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87 Cards in this Set
- Front
- Back
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A law enforcement agency shall forward information, including ________, relating to a child who has been taken into custody under Section 52.01 by the agency to the Department of Public Safety for inclusion in the juvenile justice information system created under Subchapter B, but only if the child is referred to juvenile court on or before the _____ after the date the child is taken into custody under Section 52.01
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fingerprints; 10th day
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If the child is not referred to juvenile court within 10 days, the law enforcement agency shall ________ all information, including __________ and fingerprints, relating to the child unless the child is placed in a _____ ________ _______ under Section 52.031 or on informal disposition under Section 52.03.
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destroy; photographs; first offender program
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The law enforcement agency may not forward any information to the Department of Public Safety relating to the child while the child is in a _____ ________ ________ under Section 52.031, or during the ______ following successful completion of the program or while the child is on _________ disposition under Section 52.03.
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first offender program; 90 days ; informal
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Except as provided by Subsection (f), after the date the child completes an informal disposition under Section 52.03 or after the _____ after the date the child successfully completes a first offender program under Section 52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child.
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90th day
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If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child under this section, the agency shall alter the document so that the information relating to the child is ________ and the information relating to the adult is _________.
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destroyed; preserved
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The deletion of a computer entry constitutes ________ of the information contained in the entry.
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destruction
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A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child's eligibility to participate in a _____ _________ __________.
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first offender program
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Except as provided by Chapter 63, Code of Criminal Procedure (Missing Child), a child may not be photographed or fingerprinted without the consent of the ______ ________ unless the child is taken into custody or ________ to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by ___________ __ _____.
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juvenile court ; referred; confinement in jail
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On or before __________ of each year, the head of ____ municipal or county law enforcement agency located in a county shall certify to the ________ ______ for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed
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December 31 ; each; juvenile board
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The juvenile _______ shall conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose.
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board
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(Audit of records for destruction of juvenile photographs and fingerprints): If the audit shows that the certification provided by the head of the law enforcement agency is false, that person is subject to prosecution for ______ under Chapter 37, Penal Code.
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perjury
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This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody if the child's parent or guardian voluntarily consents __ _____ to the photographing or fingerprinting of the child
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in writing
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(a) A law enforcement officer may take temporary custody of a child to take the child's fingerprints if: (1) the officer has probable cause to believe that the child has engaged in ________ _______; (2) the officer has investigated that conduct and has found other _________ during the investigation; and (3) the officer has probable cause to believe that the child's fingerprints will ______ the other fingerprints
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delinquent conduct; fingerprints; match
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A law enforcement officer may take temporary custody of a child to take the child's photograph if: (1) the officer has probable cause to believe that the child has engaged in __________ _______; and (2) the officer has probable cause to believe that the child's photograph will be of __________ _________ in the investigation of that conduct
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delinquent conduct; material assistance
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Temporary custody for the purpose described by Subsection (a) or (b): (1) is not a taking into custody under Section 52.01; and (2) may not be reported to the _______ _______ _______ ________ under Subchapter B
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juvenile justice information system
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If a law enforcement officer does not take the child into custody under Section 52.01, the child shall be released from temporary custody authorized under this section as soon as the _____________ or ________ are obtained
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fingerprints or photographs
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A law enforcement officer who under this section obtains fingerprints or photographs from a child shall: (1) immediately ______ them if they do not lead to a positive comparison or identification; and (2) make a reasonable effort to notify the child's ______, guardian, or custodian of the action taken
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destroy; parent
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A law enforcement officer may under this section obtain fingerprints or photographs from a child at: (1) a juvenile ______ office; or (2) a location that affords reasonable ______ to the child.
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processing; privacy
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All law enforcement, prosecuting attorney, clerk of court, and juvenile court records ordered sealed shall be sent before the ___ _____ after the date the order is received to the court issuing the order
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61st day
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Inspection of the sealed records may be permitted by an order of the juvenile court on the _______ of the person who is the subject of the records and only by those persons named in the order.
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petition
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On the motion of a person in whose name records are kept or on the court's own motion, the court may order the destruction of records that have been sealed under this section if: (1) the records relate to conduct that did not violate a penal law of the grade of felony or a misdemeanor punishable by confinement in jail; (2) ____ ______have elapsed since the person's ___ birthday; and (3) the person has not been convicted of a felony.
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five years ;16th
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If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the ______ and _____.
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Texas Crime Information Center and the National Crime Information Center
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The juvenile court may disseminate to the public the following information relating to a child who is the subject of a directive to ________ or a ________ __ ________ and who cannot be located for the purpose of apprehension: (1) the child's name, including other names by which the child is known; (2) the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (3) a photograph of the child; and (4) a description of the conduct the child is alleged to have committed, including the level and degree of the alleged offense.
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apprehend; warrant of arrest
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Purpose of Juvenile Justice System is
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*Help Moral Develop Children *Protect *Provide a Judicial Procedure |
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The person who, under court order is the guardian of the person or of the child, or is the public place with whom teh child has been placed
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Guardian
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A child violates a class B what woud they fall under
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Delinquent
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Would a traffic cite be delinquent conduct?
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NO
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Would a violation of a court order be delinquent conduct?
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Yes
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are Court orders for Class C's, runway or city ordinance violations delinquent conduct?
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No
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What would you charge a child with if they were skipped __ days of school in six months?
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10 days- Conduct in need of supervision
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Age of responsibility for murder
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10+
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What Laws apply to Juveniles?
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All Adult Laws plus juvenile restrictions.
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Consent by Non-Parent
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The following persons may consent to medical treatment when parent cannot be contacted:•Grandparent •Adult Brother/Sister •Adult Aunt/Uncle •School which child is enrolled |
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Delinquent Conduct
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Conduct, other than a traffic offense, that violates the penal code. All normal crimes.
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CINS (Conduct In Need of Supervision)
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Status Offenses-Crimes only juveniles can be commit
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CINS Offenses
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•Truancy •Curfew •Tobacco •Class C Offense, other than traffic •Runaway •Paint / Inhalant Sniffing •Juvenile Court Probation Violation •Prostitution •Electronic Transmission of Certain Visual Material Depicting Minor |
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Define: Child
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A person who is: •10 years of age or older; to •Under 17 years of ageUnless adjudicated, then it's until 18 |
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Define: Custodian
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Means the adult with whom the child resides.
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Define: Guardian
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Means a person or public/private agency appointed by the court to be the guardian of the child.
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Define: Juvenile Court
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A court appointed by the county to deal with only Juvenile Cases.
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Define: Juvenile Court
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A court appointed by the county to deal with only Juvenile Cases.
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Define: Nonoffender
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Means a child who is a victim or an immigration case.
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Define: Parent
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Means the mother or the father of a child, unless parental rights have been terminated.
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Define: "Guardian ad litem"
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An attorney appointed to represent the interests of the child
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Referral to Juvenile Court
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When you file the juveniles case for prosecution
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Secure Correctional Facility
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Any public or private residential facility •Drug/Alcohol Treatment Facility •Must be adjudicated |
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Secure Detention Facility
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Means any public or private residential facility •Temporary •Only when accused, not adjudicated |
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Define: Adjuducated
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Means to be convicted
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Status Offender
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Same as CINS •Truancy •Curfew •Tobacco •Class C Offense, other than traffic •RunawayPaint / Inhalant Sniffing •Juvenile Court Probation Violation •Prostitution •Electronic Transmission of Certain Visual Material Depicting Minor |
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Age Affecting Criminal Responsibility
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A person may not be prosecuted for an offense if younger than 15 Except when committing: •perjury/ agg perjury •violating city ordinance •misdemeanor punishable by fine only |
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Habitual Felony Conduct
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Requires 2 Completed prior felony convictions, not county SJF.
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5 Ways to Take Statements from a JuvenileLegal requirements for waiver of rights and admissibility
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Legal requirements for waiver of rights and admissibility: 1.Writing (requires magistrate, no LEO present)2.Orally (voluntary / corroborated) 3.Res Gestae (unsolicited/spontaneous) 4.In Open Court 5.Is Recorded (voluntary) |
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Waiver of Rights
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A child can waive any of his due process rights
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Admissibility of Recorded Statements from Juvenile
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Admissibility of Recorded Statements from Juvenile: •Must give Miranda •Voluntarily waives rights after miranda •Each voice is identified •Recording must be given to Attorneys no later than 20th day before hearing |
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Legal Requirements on Places and Conditions of Detention (sec 51.12)
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Juveniles can be taken only to restricted areas •Juvenile Board must certify locations and inspect them annually •Must separate from adult inmates by sight and sound •A JPO may be established (non-secure) •Juvenile cannot be held in JPO longer than 6 hours •Parents, guardians, and attorneys can come to JPO •Sheriff is responsible for transporting juveniles in secure custody to court |
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Places of Detention
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A Child may only be detained in a: •JPO •Municipal or justice court •Certified Juvenile Detention Facility •Secure Detention Facility •County Jail •Nonsecure Correctional Facility |
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Certifying Juvenile Holding Areas
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•Done only by Juvenile Board •Annually |
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Conditions of Detention
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Juveniles must be separated by sight and sound from Adult Inmates.
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JPO
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Juvenile Processing Office
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Detaining a Juvenile
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No more than 6 hours •Child may not be left unattended |
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Define: Attachment
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A writ that orders an inmate to be taken to a hearing
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When can records be destroyed?
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•If a child is not referred within 10 days, unless he goes to a first offender program •If an adult arrest file contains juvenile information, then the information must be redacted •If child does go to first offender program, only basic information may be kept |
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The only CINS offense where Photos an Prints can be Taken
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Runaway
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Define: Referral
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Taking a case to be prosecuted
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Fingerprinting and Photographing Juvenile
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A child may not be photographed or fingerprinted without the consent unless: •the child is taken into custody for a felony or a misdemeanor punishable by confinement in jail •PC child engaged in Delinquent Conduct •Must have PC to believe print/photos will be material •Child is a Runaway |
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If Prints/Photos do not lead to positive ID
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Immediately destroy the prints and/or photographs
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Arrest Warrant for a Juvenile
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Directive to Apprehend •Must have PC •Only issued by Juvenile Court |
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When can you Fingerprint Juvenile
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Requirements Needed to Fingerprint: 1.Officer has PC to believe the child engaged in Delinquent Conduct; 2.Found fingerprints during investigation; and3.Officer has PC to believe that the prints will match |
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Juvenile Failure to Pay Traffic Fines
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Juveniles cannot confine Juvenile for failure to pay his fines. BUT, when he turns 17, those tickets will go to warrant.
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Taking Into Custody
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A Child may be Taken into Custody if: •Pursuant to the laws of arrest •By a LEO id engaged in Delinquent conduct •A LEO may take truant child back to school |
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Failure to Pay Fine, Contempt
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Judges cannot do anything if they are a Juvenile •Not until 17 years old |
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Child Taken into Custody for Class C Misdemeanors
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Can be released to the child's parent, guardian, custodian, or other responsible adult if taken into custody for Class C offense
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Nonsecure Location
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A nonsecure Location area must be an unlocked, multipurpose area
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Children Taken into Custody
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Relates to detention in non-secure facility: •Cannot be restrained •Only long enough to conduct business •Remains under continuous watch •Never more than 6 hours.Relates to Offenses Occurring on School Property: •child 12 or older, offense report must be given to prosecutor before case can proceed •Child under 12, a citation cannot be issued, the kid cannot be prosecuted |
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Violation of Juvenile Curfew
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A person younger than 17 that violated curfew shall: •release to parent, guardian, or custodian •take them to the non-secure area and babysit until curfew is over |
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Where to Bring Juvenile if you did not bring him to JPO
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•Intox room for DUI •Release to parents •medical facility •detention facility •back to school if truant |
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Reasons to not get referred
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If a Class C Citation •If entered into first offender program •If there is a policy |
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What happens when a case is referred:
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Parents are Notified •referring agency must provide list of items relating to case |
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Rights and Duties of Parents
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Duties extend until graduation from HS or emancipation occurs.
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Professionals are required to Report
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Must report within 48 hours when they believe may be neglected.
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To who you report child abuse to
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"Board of Protective and Regulatory Services" Police officer |
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Reporting Immunities
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If you make a report in good faith, you are immune from Civil Liabilities if investigation does not come up with PC
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False Report; Criminal Penalty; Civil Penalty
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•SJF •Liable to state for $1,000 Fine |
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This title shall be construed to effectuate the following
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1. To provide for the protection of the public and public safety 2. To promote the concept of punishment for criminal acts 3. to remove, where appropriate, the taint of criminality from children committing certain unlawful acts 4. to provide treatment, training and rehabilitation that emphasizes the accountability and responsibility of both parent and the child for the child's conduct |
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Define: Abducted child
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Means a child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency
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If the subject of the report is a child or person other than a child or person described by subdivision (1) start the investigation with
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due diligence in order to determine the present location of the child or person
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