• Re: FAMILY CODE, TITLE 3. JUVENILE JUSTICE CODE, CHAPTER 51. GENERAL PR

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    In article <t17srt$2s1n4$64@news.freedyn.de>
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    https://statutes.capitol.texas.gov/Docs/FA/htm/FA.51.htm

    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.

    (3-a) "Dual status child" means a child who has been referred
    to the juvenile justice system and is:

    (A) in the temporary or permanent managing conservatorship of
    the Department of Family and Protective Services;

    (B) the subject of a case for which family-based safety
    services have been offered or provided by the department;

    (C) an alleged victim of abuse or neglect in an open child
    protective investigation; or

    (D) a victim in a case in which, after an investigation, the
    department concluded there was reason to believe the child was
    abused or neglected.

    (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.

    (8-a) "Nonsecure correctional facility" means a facility
    described by Section 51.126.

    (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:

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