Houston Juvenile Defense Attorney, Texas Juvenile Code 51

FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 51. GENERAL PROVISIONS

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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th
Leg., ch. 262, Sec. 2, eff. Jan. 1, 1996.
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.
(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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th
Leg., p. 2152, ch. 693, Sec. 1, eff. Sept. 1, 1975; Acts 1995, 74th Leg., ch. 262, Sec. 3, eff.
Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.06, 30.182, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 822, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 13, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 41, 47, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 821, Sec. 2.02, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1297, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949, Sec. 1, eff. September 1, 2005.
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.
(c) Nothing in this title prevents criminal proceedings against a child for perjury.
(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), other than
conduct that violates Section 49.02, Penal Code, prohibiting public intoxication, 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.

Acts 2005, 79th Leg., Ch. 949, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 3, eff. September 1, 2007.
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.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 5, eff. Jan. 1, 1996. Amended by Acts 1997, 75th
Leg., ch. 1086, Sec. 2, eff. Sept. 1, 1997.
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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th
Leg., p. 1357, ch. 514, Sec. 1, eff. June 19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, Sec.
5 to 7, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch. 411, Sec. 1, eff. June 15, 1977;
Acts 1987, 70th Leg., ch. 385, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 168, Sec. 4,
eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 232, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1297, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 12, eff. Sept. 1,
2001.
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

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Juvenile Justice Code

DELINQUENT CONDUCT;
CONDUCT INDICATING A
NEED FOR SUPERVISION
TRANSFER OF PROBATION
SUPERVISION BETWEEN
COUNTIES
ADMISSIBILITY OF A
STATEMENT OF A CHILD
APPOINTMENT OF
ATTORNEY AND
CONTINUATION OF
REPRESENTATION
POST-ADJUDICATION
CORRECTIONAL FACILITIES
PROCEDURE AND EVIDENCE
FIRST OFFENDER PROGRAM
REFERRAL TO JUVENILE
COURT; NOTICE TO PARENTS
PRELIMINARY
INVESTIGATION AND
DETERMINATIONS
deferred prosecution
TIME SET FOR HEARING
DETENTION HEARING
COUNTY, JUSTICE, OR
MUNICIPAL COURT:
TRUANCY
DEFERRAL OF
ADJUDICATION AND
DISMISSAL OF CERTAIN
CASES ON COMPLETION OF
TEEN COURT PROGRAM
CHILD PLACED ON
PROBATION FOR CONDUCT
CONSTITUTING SEXUAL
OFFENSE
MONITORING SCHOOL
ATTENDANCE
RESTITUTION FOR
DAMAGING PROPERTY
WITH GRAFFITI
PAYMENT OF PROBATION
FEES
PROCEEDINGS
CONCERNING CHILDREN
WITH MENTAL ILLNESS OR
MENTAL RETARDATION
LACK OF RESPONSIBILITY
FOR CONDUCT AS A RESULT
OF MENTAL ILLNESS OR
MENTAL RETARDATION
PROCEEDINGS FOLLOWING
FINDING OF LACK OF
RESPONSIBILITY FOR
CONDUCT
RIGHT TO APPEAL
RIGHTS OF VICTIMS

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