§ 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER

§ 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING
NOTICE. (a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under
the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school
district peace officer commissioned under Section 37.081,
Education Code, if there is probable cause to believe that the child
has engaged in:
(A) conduct that violates a penal law of this
state or a penal ordinance of any political subdivision of this
state;
(B) delinquent conduct or conduct indicating a
need for supervision; or
(C) conduct that violates a condition of
probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause
to believe that the child has violated a condition of probation
imposed by the juvenile court;
(5) pursuant to a directive to apprehend issued as
provided by Section 52.015; or
(6) by a probation officer if there is probable cause
to believe that the child has violated a condition of release
imposed by the juvenile court or referee under Section 54.01.
(b) The taking of a child into custody is not an arrest
except for the purpose of determining the validity of taking him
into custody or the validity of a search under the laws and
constitution of this state or of the United States.
(c) A law-enforcement officer authorized to take a child
into custody under Subdivisions (2) and (3) of Subsection (a) of
this section may issue a warning notice to the child in lieu of
taking the child into custody if:
(1) guidelines for warning disposition have been
issued by the law-enforcement agency in which the officer works;
(2) the guidelines have been approved by the juvenile
board of the county in which the disposition is made;
(3) the disposition is authorized by the guidelines;
(4) the warning notice identifies the child and
describes the child's alleged conduct;
(5) a copy of the warning notice is sent to the child's
parent, guardian, or custodian as soon as practicable after
disposition; and
(6) a copy of the warning notice is filed with the
law-enforcement agency and the office or official designated by the
juvenile board.
(d) A warning notice filed with the office or official
designated by the juvenile board may be used as the basis of further
action if necessary.
(e) A law-enforcement officer who has probable cause to
believe that a child is in violation of the compulsory school
attendance law under Section 25.085, Education Code, may take the
child into custody for the purpose of returning the child to the
school campus of the child to ensure the child's compliance with
compulsory school attendance requirements.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1993, 73rd Leg., ch. 115, § 2, eff. May 11, 1993;
Acts 1995, 74th Leg., ch. 262, § 15, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 165, § 6.08, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1297, § 11, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, § 8, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1058, § 16, eff. September
1, 2007.


§ 52.015. DIRECTIVE TO APPREHEND. (a) On the request
of a law-enforcement or probation officer, a juvenile court may
issue a directive to apprehend a child if the court finds there is
probable cause to take the child into custody under the provisions
of this title.
(b) On the issuance of a directive to apprehend, any
law-enforcement or probation officer shall take the child into
custody.
(c) An order under this section is not subject to appeal.

Added by Acts 1995, 74th Leg., ch. 262, § 16, eff. Jan. 1, 1996.


§ 52.0151. BENCH WARRANT; ATTACHMENT OF WITNESS IN
CUSTODY. (a) If a witness is in a placement in the custody of the
Texas Youth Commission, a juvenile secure detention facility, or a
juvenile secure correctional facility, the court may issue a bench
warrant or direct that an attachment issue to require a peace
officer or probation officer to secure custody of the person at the
placement and produce the person in court. Once the person is no
longer needed as a witness, the court shall order the peace officer
or probation officer to return the person to the placement from
which the person was released.
(b) The court may order that the person who is the witness be
detained in a certified juvenile detention facility if the person
is younger than 17 years of age. If the person is at least 17 years
of age, the court may order that the person be detained without bond
in an appropriate county facility for the detention of adults
accused of criminal offenses.

Added by Acts 2005, 79th Leg., Ch. 949, § 10, eff. September 1,
2005.


§ 52.02. RELEASE OR DELIVERY TO COURT. (a) Except as
provided by Subsection (c), a person taking a child into custody,
without unnecessary delay and without first taking the child to any
place other than a juvenile processing office designated under
Section 52.025, shall do one of the following:
(1) release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
(2) bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
(3) bring the child to a detention facility designated
by the juvenile board;
(4) bring the child to a secure detention facility as
provided by Section 51.12(j);
(5) bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment;
(6) dispose of the case under Section 52.03; or
(7) if school is in session and the child is a student,
bring the child to the school campus to which the child is assigned
if the principal, the principal's designee, or a peace officer
assigned to the campus agrees to assume responsibility for the
child for the remainder of the school day.
(b) A person taking a child into custody shall promptly give
notice of the person's action and a statement of the reason for
taking the child into custody, to:
(1) the child's parent, guardian, or custodian; and
(2) the office or official designated by the juvenile
board.
(c) A person who takes a child into custody and who has
reasonable grounds to believe that the child has been operating a
motor vehicle in a public place while having any detectable amount
of alcohol in the child's system may, before complying with
Subsection (a):
(1) take the child to a place to obtain a specimen of
the child's breath or blood as provided by Chapter 724,
Transportation Code; and
(2) perform intoxilyzer processing and videotaping of
the child in an adult processing office of a law enforcement agency.
(d) Notwithstanding Section 51.09(a), a child taken into
custody as provided by Subsection (c) may submit to the taking of a
breath specimen or refuse to submit to the taking of a breath
specimen without the concurrence of an attorney, but only if the
request made of the child to give the specimen and the child's
response to that request is videotaped. A videotape made under this
subsection must be maintained until the disposition of any
proceeding against the child relating to the arrest is final and be
made available to an attorney representing the child during that
period.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1991, 72nd Leg., ch. 495, § 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1013, § 15, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1374, § 2, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 6.08, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1477, § 5, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1297, § 12, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 283, § 9, eff. Sept. 1, 2003.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 286, § 1, eff. September 1,
2007.


§ 52.025. DESIGNATION OF JUVENILE PROCESSING OFFICE.
(a) The juvenile board may designate an office or a room, which may
be located in a police facility or sheriff's offices, as the
juvenile processing office for the temporary detention of a child
taken into custody under Section 52.01. The office may not be a cell
or holding facility used for detentions other than detentions under
this section. The juvenile board by written order may prescribe the
conditions of the designation and limit the activities that may
occur in the office during the temporary detention.
(b) A child may be detained in a juvenile processing office
only for:
(1) the return of the child to the custody of a person
under Section 52.02(a)(1);
(2) the completion of essential forms and records
required by the juvenile court or this title;
(3) the photographing and fingerprinting of the child
if otherwise authorized at the time of temporary detention by this
title;
(4) the issuance of warnings to the child as required
or permitted by this title; or
(5) the receipt of a statement by the child under
Section 51.095(a)(1), (2), (3), or (5).
(c) A child may not be left unattended in a juvenile
processing office and is entitled to be accompanied by the child's
parent, guardian, or other custodian or by the child's attorney.
(d) A child may not be detained in a juvenile processing
office for longer than six hours.

Added by Acts 1991, 72nd Leg., ch. 495, § 2, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1086, § 48, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1297, § 13, eff. Sept. 1, 2001.


§ 52.026. RESPONSIBILITY FOR TRANSPORTING JUVENILE
OFFENDERS. (a) It shall be 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 is assigned as provided by Section 52.02(a)(7) if the
child is not released to the parent, guardian, or custodian of the
child.
(b) 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 or, if authorized by the commissioners court of the county,
the sheriff of that county to transport the child to the appropriate
juvenile detention facility unless the child is:
(1) detained in a secure detention facility under
Section 51.12(j); or
(2) released to the parent, guardian, or custodian of
the child.
(c) On adoption of an order by the juvenile board and
approval of the juvenile board's order by record vote of the
commissioners court, it shall be the duty of the sheriff of the
county in which the child is taken into custody to transport the
child to and from all scheduled juvenile court proceedings and
appearances and other activities ordered by the juvenile court.

Added by Acts 1993, 73rd Leg., ch. 411, § 1, eff. Aug. 30, 1993.
Amended by Acts 1997, 75th Leg., ch. 1374, § 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, § 6.09, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1082, § 1, eff. June 18, 1999.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 286, § 2, eff. September 1,
2007.


§ 52.03. DISPOSITION WITHOUT REFERRAL TO COURT. (a) A
law-enforcement officer authorized by this title to take a child
into custody may dispose of the case of a child taken into custody
without referral to juvenile court, if:
(1) guidelines for such disposition have been adopted
by the juvenile board of the county in which the disposition is made
as required by Section 52.032;
(2) the disposition is authorized by the guidelines;
and
(3) the officer makes a written report of the officer's
disposition to the law-enforcement agency, identifying the child
and specifying the grounds for believing that the taking into
custody was authorized.
(b) No disposition authorized by this section may involve:
(1) keeping the child in law-enforcement custody; or
(2) requiring periodic reporting of the child to a
law-enforcement officer, law-enforcement agency, or other agency.
(c) A disposition authorized by this section may involve:
(1) referral of the child to an agency other than the
juvenile court;
(2) a brief conference with the child and his parent,
guardian, or custodian; or
(3) referral of the child and the child's parent,
guardian, or custodian for services under Section 264.302.
(d) Statistics indicating the number and kind of
dispositions made by a law-enforcement agency under the authority
of this section shall be reported at least annually to the office or
official designated by the juvenile board, as ordered by the board.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 18, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 48, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 15, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 283, § 10, eff. Sept. 1, 2003.


§ 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board
may establish a first offender program under this section for the
referral and disposition of children taken into custody for:
(1) conduct indicating a need for supervision; or
(2) delinquent conduct other than conduct that
constitutes:
(A) a felony of the first, second, or third
degree, an aggravated controlled substance felony, or a capital
felony; or
(B) a state jail felony or misdemeanor 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 a prohibited weapon, as described by Section 46.05, Penal
Code.
(b) Each juvenile board in the county in which a first
offender program is established shall designate one or more law
enforcement officers and agencies, which may be law enforcement
agencies, to process a child under the first offender program.
(c) The disposition of a child under the first offender
program may not take place until guidelines for the disposition
have been adopted by the juvenile board of the county in which the
disposition is made as required by Section 52.032.
(d) A law enforcement officer taking a child into custody
may refer the child to the law enforcement officer or agency
designated under Subsection (b) for disposition under the first
offender program and not refer the child to juvenile court only if:
(1) the child has not previously been adjudicated as
having engaged in delinquent conduct;
(2) the referral complies with guidelines for
disposition under Subsection (c); and
(3) the officer reports in writing the referral to the
agency, identifying the child and specifying the grounds for taking
the child into custody.
(e) A child referred for disposition under the first
offender program may not be detained in law enforcement custody.
(f) The parent, guardian, or other custodian of the child
must receive notice that the child has been referred for
disposition under the first offender program. The notice must:
(1) state the grounds for taking the child into
custody;
(2) identify the law enforcement officer or agency to
which the child was referred;
(3) briefly describe the nature of the program; and
(4) state that the child's failure to complete the
program will result in the child being referred to the juvenile
court.
(g) The child and the parent, guardian, or other custodian
of the child must consent to participation by the child in the first
offender program.
(h) Disposition under a first offender program may include:
(1) voluntary restitution by the child or the parent,
guardian, or other custodian of the child to the victim of the
conduct of the child;
(2) voluntary community service restitution by the
child;
(3) educational, vocational training, counseling, or
other rehabilitative services; and
(4) periodic reporting by the child to the law
enforcement officer or agency to which the child has been referred.
(i) The case of a child who successfully completes the first
offender program is closed and may not be referred to juvenile
court, unless the child is taken into custody under circumstances
described by Subsection (j)(3).
(j) The case of a child referred for disposition under the
first offender program shall be referred to juvenile court if:
(1) the child fails to complete the program;
(2) the child or the parent, guardian, or other
custodian of the child terminates the child's participation in the
program before the child completes it; or
(3) the child completes the program but is taken into
custody under Section 52.01 before the 90th day after the date the
child completes the program for conduct other than the conduct for
which the child was referred to the first offender program.
(k) A statement made by a child to a person giving advice or
supervision or participating in the first offender program may not
be used against the child in any proceeding under this title or any
criminal proceeding.
(l) The law enforcement agency must report to the juvenile
board in December of each year the following:
(1) the last known address of the child, including the
census tract;
(2) the gender and ethnicity of the child referred to
the program; and
(3) the offense committed by the child.

Added by Acts 1995, 74th Leg., ch. 262, § 19, eff. Jan. 1, 1996.
Amended by Acts 1999, 76th Leg., ch. 48, § 2, eff. Sept. 1, 1999.


§ 52.032. INFORMAL DISPOSITION GUIDELINES. The
juvenile board of each county, in cooperation with each law
enforcement agency in the county, shall adopt guidelines for the
disposition of a child under Section 52.03 or 52.031. The
guidelines adopted under this section shall not be considered
mandatory.

Added by Acts 1999, 76th Leg., ch. 48, § 3, eff. Sept. 1, 1999.


§ 52.04. REFERRAL TO JUVENILE COURT; NOTICE TO
PARENTS. (a) The following shall accompany referral of a child or
a child's case to the office or official designated by the juvenile
board or be provided as quickly as possible after referral:
(1) all information in the possession of the person or
agency making the referral pertaining to the identity of the child
and the child's address, the name and address of the child's parent,
guardian, or custodian, the names and addresses of any witnesses,
and the child's present whereabouts;
(2) a complete statement of the circumstances of the
alleged delinquent conduct or conduct indicating a need for
supervision;
(3) when applicable, a complete statement of the
circumstances of taking the child into custody; and
(4) when referral is by an officer of a
law-enforcement agency, a complete statement of all prior contacts
with the child by officers of that law-enforcement agency.
(b) The office or official designated by the juvenile board
may refer the case to a law-enforcement agency for the purpose of
conducting an investigation to obtain necessary information.
(c) If the office of the prosecuting attorney is designated
by the juvenile court to conduct the preliminary investigation
under Section 53.01, the referring entity shall first transfer the
child's case to the juvenile probation department for statistical
reporting purposes only. On the creation of a statistical record or
file for the case, the probation department shall within three
business days forward the case to the prosecuting attorney for
review under Section 53.01.
(d) On referral of the case of a child who has not been taken
into custody to the office or official designated by the juvenile
board, the office or official designated by the juvenile board
shall promptly give notice of the referral and a statement of the
reason for the referral to the child's parent, guardian, or
custodian.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1997, 75th Leg., ch. 1091, § 1, eff. June 19,
1997; Acts 2001, 77th Leg., ch. 136, § 1, 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1297, § 16, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 283, § 11, eff. Sept. 1, 2003.


§ 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER
EXPULSION. (a) A school district that expels a child shall refer
the child to juvenile court in the county in which the child
resides.
(b) The board of the school district or a person designated
by the board shall deliver a copy of the order expelling the student
and any other information required by Section 52.04 on or before the
second working day after the date of the expulsion hearing to the
authorized officer of the juvenile court.
(c) Within five working days of receipt of an expulsion
notice under this section by the office or official designated by
the juvenile board, a preliminary investigation and determination
shall be conducted as required by Section 53.01.
(d) The office or official designated by the juvenile board
shall within two working days notify the school district that
expelled the child if:
(1) a determination was made under Section 53.01 that
the person referred to juvenile court was not a child within the
meaning of this title;
(2) a determination was made that no probable cause
existed to believe the child engaged in delinquent conduct or
conduct indicating a need for supervision;
(3) no deferred prosecution or formal court
proceedings have been or will be initiated involving the child;
(4) the court or jury finds that the child did not
engage in delinquent conduct or conduct indicating a need for
supervision and the case has been dismissed with prejudice; or
(5) the child was adjudicated but no disposition was
or will be ordered by the court.
(e) In any county where a juvenile justice alternative
education program is operated, no student shall be expelled without
written notification by the board of the school district or its
designated agent to the juvenile board's designated
representative. The notification shall be made not later than two
business days following the board's determination that the student
is to be expelled. Failure to timely notify the designated
representative of the juvenile board shall result in the child's
duty to continue attending the school district's educational
program, which shall be provided to that child until such time as
the notification to the juvenile board's designated representative
is properly made.

Added by Acts 1995, 74th Leg., ch. 262, § 20, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1015, § 16, eff. June 19,
1997; Acts 2001, 77th Leg., ch. 1297, § 17, eff. Sept. 1, 2001.