FAMILY CODE CHAPTER 52.
PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT

detention of a child taken into custody under Section 52.01. The office may not be a cell or holding
facility used for detentions other than detentions under this section.  The juvenile board by
written order may prescribe the conditions of the designation and limit the activities that may
occur in the office during the temporary detention.
(b)  A child may be detained in a juvenile processing office only for:
(1)  the return of the child to the custody of a person under Section 52.02(a)(1);
(2)  the completion of essential forms and records required by the juvenile court or this title;
(3)  the photographing and fingerprinting of the child if otherwise authorized at the time of
temporary detention by this title;
(4)  the issuance of warnings to the child as required or permitted by this title;  or
(5)  the receipt of a statement by the child under Section 51.095(a)(1), (2), (3), or (5).
(c)  A child may not be left unattended in a juvenile processing office and is entitled to be
accompanied by the child's parent, guardian, or other custodian or by the child's attorney.
(d)  A child may not be detained in a juvenile processing office for longer than six hours.
Added by Acts 1991, 72nd Leg., ch. 495, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg.,
ch. 1086, Sec. 48, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1297, Sec. 13, eff. Sept. 1, 2001.
Sec. 52.026.  RESPONSIBILITY FOR TRANSPORTING JUVENILE OFFENDERS.  (a)  It shall be the
duty of the law enforcement officer who has taken a child into custody to transport the child to the
appropriate detention facility or to the school campus to which the child is assigned as provided
by Section 52.02(a)(7) if the child is not released to the parent, guardian, or custodian of the child.
(b)  If the juvenile detention facility is located outside the county in which the child is taken into
custody, it shall be the duty of the law enforcement officer who has taken the child into custody or,
if authorized by the commissioners court of the county, the sheriff of that county to transport the
child to the appropriate juvenile detention facility unless the child is:
(1)  detained in a secure detention facility under Section 51.12(j);  or
(2)  released to the parent, guardian, or custodian of the child.
(c)  On adoption of an order by the juvenile board and approval of the juvenile board's order by
record vote of the commissioners court, it shall be the duty of the sheriff of the county in which the
child is taken into custody to transport the child to and from all scheduled juvenile court
proceedings and appearances and other activities ordered by the juvenile court.
Added by Acts 1993, 73rd Leg., ch. 411, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg.,
ch. 1374, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 6.09, eff. Sept. 1, 1999;  Acts 1999,
76th Leg., ch. 1082, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 286, Sec. 2, eff. September 1, 2007.
Sec. 52.03.  DISPOSITION WITHOUT REFERRAL TO COURT.  (a)  A law-enforcement officer
authorized by this title to take a child into custody may dispose of the case of a child taken into
custody without referral to juvenile court, if:
(1)  guidelines for such disposition have been adopted by the juvenile board of the county in which
the disposition is made as required by Section 52.032;
(2)  the disposition is authorized by the guidelines;  and
(3)  the officer makes a written report of the officer's disposition to the law-enforcement agency,
identifying the child and specifying the grounds for believing that the taking into custody was
authorized.
(b)  No disposition authorized by this section may involve:
(1)  keeping the child in law-enforcement custody;  or
(2)  requiring periodic reporting of the child to a law-enforcement officer, law-enforcement
agency, or other agency.
(c)  A disposition authorized by this section may involve:
(1)  referral of the child to an agency other than the juvenile court;  
(2)  a brief conference with the child and his parent, guardian, or custodian;  or
(3)  referral of the child and the child's parent, guardian, or custodian for services under Section
264.302.
(d)  Statistics indicating the number and kind of dispositions made by a law-enforcement agency
under the authority of this section shall be reported at least annually to the office or official
designated by the juvenile board, as ordered by the board.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch.
262, Sec. 18, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 48, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th
Leg., ch. 1297, Sec. 15, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 10, eff. Sept. 1, 2003.
Sec. 52.031.  FIRST OFFENDER PROGRAM.  (a)  A juvenile board may establish a first offender
program under this section for the referral and disposition of children taken into custody for:
(1)  conduct indicating a need for supervision;  or
(2)  delinquent conduct other than conduct that constitutes:
(A)  a felony of the first, second, or third degree, an aggravated controlled substance felony, or a
capital felony;  or
(B)  a state jail felony or misdemeanor involving violence to a person or the use or possession of a
firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or a
prohibited weapon, as described by Section 46.05, Penal Code.
(b)  Each juvenile board in the county in which a first offender program is established shall
designate one or more law enforcement officers and agencies, which may be law enforcement
agencies, to process a child under the first offender program.
(c)  The disposition of a child under the first offender program may not take place until guidelines
for the disposition have been adopted by the juvenile board of the county in which the disposition
is made as required by Section 52.032.
(d)  A law enforcement officer taking a child into custody may refer the child to the law
enforcement officer or agency designated under Subsection (b) for disposition under the first
offender program and not refer the child to juvenile court only if:
(1)  the child has not previously been adjudicated as having engaged in delinquent conduct;
(2)  the referral complies with guidelines for disposition under Subsection (c);  and
(3)  the officer reports in writing the referral to the agency, identifying the child and specifying
the grounds for taking the child into custody.
(e)  A child referred for disposition under the first offender program may not be detained in law
enforcement custody.
(f)  The parent, guardian, or other custodian of the child must receive notice that the child has
been referred for disposition under the first offender program.  The notice must:
(1)  state the grounds for taking the child into custody;
(2)  identify the law enforcement officer or agency to which the child was referred;
(3)  briefly describe the nature of the program;  and
(4)  state that the child's failure to complete the program will result in the child being referred to
the juvenile court.
(g)  The child and the parent, guardian, or other custodian of the child must consent to
participation by the child in the first offender program.
(h)  Disposition under a first offender program may include:
(1)  voluntary restitution by the child or the parent, guardian, or other custodian of the child to
the victim of the conduct of the child;
(2)  voluntary community service restitution by the child;
(3)  educational, vocational training, counseling, or other rehabilitative services;  and
(4)  periodic reporting by the child to the law enforcement officer or agency to which the child has
been referred.
(i)  The case of a child who successfully completes the first offender program is closed and may not
be referred to juvenile court, unless the child is taken into custody under circumstances described
by Subsection (j)(3).
(j)  The case of a child referred for disposition under the first offender program shall be referred to
juvenile court if:
(1)  the child fails to complete the program;
(2)  the child or the parent, guardian, or other custodian of the child terminates the child's
participation in the program before the child completes it;  or
(3)  the child completes the program but is taken into custody under Section 52.01 before the 90th
day after the date the
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