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

child completes the program for conduct other than the conduct for which the
child was referred to the first offender program.
(k)  A statement made by a child to a person giving advice or supervision or
participating in the first offender program may not be used against the child in
any proceeding under this title or any criminal proceeding.
(l)  The law enforcement agency must report to the juvenile board in December of
each year the following:
(1)  the last known address of the child, including the census tract;
(2)  the gender and ethnicity of the child referred to the program;  and
(3)  the offense committed by the child.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 19, eff. Jan. 1, 1996.  Amended by
Acts 1999, 76th Leg., ch. 48, Sec. 2, eff. Sept. 1, 1999.
Sec. 52.032.  INFORMAL DISPOSITION GUIDELINES.  The juvenile board of each
county, in cooperation with each law enforcement agency in the county, shall
adopt guidelines for the disposition of a child under Section 52.03 or 52.031.  The
guidelines adopted under this section shall not be considered mandatory.
Added by Acts 1999, 76th Leg., ch. 48, Sec. 3, eff. Sept. 1, 1999.
Sec. 52.04.  REFERRAL TO JUVENILE COURT;  NOTICE TO PARENTS.  (a)  The
following shall accompany referral of a child or a child's case to the office or official
designated by the juvenile board or be provided as quickly as possible after
referral:
(1)  all information in the possession of the person or agency making the referral
pertaining to the identity of the child and the child's address, the name and
address of the child's parent, guardian, or custodian, the names and addresses of
any witnesses, and the child's present whereabouts;
(2)  a complete statement of the circumstances of the alleged delinquent conduct
or conduct indicating a need for supervision;
(3)  when applicable, a complete statement of the circumstances of taking the
child into custody;  and
(4)  when referral is by an officer of a law-enforcement agency, a complete
statement of all prior contacts with the child by officers of that law-enforcement
agency.
(b)  The office or official designated by the juvenile board may refer the case to a
law-enforcement agency for the purpose of conducting an investigation to obtain
necessary information.
(c)  If the office of the prosecuting attorney is designated by the juvenile court to
conduct the preliminary investigation under Section 53.01, the referring entity
shall first transfer the child's case to the juvenile probation department for
statistical reporting purposes only.  On the creation of a statistical record or file for
the case, the probation department shall within three business days forward the
case to the prosecuting attorney for review under Section 53.01.
(d)  On referral of the case of a child who has not been taken into custody to the
office or official designated by the juvenile board, the office or official designated
by the juvenile board shall promptly give notice of the referral and a statement of
the reason for the referral to the child's parent, guardian, or custodian.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by
Acts 1997, 75th Leg., ch. 1091, Sec. 1, eff. June 19, 1997;  Acts 2001, 77th Leg.,
ch. 136, Sec. 1, 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1297, Sec. 16, eff.
Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 11, eff. Sept. 1, 2003.
Sec. 52.041.  REFERRAL OF CHILD TO JUVENILE COURT AFTER EXPULSION.  (a)  
A school district that expels a child shall refer the child to juvenile court in the
county in which the child resides.
(b)  The board of the school district or a person designated by the board shall
deliver a copy of the order expelling the student and any other information
required by Section 52.04 on or before the second working day after the date of the
expulsion hearing to the authorized officer of the juvenile court.
(c)  Within five working days of receipt of an expulsion notice under this section by
the office or official designated by the juvenile board, a preliminary investigation
and determination shall be conducted as required by Section 53.01.
(d)  The office or official designated by the juvenile board shall within two working
days notify the school district that expelled the child if:
(1)  a determination was made under Section 53.01 that the person referred to
juvenile court was not a child within the meaning of this title;
(2)  a determination was made that no probable cause existed to believe the child
engaged in delinquent conduct or conduct indicating a need for supervision;
(3)  no deferred prosecution or formal court proceedings have been or will be
initiated involving the child;
(4)  the court or jury finds that the child did not engage in delinquent conduct or
conduct indicating a need for supervision and the case has been dismissed with
prejudice;  or
(5)  the child was adjudicated but no disposition was or will be ordered by the court.
(e)  In any county where a juvenile justice alternative education program is
operated, no student shall be expelled without written notification by the board of
the school district or its designated agent to the juvenile board's designated
representative.  The notification shall be made not later than two business days
following the board's determination that the student is to be expelled.  Failure to
timely notify the designated representative of the juvenile board shall result in
the child's duty to continue attending the school district's educational program,
which shall be provided to that child until such time as the notification to the
juvenile board's designated representative is properly made.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 20, eff. Jan. 1, 1996.  Amended by
Acts 1997, 75th Leg., ch. 1015, Sec. 16, eff. June 19, 1997;  Acts 2001, 77th Leg.,
ch. 1297, Sec. 17, eff.
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