Family Code/juvenile Issues

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10 years of age or older and under 17 years of age or 17 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

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Child

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means the adult with whom the child resides

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Custodian

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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.

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Guardian

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

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Parent

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means the state, a child who is the subject of proceedings under this subtitle, or the child's parents, spouse, guardian, or guardian ad litem.

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Party

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mean the subject has been taken into custody and is being held solely for deportation out of the United States

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Nonoffender

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

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Delinquent Conduct

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1 - Subject to conduct, other than a traffic offense, that violates: (if the child has been referred to the juvenile court)
(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only
(B) the penal ordinances of any political subdivision of this state

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Conduct indicating a need for supervision

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2 - the absence of a child on 10 or more days or parts of days within a 6 month period in the same school year or on 3 or more days or parts of days within a 4 week period from school

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Conduct indicating a need for supervision

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____________ 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 2 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

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Habitual Felony Conduct

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Waiver of Rights - The waiver is made by the ____ and the __________;
the waiver is made in _____ or in court proceedings that are recorded.

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Child - Attorney for the child

Writing

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The statement of a child is admissible in evidence in any future proceeding concerning the matter about which the statement was given if;

The statement must be signed in the presence of a ______ by the child;

with no ___________ or _______ present

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Magistrate

Law Enforcement Officer - Prosecuting Attorney

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Place and Conditions of Detention a child may be detained only in a:
1
2
3
4
5

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1. juvenile processing office in compliance with
2. place of non-secure custody
3. certified juvenile detention facility
4. secure detention facility or
5. county jail or other facility (not with adult offenders)

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A child may not be detained in a juvenile processing office for longer than ___ hours

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6

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It SHALL be the duty of the law enforcement officer who ___________________ to transport the child to the appropriate detention facility or to the school campus to which the child is assigned if the child is not released to the parent, guardian, or custodian of the child.

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has taken a child into custody

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A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody and referred to juvenile court before the ___ day.

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10th

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A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody and NOT referred to juvenile court must _________.

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Destroy records

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A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody and is placed in the first offender program holds records for ___ days while in the program then after completing destroy information with ___ days.

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90 - 90

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A child may not be ________ or _________ without the consent of the juvenile court unless;

- the child is taken into custody or referred to the juvenile court
- for conduct that constitutes a felony or
- a misdemeanor punishable by confinement in jail

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Photographed - Fingerprinted

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A law enforcement officer may take temporary custody of a child to take the child's ______ if;

1- the officer has probable cause to believe that the child has engaged in delinquent conduct; and
2- the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of that conduct.

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Fingerprints

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A justice or municipal court ______ order the confinement of a child for:

1- the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only;
2- contempt of another order of a justice or municipal court

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May Not

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A child may be released to the child's _____________________.

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parent, guardian, custodian, or other responsible adult

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_______ is the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused

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Neglect

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1. A person
2. with the intent to deceive
3. KNOWINGLY makes a report
4. that is false.

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False Report
1st offense - State Jail Felony
2nd offense - 3rd degree felony

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1. person, county, and date
2. Observes the commission or attempted commission of aggravated sexual assault of a child or continuous sexual abuse
3. Fails to assist the child or fails to report it
4. Without placing the person in danger of serious bodily injury or death

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Failure to Stop or Report Aggravated Sexual assault of a child
Class A Misdemeanor

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1. A person
2. is notified of the time of the transport of a child by the department and the location of which the transport is initiated and the person is present at the location when the transport is initiated and
3. attempts to interfere with the department's investigation.

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Class B Misdemeanor

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A person who takes possession of a child without a court order is _____________________ if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger tot the physical health or safety of the child.

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immune from civil liability

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_________ to the school for the following:

unlawful restraint
indecent exposure
assault
deadly conduct
terrorist threat
engaging in organized criminal activity
sale or possession of a controlled substance
drug paraphernalia
marijuana
possession of a prohibited weapon

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Notification

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Factors affecting youth encounters with police:

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Need for independence
rebellion against authority
peer pressure

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Problems associated with juvenile gang activites:

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conditions for juvenile gang existence
name/identification of leadership
geographic turf
weapon and drug involvement
delinquent activity

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needs met by gangs fro juveniles:

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status
self-worth/esteem
acceptance
fun/excitement/risk
credibility/notoriety
protection
recognition of identity
bonding
substitution for boredom
obtain wealth and materialism
survival

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Three phases of gang involvement:

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minor mischief
seeking identity
drive-by shootings, drugs, killings