Juvenile - Family code
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How long can you detain a child for?
Child is a person who is
10 years of age or older and under 17 years of age
an adult with whom the child resides
the person who under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.
the mother or father of a child. Does not include a parent whose parental rights have been terminated.
secure correctional facility:
- any public or private residential facility including an alcohol or other drug treatment facility.
- Used for placement of juvenile
Secure detention facility
- any public or private residential facility that:
- is used for temporary placement of any juvenile hwo is accused of committing an offense.
- A child who is accused,adjudicated, or convicted for conduct that is not a crime for an adult.
- running away
- failure to attend school
- curfew violation
- possession of alcohol, tobacco
- Conduct indicating a need for supervision
- conduct that would result in a fine for an adult OR
- Running away
- Violation of student code of conduct
- violating at-risk child order
Habitual felony conduct
child engaged in conduct and has at least two previous final adjudications. must be felony grade.
Waiver of rights for child.
- Waiver of rights is made by child and childs attorney.
- Child and attorney are informed and understand the rights and consequences of waiving.
- The waiver is voluntary.
- The waiver is made in writing or in court proceedings that are recorded.
What is in Custody.
- While the child is in the custody of an officer.
- When the child is in a detention facility or other place of confinement.
- When a reasonable person (the child) believes that they are being restrained, Or.
- During or after interrogation by an officer if the child is in possession of DFPS (Department of Family Protective Services)
Place and Conditions of Detention.
- juvenile processing office
- place of non secure custody
- certified juvenile detention facility
collection of Records of children
- the agency shall forward information including fingerprints to DPS: within 10 days
- Must destroy after the 10th day
- Do not forward if child is in first offender program or 90 days after completion of the program.
Photographs and fingerprints of children
- May not be photographed or fingerprinted without consent of juvenile court order unless
- they are taken into custody
- referred to the court for conduct that constitutes a felony
- A misdemeanor pubishable by confinement or jail.
- On or before the 31st of December each year the agency shall destroy juvenile records.
False Report Penalty
- State Jail Felony
- 3rd degree if previously convicted.
missing children and missing persons information clearinghouse (database).
once a child or person is reported missing law enforcement shall:
an investigation if person has dementia caused by illness brain defect or brain injury.
- In the case of a child r person start an investigation with due diligence.
- Immediately but not later than 2 hours after receiving report enther the name of the child or person into the clearinghouse.
- Inform the person who filed the report of the missing child or missing person that the information will be entered.
how long do you have to report an unidentified body into the clearinghouse?
- o later than the 10th day.
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