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Texas Family Code Texas Family Code

TEXAS FAMILY CODETEXAS FAMILY CODE§ 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

TEXAS FAMILY CODETEXAS FAMILY CODE except for the purpose of determining the validity of taking him into 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 custody or the validity of a search under the laws and constitution of this state or of the United States.this state or of the United States. (c) A law-enforcement officer (c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of 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 Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if:lieu of taking the child into custody if: (1) guidelines for (1) guidelines for warning disposition have been issued by the law-enforcement agency in warning disposition have been issued by the law-enforcement agency in which the officer works;which the officer works; (2) the guidelines have been (2) the guidelines have been approved by the juvenile board of the county in which the disposition is approved by the juvenile board of the county in which the disposition is made;made; (3) the disposition is authorized by the guidelines; (3) the disposition is authorized by the guidelines; (4) the warning notice identifies the child and (4) the warning notice identifies the child and describes the child's alleged conduct;describes the child's alleged conduct; (5) a copy of the (5) a copy of the warning notice is sent to the child's parent, guardian, or custodian as warning notice is sent to the child's parent, guardian, or custodian as soon as practicable after disposition; andsoon as practicable after disposition; and (6) a copy of the (6) a copy of the warning notice is filed with the law-enforcement agency and the office warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board.or official designated by the juvenile board. (d) A warning notice (d) A warning notice filed with the office or official designated by the juvenile board may be filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary.used as the basis of further action if necessary. (e) A law-(e) A law-enforcement officer who has probable cause to believe that a child is in enforcement officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section violation of the compulsory school attendance law under Section 25.085, Education Code, may take the child into custody for the 25.085, Education Code, may take the child into custody for the purpose of returning the child to the purpose of returning the child to the

TEXAS FAMILY CODETEXAS FAMILY CODE school campus of the child to ensure the child's school campus of the child to ensure the child's

compliance with compulsory school attendance compliance with compulsory school attendance requirements.Acts 1973, 63rd Leg., p. 1460, requirements.Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973. Amended by ch. 544, § 1, eff. Sept. 1, 1973. Amended by Acts 1993, 73rd Leg., ch. 115, § 2, eff. May 11, Acts 1993, 73rd Leg., ch. 115, § 2, eff. May 11, 1993; Acts 1995, 74th Leg., ch. 262, § 15, eff. 1993; Acts 1995, 74th Leg., ch. 262, § 15, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, § Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, § 6.08, eff. Sept. 1, 1997; Acts 2001, 77th Leg., 6.08, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, § 11, eff. Sept. 1, 2001; Acts 2003, ch. 1297, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, § 8, eff. Sept. 1, 78th Leg., ch. 283, § 8, eff. Sept. 1, 2003.Amended by: 2003.Amended by: Acts 2005, 79th Leg., Ch. 949, § Acts 2005, 79th Leg., Ch. 949, § 9, eff. September 1, 2005.9, eff. September 1, 2005. Acts 2007, 80th Acts 2007, 80th Leg., R.S., Ch. 1058, § 16, eff. September 1, Leg., R.S., Ch. 1058, § 16, eff. September 1, 2007. 2007.

TEXAS FAMILY CODETEXAS FAMILY CODE § 52.015. DIRECTIVE TO APPREHEND. (a) On the request of § 52.015. DIRECTIVE TO APPREHEND. (a) On the request of

a law-enforcement or probation officer, a juvenile court may a law-enforcement or probation officer, a juvenile court may issue a directive to apprehend a child if the court finds there is issue a directive to apprehend a child if the court finds there is probable cause to take the child into custody under the probable cause to take the child into custody under the provisions of this title.provisions of this title. (b) On the issuance of a directive (b) On the issuance of a directive to apprehend, any law-enforcement or probation officer shall to apprehend, any law-enforcement or probation officer shall take the child into custody.take the child into custody. (c) An order under this section is (c) An order under this section is not subject to appeal. Added by Acts 1995, 74th not subject to appeal. Added by Acts 1995, 74th Leg., ch. 262, § 16, eff. Jan. 1, 1996. Leg., ch. 262, § 16, eff. Jan. 1, 1996. § 52.0151. § 52.0151. BENCH WARRANT; ATTACHMENT OF WITNESS IN BENCH WARRANT; ATTACHMENT OF WITNESS IN CUSTODY. (a) If a witness is in a placement in the custody of CUSTODY. (a) If a witness is in a placement in the custody of the Texas Youth Commission, a juvenile secure detention the Texas Youth Commission, a juvenile secure detention facility, or a juvenile secure correctional facility, the court may facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody require a peace officer or probation officer to secure custody of the person at the placement and produce the person in of the person at the placement and produce the person in court. Once the person is no longer needed as a witness, the court. Once the person is no longer needed as a witness, the court shall order the peace officer or probation officer to court shall order the peace officer or probation officer to return the person to the placement from which the person was return the person to the placement from which the person was released. released.

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(b) The court may order that the person (b) The court may order that the person who is the witness be detained in a certified who is the witness be detained in a certified juvenile detention facility if the person is juvenile detention facility if the person is younger than 17 years of age. If the younger than 17 years of age. If the person is at least 17 years of age, the court person is at least 17 years of age, the court may order that the person be detained may order that the person be detained without bond in an appropriate county without bond in an appropriate county facility for the detention of adults accused facility for the detention of adults accused of criminal offenses.Added by Acts 2005, of criminal offenses.Added by Acts 2005, 79th Leg., Ch. 949, § 10, eff. September 1, 79th Leg., Ch. 949, § 10, eff. September 1, 2005. 2005.

TEXAS FAMILY CODETEXAS FAMILY CODE § 52.02. RELEASE OR DELIVERY TO COURT. (a) Except as provided § 52.02. RELEASE OR DELIVERY TO COURT. (a) Except as provided

by Subsection (c), a person taking a child into custody, without by Subsection (c), a person taking a child into custody, without unnecessary delay and without first taking the child to any place other unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025, shall than a juvenile processing office designated under Section 52.025, shall do one of the following:do one of the following: (1) release the child to a parent, (1) release the child to a parent, guardian, custodian of the child, or other responsible adult upon that guardian, custodian of the child, or other responsible adult upon that person's promise to bring the child before the juvenile court as person's promise to bring the child before the juvenile court as requested by the court;requested by the court; (2) bring the child before the office or (2) bring the child before the office or official designated by the juvenile board if there is probable cause to official designated by the juvenile board if there is probable cause to believe that the child engaged in delinquent conduct, conduct believe that the child engaged in delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court;probation imposed by the juvenile court; (3) bring the (3) bring the child to a detention facility designated by the juvenile board;child to a detention facility designated by the juvenile board;(4) bring the child to a secure detention facility as provided by Section (4) bring the child to a secure detention facility as provided by Section 51.12(j);51.12(j); (5) bring the child to a medical facility if the (5) bring the child to a medical facility if the child is believed to suffer from a serious physical condition or illness child is believed to suffer from a serious physical condition or illness that requires prompt treatment;that requires prompt treatment; (6) dispose of the case (6) dispose of the case under Section 52.03; or under Section 52.03; or (7) if school is in (7) if school is in session and the child is a student, bring the child to the school campus 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, to which the child is assigned if the principal, the principal's designee, or a peace officer assigned to the campus agrees to assume or a peace officer assigned to the campus agrees to assume responsibility for the child for the remainder of the school day. responsibility for the child for the remainder of the school day.

TEXAS FAMILY CODETEXAS FAMILY CODE (b) A person taking a child into custody shall promptly give (b) A person taking a child into custody shall promptly give

notice of the person's action and a statement of the reason notice of the person's action and a statement of the reason for taking the child into custody, to:for taking the child into custody, to: (1) the (1) the child's parent, guardian, or custodian; and child's parent, guardian, or custodian; and

(2) the office or official designated by the (2) the office or official designated by the juvenile board. juvenile board. (c) A person who takes a child (c) A person who takes a child into custody and who has reasonable grounds to believe into custody and who has reasonable grounds to believe that the child has been operating a motor vehicle in a public that the child has been operating a motor vehicle in a public place while having any detectable amount of alcohol in the place while having any detectable amount of alcohol in the child's system may, before complying with Subsection (a):child's system may, before complying with Subsection (a):

(1) take the child to a place to obtain a (1) take the child to a place to obtain a specimen of the child's breath or blood as provided by specimen of the child's breath or blood as provided by Chapter 724, Transportation Code; andChapter 724, Transportation Code; and (2) (2) perform intoxilyzer processing and videotaping of the child perform intoxilyzer processing and videotaping of the child in an adult processing office of a law enforcement agency.in an adult processing office of a law enforcement agency.

(d) Notwithstanding Section 51.09(a), a child taken (d) Notwithstanding Section 51.09(a), a child taken into custody as provided by Subsection (c) may submit to into custody as provided by Subsection (c) may submit to the taking of a breath specimen or refuse to submit to the the taking of a breath specimen or refuse to submit to the taking of a breath taking of a breath

TEXAS FAMILY CODETEXAS FAMILY CODE specimen without the concurrence of an attorney, but only specimen without the concurrence of an attorney, but only

if the request made of the child to give the specimen and if the request made of the child to give the specimen and the child's response to that request is videotaped. A the child's response to that request is videotaped. A videotape made under this subsection must be maintained videotape made under this subsection must be maintained until the disposition of any proceeding against the child until the disposition of any proceeding against the child relating to the arrest is final and be made available to an relating to the arrest is final and be made available to an attorney representing the child during that period.Acts attorney representing the child during that period.Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973. 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973. Amended by Acts 1991, 72nd Leg., ch. 495, § 1, eff. Sept. Amended by Acts 1991, 72nd Leg., ch. 495, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1013, § 15, eff. Sept. 1, 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 1997, 75th Leg., ch. 1374, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 6.08, 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 1999, 76th Leg., ch. 1477, § 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, § 12, 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, 2001; Acts 2003, 78th Leg., ch. 283, § 9, eff. Sept. 1, 2003.Amended by: 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 286, § 1, eff. Acts 2007, 80th Leg., R.S., Ch. 286, § 1, eff. September 1, 2007. September 1, 2007.