00

Prosecutor may defer for any child if applicable

Probation officer can only if prosecutor consents in writing

Child cannot be on deferred for a combined period longer than 1 year

Not for DWI

80
Q

Juvenile Habitual Felony Conduct

A

A felony (not SJF) if:

  1. 2 previous delinquent conduct felonies and 2nd felony has to be after the 1st
  2. All appeals are over

Any offense before 1996 can’t be used under this section

81
Q

Admissibility of Statement by Child 51.095 custody

A

You can take a statement of a child if they are not in custody

Or

W/o regard to whether statement is taken while child in custody, the statement is voluntary and has a bearing on the credibility of the child as a witness.

82
Q

Admissibility of Statement of a Child - Continued 1

A
  1. Res Gestae statements of delinquent conduct or conduct indicating need for supervision
  2. Statement is made in:A. Open court at adjudication hearing
    B. Before grand jury considering a petition under section 53.045 (violent or habitual offenders)
    C. Preliminary hearing concerning child held in compliance.
83
Q

Admissibility of Statement by Child - Continued 2

A

Statement is made orally and child says something or makes a statement of facts that are found to be true and establishes guilt of the child.

I.E. location of stolen property

84
Q

Admissibility of Statement of a Child - Written

A
  1. Statement is in writing while child is:A. In a detention facility
    B. In custody of an officer, or
    C. During or after interrogation by and officer the child is in CPS and suspected of breaking penal law.
  2. Magistrate reads the Miranda warning to the child
  3. Child signs statement in front of magistrate w/o officer or prosecutor present
  4. Voluntary and child understands statement and magistrate signs.
85
Q

Detention Hearing

A
  • must be by 2nd working day
  • Request for shelter in detention can delay detention hearing for 10 days if voluntarily executed next working day after arrest
  • De Novo detention hearing - new attorney has 10 days and the hearing I must be no later than 2nd working day. Judge or referee has 48 hours to make a PC Finding.
  • service of summons - 2 days in state and found, 5 days for others
86
Q

Writ of Attachment (53.08)

A

For a person who violates an order to bring a juvenile to a hearing.

87
Q

Custodian

A

Adult with whom the child resides

88
Q

Guardian

A

Person who, under court order, is the guardian of child or the public or private agency with whom the child has been placed by the court

89
Q

Non Offender

A

A child subject to jurisdiction of the court under abuse, dependency or neglect statutes or is taken into custody for deportation out of the USA.

90
Q

Non Secure Correctional Facility

A

A facility that accepts juveniles who are on probation

91
Q

Parent

A

Mom and Dad of a child (does not include a parent whose rights have been terminated.)

92
Q

Status Offender

A

Offense committed by a child that would not have been an offense if committed by an adult: truancy, runaway, etc.

93
Q

Issuance of Warning and Notices

A

Law enforcement can issue warning notice in lieu of taking child into custody if:

  1. Guidelines for warning dispositions have been issued by the Dept where the officer works.
  2. Guidelines have been approved by the Juv. Board
  3. Disposition is authorized by guidelines
  4. warning notice ID’s child and conduct
  5. Warning notice is sent to parents after disposition
  6. Filed with LE Agency
94
Q

Post-Adjudication Correctional Facilities

A

County - Judge of Juv Court and a majority of the Juv Board must inspect all facilities not run by TYC

Texas Juvenile Probation Commission shall also annually inspect all facilities not run by the TYC and report to juvenile judge

95
Q

Place of Detention (51.12)

A

Child may be detained in:

  1. Juvenile processing office
  2. Place of non-secure custody
  3. Certified juvenile detention facility
    A. Separated by sight and sound from adults
  4. Secure detention facility
    A. If a cert. Juvenile detention facility is not available
  5. County jail or other facility if:
    A. Not a certified detention facility; or,
    B. Secure detention facility in the county
96
Q

Attendance at Hearing

A

Each parent, custodian or managing and possessory conservator of a child MUST attend:

  1. Transfer to criminal court
  2. Adjudication hearing
  3. Disposition hearing
  4. Hearing to modify disposition
  5. Release or transfer hearing

Can be waived if:
A court waives attendance, person lives out of state, or parent is not conservator of a child.

May be punishable by fine no less than $100 or more than $1,000

97
Q

Guardian Ad Litem

A

No parent or guardian present with child at a Juvenile court then a Guardian Ad Litem will be appointed to protect the interest of the child.

  1. Attorney for child can be guardian at litem
  2. Law enforcement, probation or employee of the juvenile court CANNOT be guardian ad litem
98
Q

Juvenile Reporting Requirements

A

Age 10-16 for non traffic Class C, a report is required except:

  1. PI
  2. DC
  3. Non accident arrests
  4. City ordinance violations
  5. Class C thefts

Truancy - Juvenile Detention or CISD. Cannot be filed if ever married, divorced or widowed.

Runaway - a person at 17 years old should not be listed as a runaway unless, before they were 17, they were handled by the Juv Court. If never handled and 17, enter into TCIC/NCIC as missing person.

99
Q

Release of Juveniles

A

Four options available:

  1. Field release
  2. Custodial arrest
  3. Protective custody (juvenile not facing charges)
  4. Medical facility - in custody and suffering from an illness or injury. Parent notified immediately.
100
Q

Leaving a Child in a Vehicle (22.10)

A

More than 5 minutes

6 years and under

No attended by another child at least 14 years old

M/C

101
Q

Juvenile Justice Code pertains to what ages?

A

Child 10-16 years old

Sgt. Exam (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions