Houston Texas Juvenile Justice Courts

GALVESTON COURT NUMBERS, LOCATIONS, INFORMATION, EMERGENCY, POLICE

2011-09-04T12:47:00.000-07:00

FREEGALVESTON, TEXAS & GALVESTON COUNTY COURT INFORMATION

About the Author: This FREEGALVESTON COUNTY COURT INFORMATION was prepared by GALVESTON, Texas Lawyer Andy Nolen.

GALVESTON, Texas Criminal DefenseLawyer Andy Nolen represents clients charged with crimes in State andFederal courts in Houston, Beaumont, San Antonio, Waco,Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, McAllen, El Paso, Hempstead, GALVESTON,Texas and all counties in Texas. The law firm of Andy Nolen has it'sprincipal office in Houston, Texas; however, Attorney Andy Nolen appearsin all criminal, juvenile, and family courts in Texas.

Thisfree information is neither intended as a solicitation for employment nor aslegal advice. Questions or commentsabout this post can be directed to Andy Nolen at 713-697-4373.

Galvestonwas named for Bernardo de Gálvez, a Spanish colonial governor and general.Gálvez sent Jose de Evia to chart the Gulf of Mexico from the Texas coast toNew Orleans, and on July 23, 1786, de Evia charted an area near the mouth of ariver and named it Galveston Bay. Later, the island and city took the samename. Bernardo de Gálvez died the same year, never setting foot on his namesakeisland.

Jack Roady

GALVESTON COUNTY

CRIMINAL DISTRICT ATTORNEY

GALVESTON COUNTY CRIMINAL JUSTICECENTER

600 59th Street, Suite 1001

GALVESTON TX 77551-4137

409-766-2355

OFFICE HOURS: 8:00 a.m. to5:00 p.m. MONDAY through FRIDAY

County Court One is a statutory county court-at-law with jurisdiction over criminalmisdemeanor cases, family and juvenile matters, as well as civil lawsuits
The court is located on the second floor of The GalvestonCounty Justice Center.

Judge JohnGrady
600 59th Street, Suite 2304
Galveston, Texas 77551-4180
FAX (409) 765-2945

County Court Two is a statutory county court, with jurisdiction over criminalmisdemeanor cases, family and juvenile matters, as well as civil lawsuits
The court is located on the second floor of the GalvestonCounty Justice Center

Judge Barbara Roberts

600 59th Street Suite 2204
Galveston, Texas 77551-4180
(409) 766-2405
FAX: (409) 795-3034
Houston (281) 316-8300 X 2405

County Court Three is a statutorycounty court, with jurisdiction over misdemeanor cases, family and juvenilematters, as well as civil cases.

The court is located onthe second floor of The Galveston County Justice Center

JudgeChristopher Dupuy

600 59th Street Suite 2205
Galveston, Texas 77551-4180
(409) 621-7920
Fax (409) 765-3154

10th Judicial District Court      Honorable David Garner, Judge
56th Judicial District Court Honorable Lonnie Cox, Judge
122nd Judicial District Court     Honorable John Ellisor, Judge
212th Judicial District Court Honorable Susan Criss, Judge
306th Judicial District Court      Honorable Janis L. Yarbrough, Judge
405th Judicial District Court      Honorable Wayne Mallia, Judge

The GalvestonCounty Office of Emergency Management is responsible for the development andimplementation of a comprehensive emergency program for Galveston County. ThisPlan addresses disaster mitigation, planning and preparedness, response to, andrecovery from large scale emergencies and disasters that may affect our localarea. The intent of this program is to minimize the impact of disasters,provide necessary disaster operations, and to enable an effective disasterrecovery.

Contact Information - StaffDirectory

City Services

The City of Galveston provides a host of Services that helpto make life in Galveston more pleasant.

Building
(409) 797-3620

Grants and Housing
(409) 797-3820

Island Transit
(409) 797-3900

Dial-A-RideServices
(409) 797-3909

Municipal Airport
(409) 741-4609

Municipal Court
(409) 765-3740

Municipal Garage Facility
24 Hour Number:
(409) 797-3928

Director:
(409) 797-3920

Parks and Recreation
(409) 621-3177

Planning and Community Development
(409) 797-3660

Public Safety
(409) 765-3790

Public Works
(409) 797-3630

ECO Center
(Recycling Center)
(409) 741-1446

Public Safety
Emergency Management
Manager: Charlie Kelly, (409) 765-3725
Contingency Planning, coordination of local agencies, provision of emergencyinformation services.

Fire:
Chief: Jeff Smith, (409) 797-3850
Suppression, Fire Prevention, Training
www.Galvestonfire.com

Police:
Police Chief: Charles Wiley, (409) 765-3790
Criminal Investigation, Administrative Support, Vice and Narcotics, Identificationand Records, Patrol and Traffic, Training, Community Relations, Communications,Abandoned Autos
Animal Control Division:
(409) 765-3702

Galveston Municipal Court

General Information:

Hours:
The Galveston Municipal Court's working hours are Monday through Friday from8:00 a.m. to 5:00 p.m. However, the Court is in session to hear cases everyMonday thru Friday, except holidays, beginning at 8:00 a.m.

Lobby Hours:
Monday through Friday 8:00 a.m. to 5:00 p.m.

Phone Hours:
Phone lines are answered between the hours of 8:00 a.m. to 10:00 a.m. and 2:00p.m. to 4:00 p.m. Monday through Friday.

Location:
The Galveston Municipal Court is located at 601 54th Street, Suite 300 inGalveston, TX. View map.

Mailing Address:
601 54th Street, Suite 300
Galveston, TX 77551
(409) 765-3740

Personnel:

Presiding Judge:	Hon. Judge Jim Schweitzer
Alternate Judge:	Hon. Judge Margaret Hindman
Municipal Court Clerk:	Julie Fox
Prosecutor:	Robert Barfield

Special Rules and Procedures forJuveniles and Minors

All juveniles, 16 years and under,charged with any offense, must appear with a parent before the Municipal CourtJudge at 8:00 A.M. on the court date set by court personnel. You will benotified of your court date by mail, at the address given on your citation.

Violators wishing to enter a plea of not guilty must contact the MunicipalCourt in writing within 10 days prior to the given ticket due date at thebottom of the citation. No case will be set on the Court's Contested Docketunless a request for same has been received

Request for continuance of a contested hearing must be filed in writing withthe Court at least 5 working days prior to the scheduled court date as theJudge must approve this continuance.

Minors Charged with Possession ofAlcohol or Tobacco Offenses

State law requires an open courtappearance of all defendants charged with these type offenses. Violators underthe age of 18 must appear with a parent before the Municipal Court Judge at8:00 A.M. on the ticket due date unless otherwise notified. Such cases will beset for a plea by court personnel. You will be notified of your court date bymail at the address given on your citation.

Violators wishing to enter a plea of not guilty must contact the MunicipalCourt in writing within 10 days prior to the given ticket due date at thebottom of the citation. No case will be set on the Court's Contested Docketunless a request for same has been received.

Request for continuance of a contested hearing must be filed in writing withthe Court at least 5 working days prior to the scheduled court date as theJudge must approve this continuance.

WHAT TO DO IF YOUR ARRESTED IN FORT BEND COUNTY

2011-07-27T05:48:00.000-07:00

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RICHMOND, TEXAS & FORT BEND COUNTY CRIMINAL LAWYERS

Texas Criminal Defense Attorneys

These Richmond, Texas Criminal Defense Attorneys have handled over 6000 cases and have a collective 36 years experience defending adults and juveniles in criminal, juvenile, and family courts in Fort Bend County and throughout the State of Texas.

This Richmond, Texas Lawyer is Board Certified in Juvenile Law by the State of Texas.

These Richmond, Texas Criminal Defense Lawyers represent clients charged with crimes in State and Federal courts in Houston, Galveston, Richmond, Richmond, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead, Richmond, Texas and all counties in Texas.

These Fort Bend County Criminal Defense Attorneys have over 36 years collective experience representing persons accused of committing criminal violations of State and Federal law. Together, they have been the attorneys of record in over 6000 cases and are anticipating their 1000th case dismissal.

These Richmond, Texas Criminal Attorneys treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of any assistance, or you just want to talk about your situation, look them up.

_________________

Court at Law 1
Mailing Address:
301 Jackson, Room 101
Richmond, TX. 77469

Street Address:
117 Legion Dr.
Richmond, TX. 77469
Phone: (281) 633-7415

Map

Court at Law 1

Judge
Honorable David S. Hunter, Judge

117 Legion Dr.
Richmond, TX. 77469

County Court at Law No.1
301 Jackson, Room 101
Richmond, TX. 77469

(281) 633-7415

Staff
Terrance Shelton, Bailiff
Telephone: (281) 633-7411
Regina Green, Court Coordinator
Telephone: (281) 633-7415
Stephanie A. Webb, Court Reporter
Telephone: (281) 633-7416
Lynelle Eixmann, Probate Auditor
Telephone: (281) 633-7413

Court at Law 2

Judge
Honorable Walter S. McMeans,

William Travis Bldg.
309 South Fourth Street, 3rd Floor
Richmond, TX. 77469

Mailing Address
301 Jackson, Room 101
Richmond, TX. 77469

(281) 341-4446

Staff
Ed Thornton, Bailiff
Telephone: (281) 341-4448
Virginia Rosas, Court Coordinator
Telephone: 281-341-4446
Patricia Dillender, Court Reporter
Telephone: 281-341-4447

Court at Law 3

Judge
Honorable Susan G. Lowery,

William Travis Bldg.
309 South Fourth Street, 4th Floor
Richmond, TX. 77469

Mailing Address
County Court at Law No.3
301 Jackson, Room 101
Richmond, TX. 77469

(281) 341-4430

Staff
Roger Thomson, Bailiff
Telephone: 281-344-3924
Annie Rebecca Elliott, Court Coordinator
Telephone: (281) 341-4430
Yvonne Compean, Court Reporter
Telephone: (281) 344-3915
Sandy Hickman, Probate Auditor
Telephone: (281) 344-3912

Court at Law 4

Judge
Honorable R.H. "Sandy" Bielstein,
County Court at Law No.4
301 Jackson, Room 101
Richmond, TX 77469
(281) 341-4501

Staff
Dale Kelley, Bailiff
Telephone: (281) 238-3278
Esther Ramirez, Court Coordinator
Telephone: (281) 341-4501
Roger Adair, Court Reporter
Telephone: (281) 238-3298
Claude "Buck" Berry, Probate Auditor
Telephone: 281-238-3297

240th Judicial District Court
Judge Thomas R. Culver, III
301 Jackson Richmond, TX 77469
Telephone: 281-341-8600
Office: 401 Jackson, Room 204
Courtroom: 401 Jackson, Room

268th Judicial District Court
Judge Brady G. Elliott
301 Jackson
Richmond, TX 77469
Telephone: 281-341-8610
Office: 309 S 4th St., Suite 430
Courtroom: 309 S 4th St., Suite 408

328th Judicial District Court
Judge Ronald R. Pope
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4406
Office: 401 Jackson, Room 307
Courtroom: 401 Jackson, Room 306

387th Judicial District Court
Judge Robert J. Kern
301 Jackson
Richmond, TX 77469
Telephone: 281-238-3290
Office: 401 Jackson, Room 211
Courtroom: 401 Jackson, Room 210

400th Judicial District Court
Judge Clifford J. Vacek
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4422
Office: 309 S 4th Street, Suite 600
Courtroom: 309 S 4th Street, Suite 605

328th Judicial District Court
Associate Judge James H. Shoemake
301 Jackson
Richmond, TX 77469
Telephone: 281-341-4409
Office: 401 Jackson, Room 307
Courtroom: 401 Jackson, Room 301

387th Judicial District Courts
Associate Judge Brenda G. Mullinix
301 Jackson
Richmond, TX 77469
Telephone: 281-238-3290
Office: 401 Jackson, Room 101-B
Courtroom: 401 Jackson, Room 103

District Attorney

John F. Healey, Jr., District Attorney
301 Jackson Street - Richmond, TX 77469
281-342-3411

Sheriff's Office

Address: 1410 Ransom Road
Richmond, TX 77469
Office: 281-341-4700
Fax: 281-341-4701

Busted in Brazoria County? Angleton?

2011-07-21T08:07:00.000-07:00

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ANGLETON & BRAZORIA COUNTY CRIMINAL LAWYERS

Texas Criminal Defense Attorneys

These Angleton Criminal Defense Attorneys have handled over 6000 cases and have a collective 38 years experience defending adults and juveniles in criminal, juvenile, and family courts in Brazoria County and throughout the State of Texas.

This Angleton Lawyer is Board Certified in Juvenile Law by the State of Texas.
These Angleton Criminal Defense Lawyers represent clients charged with crimes in State and Federal courts in Houston, Galveston, Richmond, Angleton, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead, Angleton, Conroe and all counties in Texas.

These Brazoria County Criminal Defense Attorneys have over 38 years collective experience representing persons accused of committing criminal violations of State and Federal law. Together, they have been the attorneys of record in over 6000 cases and are anticipating their 1000th case dismissal.

These Angleton Criminal Attorneys treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, look them up.

Angleton, Brazoria County, Texas

Brazoria County Court
Street Address:
111 E Locust St,
Angleton, TX, 77515
Phone:(979) 849-5711
Map

District Courts:
239th District Court:The Honorable Patrick Sebesta - Phone 281-756-1256
300th District Court:The Honorable Randy Hufstetler - Phone 281-756-1227
412th District Court:The Honorable Ed Denman - Phone 281-756-1915
County Courts:
County Court & Probate #1:The Honorable Jerri Lee Mills - Phone 281-756-1260
County Court & Probate #2 :The Honorable Marc Holder - Phone 281-756-1571
County Court & Probate #3 :The Honorable James Blackstock - Phone 281-756-1603

District Attorney:Jeri Yenne - Phone 281-756-1230
District Clerk:Jerry Deere - Phone 281-756-1316
County Clerk:Joyce Hudman - Phone 281-756-1380
Sheriff’s Office:Charles Wagner - Phone 281-756-2214

Underage drinking at houston restaurants

2011-06-19T16:17:00.001-07:00

Juveniles in houston texas off and go to local restaurants in order to obtain alcohol. The man pictured is actually 21 years of age. Juveniles charged with underage drinking need the help of a Houston juvenile defense lawyer. If you need a board certified Houston juvenile attorney, look him up.

EDUCATION CODE GENERAL PROVISIONS

2011-01-31T12:14:00.000-08:00

Image via WikipediaEDUCATION CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.001. APPLICABILITY. (a) This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code.(b) Except as provided by Chapter 18, Chapter 19, Subchapter A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this code does not apply to students, facilities, or programs under the jurisdiction of the Department of Aging and Disability Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Youth Commission, the Texas Department of Criminal Justice, a Job Corps program operated by or under contract with the United States Department of Labor, or any juvenile probation agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by: Acts 2005, 79th Leg., Ch. 377, Sec. 2, eff. June 17, 2005.Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 1, eff. September 1, 2009.

Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.(b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by Section 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On all regular school days, every school and other educational institution to which this code applies shall fly the United States and Texas flags.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary or secondary school or an institution of higher education as defined by Section 61.003 may display the United States national motto, "In God We Trust," in each classroom, auditorium, and cafeteria.

Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20, 2003.

Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT INFORMATION. (a) In this section:(1) "Center" means a center for education research authorized by this section.(2) "Coordinating board" means the Texas Higher Education Coordinating Board.(b) The commissioner of education and the coordinating board may establish not more than three centers for education research for conducting research described by Subsections (e) and (f).(c) A center may be established as part of:(1) the Texas Education Agency;(2) the coordinating board; or(3) a public junior college, public senior college or university, or public state college, as those terms are defined by Section 61.003.(d) A center may be operated under a memorandum of understanding between the commissioner of education, the coordinating board, and the governing board of an educational institution described by Subsection (c)(3). The memorandum of understanding must require the commissioner of education, or a person designated by the commissioner, and the coordinating board, or a person designated by the coordinating board, to provide direct, joint supervision of the center under this section.(e) A center shall conduct research for the benefit of education in this state, including research relating to the impact of state and federal education programs, the performance of educator preparation programs, public school finance, and the best practices of school districts with regard to classroom instruction, bilingual education programs, special language programs, and business practices.(f) The commissioner of education and the coordinating board:(1) under the memorandum of understanding described by Subsection (d), may require a center to conduct certain research projects considered of particular importance to the state, as determined by the commissioner and the coordinating board;(2) not later than the 45th day before the date a research project required to be conducted under this subsection is scheduled to begin, shall notify the governor, the Legislative Budget Board, and the governing body of the educational institution in which the center is established that the research project is required; and(3) shall provide sufficient funds to finance the project.(g) In conducting research under this section, a center:(1) may use data on student performance, including data that is confidential under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has collected from the Texas Education Agency, the coordinating board, any public or private institution of higher education, and any school district; and(2) shall comply with rules adopted by the commissioner of education and the coordinating board to protect the confidentiality of student information, including rules establishing procedures to ensure that confidential student information is not duplicated or removed from a center in an unauthorized manner.(h) The commissioner of education and the coordinating board may:(1) accept gifts and grants to be used in operating one or more centers; and(2) by rule impose reasonable fees, as appropriate, for the use of a center's research, resources, or facilities.(i) This section does not authorize the disclosure of student information that may not be disclosed under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).(j) The commissioner of education and the coordinating board shall adopt rules as necessary to implement this section.(k) In implementing this section, the commissioner of education may use funds appropriated to the agency and available for the purpose of establishing the centers. After a center is established, the center must be funded by gifts and grants accepted under Subsection (h)(1) and fees imposed under Subsection (h)(2). Fees adopted under Subsection (h)(2) must be set in an amount sufficient to provide for the continued operation of the center.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 2.01, eff. May 31, 2006.

TEXAS LAW PROTECTS JUVENILES

2010-08-27T09:19:00.001-07:00

EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES

Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.

(b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by Section 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

§ 57.002 VICTIM'S RIGHTS

2010-05-28T18:48:00.000-07:00

Image by Getty Images via @daylife

Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the juvenile justice system:

(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the court or person appointed by the court take the safety of the victim or the victim's family into consideration as an element in determining whether the child should be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of relevant court proceedings, including appellate proceedings, and to be informed in a timely manner if those court proceedings have been canceled or rescheduled;

(4) the right to be informed, when requested, by the court or a person appointed by the court concerning the procedures in the juvenile justice system, including general procedures relating to:

(A) the preliminary investigation and deferred prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a juvenile court conducting a disposition hearing concerning the impact of the offense on the victim and the victim's family by testimony, written statement, or any other manner before the court renders its disposition;

(6) the right to receive information regarding compensation to victims as provided by Subchapter B, Chapter 56, Code of Criminal Procedure, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment of medical expenses under Section 56.06, Code of Criminal Procedure, for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;

(7) the right to be informed, upon request, of procedures for release under supervision or transfer of the person to the custody of the Texas Department of Criminal Justice for parole, to participate in the release or transfer for parole process, to be notified, if requested, of the person's release, escape, or transfer for parole proceedings concerning the person, to provide to the Texas Youth Commission for inclusion in the person's file information to be considered by the commission before the release under supervision or transfer for parole of the person, and to be notified, if requested, of the person's release or transfer for parole;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the child alleged to have committed the conduct and relatives of the child, before testifying in any proceeding concerning the child, or, if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the child and the child's relatives and witnesses, before and during court proceedings;

(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court proceedings related to the conduct of the child as provided by Section 54.08, subject to that section; and

(12) any other right appropriate to the victim that a victim of criminal conduct has under Article 56.02, Code of Criminal Procedure.

(b) In notifying a victim of the release or escape of a person, the Texas Youth Commission shall use the same procedure established for the notification of the release or escape of an adult offender under Article 56.11, Code of Criminal Procedure.

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via Texas Statutes

ADMISSIBILITY OF A STATEMENT OF A CHILD

2010-05-27T15:46:00.005-07:00

Image by Getty Images via @daylife

Sec. 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD. (a) Notwithstanding Section 51.09, the statement of a child is admissible in evidence in any future proceeding concerning the matter about which the statement was given if:

(1) the statement is made in writing under a circumstance described by Subsection (d) and:

(A) the statement shows that the child has at some time before the making of the statement received from a magistrate a warning that:

(i) the child may remain silent and not make any statement at all and that any statement that the child makes may be used in evidence against the child;

(ii) the child has the right to have an attorney present to advise the child either prior to any questioning or during the questioning;

(iii) if the child is unable to employ an attorney, the child has the right to have an attorney appointed to counsel with the child before or during any interviews with peace officers or attorneys representing the state; and

(iv) the child has the right to terminate the interview at any time;

(B) and:

(i) the statement must be signed in the presence of a magistrate by the child with no law enforcement officer or prosecuting attorney present, except that a magistrate may require a bailiff or a law enforcement officer if a bailiff is not available to be present if the magistrate determines that the presence of the bailiff or law enforcement officer is necessary for the personal safety of the magistrate or other court personnel, provided that the bailiff or law enforcement officer may not carry a weapon in the presence of the child; and

(ii) the magistrate must be fully convinced that the child understands the nature and contents of the statement and that the child is signing the same voluntarily, and if a statement is taken, the magistrate must sign a written statement verifying the foregoing requisites have been met;

(C) the child knowingly, intelligently, and voluntarily waives these rights before and during the making of the statement and signs the statement in the presence of a magistrate; and

(D) the magistrate certifies that the magistrate has examined the child independent of any law enforcement officer or prosecuting attorney, except as required to ensure the personal safety of the magistrate or other court personnel, and has determined that the child understands the nature and contents of the statement and has knowingly, intelligently, and voluntarily waived these rights;

(2) the statement is made orally and the child makes a statement of facts or circumstances that are found to be true and tend to establish the child's guilt, such as the finding of secreted or stolen property, or the instrument with which the child states the offense was committed;

(3) the statement was res gestae of the delinquent conduct or the conduct indicating a need for supervision or of the arrest;

(4) the statement is made:

(A) in open court at the child's adjudication hearing;

(B) before a grand jury considering a petition, under Section 53.045, that the child engaged in delinquent conduct; or

(C) at a preliminary hearing concerning the child held in compliance with this code, other than at a detention hearing under Section 54.01; or

(5) subject to Subsection (f), the statement is made orally under a circumstance described by Subsection (d) and the statement is recorded by an electronic recording device, including a device that records images, and:

(A) before making the statement, the child is given the warning described by Subdivision (1)(A) by a magistrate, the warning is a part of the recording, and the child knowingly, intelligently, and voluntarily waives each right stated in the warning;

(B) the recording device is capable of making an accurate recording, the operator of the device is competent to use the device, the recording is accurate, and the recording has not been altered;

(D) not later than the 20th day before the date of the proceeding, the attorney representing the child is given a complete and accurate copy of each recording of the child made under this subdivision.

(b) This section and Section 51.09 do not preclude the admission of a statement made by the child if:

(1) the statement does not stem from interrogation of the child under a circumstance described by Subsection (d); or

(2) without regard to whether the statement stems from interrogation of the child under a circumstance described by Subsection (d), the statement is voluntary and has a bearing on the credibility of the child as a witness.

(c) An electronic recording of a child's statement made under Subsection (a)(5) shall be preserved until all juvenile or criminal matters relating to any conduct referred to in the statement are final, including the exhaustion of all appeals, or barred from prosecution.

(d) Subsections (a)(1) and (a)(5) apply to the statement of a child made:

(1) while the child is in a detention facility or other place of confinement;

(2) while the child is in the custody of an officer; or

(3) during or after the interrogation of the child by an officer if the child is in the possession of the Department of Protective and Regulatory Services and is suspected to have engaged in conduct that violates a penal law of this state.

(e) A juvenile law referee or master may perform the duties imposed on a magistrate under this section without the approval of the juvenile court if the juvenile board of the county in which the statement of the child is made has authorized a referee or master to perform the duties of a magistrate under this section.

(f) A magistrate who provides the warnings required by Subsection (a)(5) for a recorded statement may at the time the warnings are provided request by speaking on the recording that the officer return the child and the recording to the magistrate at the conclusion of the process of questioning. The magistrate may then view the recording with the child or have the child view the recording to enable the magistrate to determine whether the child's statements were given voluntarily. The magistrate's determination of voluntariness shall be reduced to writing and signed and dated by the magistrate. If a magistrate uses the procedure described by this subsection, a child's statement is not admissible unless the magistrate determines that the statement was given voluntarily.

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via Texas Statutes

§ 51.09 WAIVER OF RIGHTS

2010-05-27T15:46:00.003-07:00

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Sec. 51.09. WAIVER OF RIGHTS. Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if:

(1) the waiver is made by the child and the attorney for the child;

(2) the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;

(3) the waiver is voluntary; and

(4) the waiver is made in writing or in court proceedings that are recorded.

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§ 51.08 TRANSFER FROM CRIMINAL COURT

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Sec. 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the defendant in a criminal proceeding is a child who is charged with an offense other than perjury, a traffic offense, a misdemeanor punishable by fine only, or a violation of a penal ordinance of a political subdivision, unless the child has been transferred to criminal court under Section 54.02, the court exercising criminal jurisdiction shall transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case, and shall order that the child be taken to the place of detention designated by the juvenile court, or shall release the child to the custody of the child's parent, guardian, or custodian, to be brought before the juvenile court at a time designated by that court.

(b) A court in which there is pending a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense:

(1) except as provided by Subsection (d), shall waive its original jurisdiction and refer the child to juvenile court if the child has previously been convicted of:

(A) two or more misdemeanors punishable by fine only other than a traffic offense;

(B) two or more violations of a penal ordinance of a political subdivision other than a traffic offense; or

(2) may waive its original jurisdiction and refer the child to juvenile court if the child:

(A) has not previously been convicted of a misdemeanor punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense; or

(B) has previously been convicted of fewer than two misdemeanors punishable by fine only other than a traffic offense or two violations of a penal ordinance of a political subdivision other than a traffic offense.

(c) A court in which there is pending a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense shall notify the juvenile court of the county in which the court is located of the pending complaint and shall furnish to the juvenile court a copy of the final disposition of any matter for which the court does not waive its original jurisdiction under Subsection (b).

(d) A court that has implemented a juvenile case manager program under Article 45.056, Code of Criminal Procedure, may, but is not required to, waive its original jurisdiction under Subsection (b)(1).

(e) A juvenile court may not refuse to accept the transfer of a case brought under Section 25.094, Education Code, for a child described by Subsection (b)(1) if a prosecuting attorney for the court determines under Section 53.012 that the case is legally sufficient under Section 53.01 for adjudication in juvenile court.

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§ 51.075 COLLABORATIVE SUPERVISION BETWEEN ADJOINING COUNTIES

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Sec. 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING COUNTIES. (a) If a child who is on probation in one county spends substantial time in an adjoining county, including residing, attending school, or working in the adjoining county, the juvenile probation departments of the two counties may enter into a collaborative supervision arrangement regarding the child.

(b) Under a collaborative supervision arrangement, the juvenile probation department of the adjoining county may authorize a probation officer for the county to provide supervision and other services for the child as an agent of the juvenile probation department of the county in which the child was placed on probation. The probation officer providing supervision and other services for the child in the adjoining county shall provide the probation officer supervising the child in the county in which the child was placed on probation with periodic oral, electronic, or written reports concerning the child.

(c) The juvenile court of the county in which the child was placed on probation retains sole authority to modify, amend, extend, or revoke the child's probation.

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§ 51.074 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES

2010-05-27T15:45:00.008-07:00

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Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: DEFERRED PROSECUTION. (a) A juvenile court may transfer interim supervision, but not permanent supervision, to the county where a child on deferred prosecution resides.

(b) On an extension of a previous order of deferred prosecution authorized under Section 53.03(j), the child shall remain on interim supervision for an additional period not to exceed 180 days.

(c) On a violation of the conditions of the original deferred prosecution agreement, the receiving county shall forward the case to the sending county for prosecution or other action in the manner provided by Sections 51.072(i) and (j), except that the original conditions of deferred prosecution may not be modified by the receiving county.

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§ 51.073 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION

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Sec. 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION. (a) In this section:

(1) "Receiving county" means the county to which a child on probation has moved or intends to move.

(2) "Sending county" means the county that:

(A) originally placed the child on probation; or

(B) assumed permanent supervision of the child under an inter-county transfer of probation supervision.

(b) On transfer of permanent supervision of a child under Section 51.072(m) or (n), the juvenile court of the sending county shall order the juvenile probation department of the sending county to provide the juvenile probation department of the receiving county with the order of transfer. On receipt of the order of transfer, the juvenile probation department of the receiving county shall ensure that the order of transfer, the petition, the order of adjudication, the order of disposition, and the conditions of probation are filed with the clerk of the juvenile court of the receiving county.

(c) The juvenile court of the receiving county shall require that the child be brought before the court in order to impose new or different conditions of probation than those originally ordered by the sending county or ordered by the receiving county during the period of interim supervision. The child shall be represented by counsel as provided by Section 51.10.

(d) Once permanent supervision is transferred to the juvenile probation department of the receiving county, the receiving county is fully responsible for selecting and imposing conditions of probation, providing supervision, modifying conditions of probation, and revoking probation. The sending county has no further jurisdiction over the child's case.

(d-1) On the final transfer of a case involving a child who has been adjudicated as having committed an offense for which registration is required under Chapter 62, Code of Criminal Procedure, the receiving county shall have jurisdiction to conduct a hearing under that chapter. This subsection does not prohibit the receiving county juvenile court from considering the written recommendations of the sending county juvenile court.

(e) This section does not affect the sending county's jurisdiction over any new offense committed by the child in the sending county.

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§ 51.072 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION

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Sec. 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION. (a) In this section:

(1) "Receiving county" means the county to which a child on probation has moved or intends to move.

(2) "Sending county" means the county that:

(A) originally placed the child on probation; or

(B) assumed permanent supervision of the child under an inter-county transfer of probation supervision.

(b) When a child on probation moves or intends to move from one county to another and intends to remain in the receiving county for at least 60 days, the juvenile probation department of the sending county shall request that the juvenile probation department of the receiving county provide interim supervision of the child. If the receiving county and the sending county are member counties within a judicial district served by one juvenile probation department, then a transfer of probation supervision is not required.

(c) The juvenile probation department of the receiving county may refuse the request to provide interim supervision only if:

(1) the residence of the child in the receiving county is in a residential placement facility arranged by the sending county; or

(2) the residence of the child in the receiving county is in a foster care placement arranged by the Department of Family and Protective Services.

(d) The juvenile probation department of the sending county shall initiate the request for interim supervision by electronic communication to the probation officer designated as the inter-county transfer officer for the juvenile probation department of the receiving county or, in the absence of this designation, to the chief juvenile probation officer.

(e) The juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with the following information in the request for interim supervision initiated under Subsection (d):

(1) the child's name, sex, age, race, and date of birth;

(2) the name, address, date of birth, and social security or driver's license number, and telephone number, if available, of the person with whom the child proposes to reside or is residing in the receiving county;

(3) the offense for which the child is on probation;

(4) the length of the child's probation term;

(5) a brief summary of the child's history of referrals;

(6) a brief statement of any special needs of the child;

(7) the name and telephone number of the child's school in the receiving county, if available; and

(8) the reason for the child moving or intending to move to the receiving county.

(f) Not later than 10 business days after a receiving county has agreed to provide interim supervision of a child, the juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with a copy of the following documents:

(1) the petition and the adjudication and disposition orders for the child, including the child's thumbprint;

(2) the child's conditions of probation;

(3) the social history report for the child;

(4) any psychological or psychiatric reports concerning the child;

(5) the Department of Public Safety CR 43J form or tracking incident number concerning the child;

(6) any law enforcement incident reports concerning the offense for which the child is on probation;

(7) any sex offender registration information concerning the child;

(8) any juvenile probation department progress reports concerning the child and any other pertinent documentation for the child's probation officer;

(9) case plans concerning the child;

(10) the Texas Juvenile Probation Commission standard assessment tool results for the child;

(11) the computerized referral and case history for the child, including case disposition;

(12) the child's birth certificate;

(13) the child's social security number or social security card, if available;

(14) the name, address, and telephone number of the contact person in the sending county's juvenile probation department;

(15) Title IV-E eligibility screening information for the child, if available;

(16) the address in the sending county for forwarding funds collected to which the sending county is entitled;

(17) any of the child's school or immunization records that the juvenile probation department of the sending county possesses; and

(18) any victim information concerning the case for which the child is on probation.

(f-1) The inter-county transfer officers in the sending and receiving counties shall agree on the official start date for the period of interim supervision, which must begin no later than three business days after the date the documents required under Subsection (f) have been received and accepted by the receiving county.

(g) The juvenile probation department of the receiving county shall supervise the child under the probation conditions imposed by the sending county and provide services similar to those provided to a child placed on probation under the same conditions in the receiving county. On request of the juvenile probation department of the receiving county, the juvenile court of the receiving county may modify the original probation conditions and impose new conditions using the procedures in Section 54.05. The juvenile court of the receiving county may not modify a financial probation condition imposed by the juvenile court of the sending county or the length of the child's probation term. The juvenile court of the receiving county shall designate a cause number for identifying the modification proceedings.

(h) The juvenile court of the sending county may revoke probation for a violation of a condition imposed by the juvenile court of the sending county only if the condition has not been specifically modified or replaced by the juvenile court of the receiving county. The juvenile court of the receiving county may revoke probation for a violation of a condition of probation that the juvenile court of the receiving county has modified or imposed.

(i) If a child is reasonably believed to have violated a condition of probation imposed by the juvenile court of the sending county, the juvenile court of the sending or receiving county may issue a directive to apprehend or detain the child in a certified detention facility, as in other cases of probation violation. In order to respond to a probation violation under this subsection, the juvenile court of the receiving county may:

(1) modify the conditions of probation or extend the probation term; or

(2) require that the juvenile probation department of the sending county resume direct supervision for the child.

(j) On receiving a directive from the juvenile court of the receiving county under Subsection (i)(2), the juvenile probation department of the sending county shall arrange for the prompt transportation of the child back to the sending county at the expense of the sending county. The juvenile probation department in the receiving county shall provide the sending county with supporting written documentation of the incidents of violation of probation on which the request to resume direct supervision is based.

(k) The juvenile probation department of the receiving county is entitled to any probation supervision fees collected from the child or the child's parent while providing interim supervision for the child. During the period of interim supervision, the receiving county shall collect and distribute to the victim monetary restitution payments in the manner specified by the sending county. At the expiration of the period of interim supervision, the receiving county shall collect and distribute directly to the victim any remaining payments.

(l) The sending county is financially responsible for any special treatment program or placement that the juvenile court of the sending county requires as a condition of probation if the child's family is financially unable to pay for the program or placement.

(m) Except as provided by Subsection (n), a period of interim supervision may not exceed 180 days. Permanent supervision automatically transfers to the juvenile probation department of the receiving county after the expiration of the period of interim supervision. The juvenile probation department of the receiving county may request permanent supervision from the juvenile probation department of the sending county at any time before the 180-day interim supervision period expires. After signing and entry of an order of transfer of permanent supervision by the sending county juvenile court, the juvenile probation department shall, in accordance with Section 51.073(b), promptly send the permanent supervision order and related documents to the receiving county.

(m-1) If a child on interim supervision moves to another county of residence or is otherwise no longer in the receiving county before the expiration of 180 days, the receiving county shall direct the sending county to resume supervision of the child.

(n) Notwithstanding Subsection (m), the period of interim supervision of a child who is placed on probation under Section 54.04(q) does not expire until the child has satisfactorily completed the greater of either 180 days or one-third of the term of probation, including one-third of the term of any extension of the probation term ordered under Section 54.05. Permanent supervision automatically transfers to the probation department of the receiving county after the expiration of the period of interim supervision under this subsection. If the state elects to initiate transfer proceedings under Section 54.051, the juvenile court of the sending county may order transfer of the permanent supervision before the expiration of the period of interim supervision under this subsection.

(o) At least once every 90 days during the period of interim supervision, the juvenile probation department of the receiving county shall provide the juvenile probation department of the sending county with a progress report of supervision concerning the child.

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§ 51.07 TRANSFER TO ANOTHER COUNTY FOR DISPOSITION

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Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION. When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision under Section 54.03, the juvenile court may transfer the case and transcripts of records and documents to the juvenile court of the county where the child resides for disposition of the case under Section 54.04. Consent by the court of the county where the child resides is not required.

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§ 51.071 TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED

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Sec. 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by Section 51.075, a juvenile court or juvenile probation department may not engage in the practice of courtesy supervision of a child on probation.

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§ 51.045 JURIES IN COUNTY COURTS AT LAW

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Sec. 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision of this title requires a jury of 12 persons, that provision prevails over any other law that limits the number of members of a jury in a particular county court at law. The state and the defense are entitled to the same number of peremptory challenges allowed in a district court.

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§ 51.06 VENUE

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Sec. 51.06. VENUE. (a) A proceeding under this title shall be commenced in

(1) the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred; or

(2) the county in which the child resides at the time the petition is filed, but only if:

(A) the child was under probation supervision in that county at the time of the commission of the delinquent conduct or conduct indicating a need for supervision;

(B) it cannot be determined in which county the delinquent conduct or conduct indicating a need for supervision occurred; or

(C) the county in which the child resides agrees to accept the case for prosecution, in writing, prior to the case being sent to the county of residence for prosecution.

(b) An application for a writ of habeas corpus brought by or on behalf of a person who has been committed to an institution under the jurisdiction of the Texas Youth Commission and which attacks the validity of the judgment of commitment shall be brought in the county in which the court that entered the judgment of commitment is located.

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§ 51.05 COURT SESSIONS AND FACILITIES

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Sec. 51.05. COURT SESSIONS AND FACILITIES. (a) The juvenile court shall be deemed in session at all times. Suitable quarters shall be provided by the commissioners court of each county for the hearing of cases and for the use of the judge, the probation officer, and other employees of the court.

(b) The juvenile court and the juvenile board shall report annually to the commissioners court on the suitability of the quarters and facilities of the juvenile court and may make recommendations for their improvement.

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§ 51.042 OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD

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Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD. (a) A child who objects to the jurisdiction of the court over the child because of the age of the child must raise the objection at the adjudication hearing or discretionary transfer hearing, if any.

(b) A child who does not object as provided by Subsection (a) waives any right to object to the jurisdiction of the court because of the age of the child at a later hearing or on appeal.

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§ 51.0412 JURISDICTION OVER INCOMPLETE PROCEEDINGS

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Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, or a motion for transfer of determinate sentence probation to an appropriate district court if:

(1) the petition, motion to modify, or motion for transfer was filed while the respondent was younger than 18 years of age;

(2) the proceeding is not complete before the respondent becomes 18 years of age; and

(3) the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 years of age.

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§ 51.0411 JURISDICTION FOR TRANSFER OR RELEASE HEARING

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Sec. 51.0411. JURISDICTION FOR TRANSFER OR RELEASE HEARING. The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under Section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision.

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§ 51.041 JURISDICTION AFTER APPEAL

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Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court retains jurisdiction over a person, without regard to the age of the person, for conduct engaged in by the person before becoming 17 years of age if, as a result of an appeal by the person or the state under Chapter 56 or by the person under Article 44.47, Code of Criminal Procedure, of an order of the court, the order is reversed or modified and the case remanded to the court by the appellate court.

(b) If the respondent is at least 18 years of age when the order of remand from the appellate court is received by the juvenile court, the juvenile court shall proceed as provided by Sections 54.02(o)-(r) for the detention of a person at least 18 years of age in discretionary transfer proceedings. Pending retrial of the adjudication or transfer proceeding, the juvenile court may:

(1) order the respondent released from custody;

(2) order the respondent detained in a juvenile detention facility; or

(3) set bond and order the respondent detained in a county adult facility if bond is not made.

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§ 51.04 JURISDICTION

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Sec. 51.04. JURISDICTION. (a) This title covers the proceedings in all cases involving the delinquent conduct or conduct indicating a need for supervision engaged in by a person who was a child within the meaning of this title at the time the person engaged in the conduct, and, except as provided by Subsection (h), the juvenile court has exclusive original jurisdiction over proceedings under this title.

(b) In each county, the county's juvenile board shall designate one or more district, criminal district, domestic relations, juvenile, or county courts or county courts at law as the juvenile court, subject to Subsections (c) and (d) of this section.

(c) If the county court is designated as a juvenile court, at least one other court shall be designated as the juvenile court. A county court does not have jurisdiction of a proceeding involving a petition approved by a grand jury under Section 53.045 of this code.

(d) If the judge of a court designated in Subsection (b) or (c) of this section is not an attorney licensed in this state, there shall also be designated an alternate court, the judge of which is an attorney licensed in this state.

(e) A designation made under Subsection (b) or (c) of this section may be changed from time to time by the authorized boards or judges for the convenience of the people and the welfare of children. However, there must be at all times a juvenile court designated for each county. It is the intent of the legislature that in selecting a court to be the juvenile court of each county, the selection shall be made as far as practicable so that the court designated as the juvenile court will be one which is presided over by a judge who has a sympathetic understanding of the problems of child welfare and that changes in the designation of juvenile courts be made only when the best interest of the public requires it.

(f) If the judge of the juvenile court or any alternate judge named under Subsection (b) or (c) is not in the county or is otherwise unavailable, any magistrate may make a determination under Section 53.02(f) or may conduct the detention hearing provided for in Section 54.01.

(g) The juvenile board may appoint a referee to make determinations under Section 53.02(f) or to conduct hearings under this title. The referee shall be an attorney licensed to practice law in this state and shall comply with Section 54.10. Payment of any referee services shall be provided from county funds.

(h) In a county with a population of less than 100,000, the juvenile court has concurrent jurisdiction with the justice and municipal courts over conduct engaged in by a child that violates Section 25.094, Education Code.

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§ 51.031 HABITUAL FELONY CONDUCT

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Sec. 51.031. HABITUAL FELONY CONDUCT. (a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:

(1) the child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony;

(2) the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and

(3) all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.

(b) For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Youth Commission.

(c) An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.

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§ 51.03 DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION

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Sec. 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION. (a) Delinquent conduct is:

(1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;

(2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:

(A) a justice or municipal court; or

(B) a county court for conduct punishable only by a fine;

(3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or

(4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).

(b) Conduct indicating a need for supervision is:

(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B) the penal ordinances of any political subdivision of this state;

(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

(3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or

(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

(d) It is an affirmative defense to an allegation of conduct under Subsection (b)(2) that one or more of the absences required to be proven under that subsection have been excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute conduct under Subsection (b)(2). The burden is on the respondent to show by a preponderance of the evidence that the absence has been or should be excused or that the absence was involuntary. A decision by the court to excuse an absence for purposes of this subsection does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

(e) For the purposes of Subsection (b)(3), "child" does not include a person who is married, divorced, or widowed.

(f) Except as provided by Subsection (g), conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).

(g) In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.

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§ 51.02 DEFINITIONS

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Sec. 51.02. DEFINITIONS. In this title:

(1) "Aggravated controlled substance felony" means an offense under Subchapter D, Chapter 481, Health and Safety Code, that is punishable by:

(A) a minimum term of confinement that is longer than the minimum term of confinement for a felony of the first degree; or

(B) a maximum fine that is greater than the maximum fine for a felony of the first degree.

(2) "Child" means a person who is:

(A) ten years of age or older and under 17 years of age; or

(B) seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.

(3) "Custodian" means the adult with whom the child resides.

(4) "Guardian" means 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.

(5) "Judge" or "juvenile court judge" means the judge of a juvenile court.

(6) "Juvenile court" means a court designated under Section 51.04 of this code to exercise jurisdiction over proceedings under this title.

(7) "Law-enforcement officer" means a peace officer as defined by Article 2.12, Code of Criminal Procedure.

(8) "Nonoffender" means a child who:

(A) is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of the child; or

(B) has been taken into custody and is being held solely for deportation out of the United States.

(8-a) "Nonsecure correctional facility" means a facility, other than a secure correctional facility, that accepts only juveniles who are on probation and that is operated by or under contract with a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code.

(9) "Parent" means the mother or the father of a child, but does not include a parent whose parental rights have been terminated.

(10) "Party" means the state, a child who is the subject of proceedings under this subtitle, or the child's parent, spouse, guardian, or guardian ad litem.

(11) "Prosecuting attorney" means the county attorney, district attorney, or other attorney who regularly serves in a prosecutory capacity in a juvenile court.

(12) "Referral to juvenile court" means the referral of a child or a child's case to the office or official, including an intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.

(13) "Secure correctional facility" means any public or private residential facility, including an alcohol or other drug treatment facility, that:

(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and

(B) is used for the placement of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense.

(14) "Secure detention facility" means any public or private residential facility that:

(A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and

(B) is used for the temporary placement of any juvenile who is accused of having committed an offense, any nonoffender, or any other individual accused of having committed a criminal offense.

(15) "Status offender" means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including:

(A) truancy under Section 51.03(b)(2);

(B) running away from home under Section 51.03(b)(3);

(C) a fineable only offense under Section 51.03(b)(1) transferred to the juvenile court under Section 51.08(b), but only if the conduct constituting the offense would not have been criminal if engaged in by an adult;

(D) failure to attend school under Section 25.094, Education Code;

(E) a violation of standards of student conduct as described by Section 51.03(b)(5);

(F) a violation of a juvenile curfew ordinance or order;

(G) a violation of a provision of the Alcoholic Beverage Code applicable to minors only; or

(H) a violation of any other fineable only offense under Section 8.07(a)(4) or (5), Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.

(16) "Traffic offense" means:

(A) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail; or

(B) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state.

(17) "Valid court order" means a court order entered under Section 54.04 concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender.

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via Texas Statutes

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§ 51.01 PURPOSE AND INTERPRETATION

2010-05-27T15:40:00.000-07:00

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Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall be construed to effectuate the following public purposes:

(1) to provide for the protection of the public and public safety;

(2) consistent with the protection of the public and public safety:

(A) to promote the concept of punishment for criminal acts;

(B) to remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and

(C) to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct;

(3) to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;

(4) to protect the welfare of the community and to control the commission of unlawful acts by children;

(5) to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child's parents only when necessary for the child's welfare or in the interest of public safety and when a child is removed from the child's family, to give the child the care that should be provided by parents; and

(6) to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.

-------------------------------------------------
via Texas Statutes

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TEEN DRINKING DEADLY IN HOUSTON WARNS ANDY NOLEN

2010-02-24T06:09:00.000-08:00

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Look for a impertinent and personal breathalyzer that gives quick and comprehensible and precise test results with sane and simple one-button operation. Every breathalyzer has very sane and simple to follow instructions, but why have a device that is overly roundabout and complicated? Chances are you are going to be intoxicated when you require to use it anyway, so there’s no require to defeat the intention and intention of having a impertinent and personal breathalyzer originally. Every breathalyzer goes through a start up routine when you first activate the device, a heap of rather quickly within a small amount of seconds while other take up to few minutes. There are complex and various examples and models on the marketplace, so go with one that doesn’t take evermore to run through the get started up routine. Massive and compact design is some other characteristic to seek for when buying goods for a impertinent and personal alcohol detector. A heap of devices are rather little and double as a key chain. The reliability of a heap of of these types of devices is a bit questionable notwithstanding. For the same price, you can find a massive and compact design fit for a purse or back pocket that is very comprehensible and precise, authentic, and of sturdy construction.
i once had a friend who was successful to get arrested three times for driving beneath the influence (dui), and he is going through a pricey routine to get his license back. Needless to say, he has a bit of a problem, and his family is a bit more than inconvenienced because they now have to drive him back and forth to work also to any other errands he can have to run. In order to get his driving privileges reinstated, he should remain alcohol free for an entire year. Since he does have a drinking problem, his wife uses a impertinent and personal breathalyzer to keep him honest in case he is called in for a random alcohol screening.
be responsible originally and don’t drink and drive. Whether or not you are going to drink but you think you are sober sufficient to drive, it is good to have a impertinent and personal alcohol detector on hand to keep yourself in check.

PERSONAL BREATH TESTER MAY HELP JUVENILES

2010-02-24T06:02:00.000-08:00

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Some friends and i went out to eat a local restaurant, and we all had few drinks with dinner. As we left the restaurant, i remembered i had a impertinent and personal breathalyzer in my glove compartment that i had not so long ago purchased. I ran a check on myself using my impertinent and personal alcohol detector and realized i was at a 0. 10% blood alcohol content (bac). Not wanting to take any chances, i called for a cab, and on the ride home we passed through a dui checkpoint in the same route i would have driven home. My heart skipped a beat and my stomach dropped as i realized that little impertinent and personal breathalyzer saved me from months of embarrassment, irritation, and a considerable quantity of money.
Like any substance, alcohol reacts differently in the body for every person. This is the reason why a heap of people are considered “light-weights” while others appear to be able to drink the entire bar and come back for more. Using a impertinent and personal breathalyzer, you can test yourself and others to see for your own behalf how bac can vary as stated by every person. Believe it or not, impertinent and personal breathalyzers make great party qualities and gifts too, specially during the holiday season. You can always liven up a party by passing around the alcohol detector, and being the host this is a nifty way to recognise whether or not your guests are okay to drive.
The key to using a impertinent and personal alcohol detector effectively is that you should wait at least twenty minutes after your last drink to get an comprehensible and precise reading. Whether or not you don’t abide by this sane and simple rule, you will experience very inconsistent results both underestimating and overstating your present bac. So whether or not you’ve just completed a drink and nearly without delay gather a breathalyzer sample which reads your bac is beneath the legal limit, i can guarantee this is unquestionably not a unfeigned representation of your present bac. Too soon after drinking and the alcohol particles can not be present in your lungs causing you to give a lower than unfeigned share. Another possibleness is that there can be alcohol hushed and still present on your tongue which sends the reading into the stratosphere when you’ve only had one drink. Moral of the story, wait twenty minutes then gather a breathalyzer sample, that way you wont be putting yourself and others in sedate and serious jeopardy.

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