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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 3. JUVENILE JUSTICE CODE |
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Chapter 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS |
Sec. 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS; NOTICE TO PARENTS
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(a) On referral of a person believed to be a child or on referral of the person's case to the office or official designated by the juvenile board, the intake officer, probation officer, or other person authorized by the board shall conduct a preliminary investigation to determine whether:
(1) the person referred to juvenile court is a child within the meaning of this title; and
(2) there is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct indicating a need for supervision; or
(B) is a nonoffender who has been taken into custody and is being held solely for deportation out of the United States.
(b) If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released.
(c) When custody of a child is given to the office or official designated by the juvenile board, the intake officer, probation officer, or other person authorized by the board shall promptly give notice of the whereabouts of the child and a statement of the reason the child was taken into custody to the child's parent, guardian, or custodian unless the notice given under Section 52.02(b) provided fair notice of the child's present whereabouts.
(d) Unless the juvenile board approves a written procedure proposed by the office of prosecuting attorney and chief juvenile probation officer which provides otherwise, if it is determined that the person is a child and, regardless of a finding of probable cause, or a lack thereof, there is an allegation that the child engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or prohibited weapon, as described by Section 46.05, Penal Code, the case shall be promptly forwarded to the office of the prosecuting attorney, accompanied by:
(1) all documents that accompanied the current referral; and
(2) a summary of all prior referrals of the child to the juvenile court, juvenile probation department, or a detention facility.
(e) If a juvenile board adopts an alternative referral plan under Subsection (d), the board shall register the plan with the Texas Juvenile Probation Commission.
(f) A juvenile board may not adopt an alternate referral plan that does not require the forwarding of a child's case to the prosecuting attorney as provided by Subsection (d) if probable cause exists to believe that the child engaged in delinquent conduct that violates Section 19.03, Penal Code (capital murder), or Section 19.02, Penal Code (murder).