Chapter 22 Juvenile Procedures PDF

CHAPTER 22 – JUVENILE PROCEDURES REV. NOVEMBER 30, 2012 22.01 DEFINITIONS A. Child - a person who is at least ten (10) years of age and under seventeen (17). B. Delinquent Conduct - Conduct other than a traffic offense, which violates a penal law of this State punishable by imprisonmen...

CHAPTER 22 – JUVENILE PROCEDURES REV. NOVEMBER 30, 2012 22.01 DEFINITIONS A. Child - a person who is at least ten (10) years of age and under seventeen (17). B. Delinquent Conduct - Conduct other than a traffic offense, which violates a penal law of this State punishable by imprisonment or by confinement in jail. (Felony or Class A or B Misdemeanor) or violation of a reasonable and lawful order of a Juvenile Court. C. Conduct indicating a need for supervision (specific offense must be shown) –Conduct other than a traffic offense that on three (3) or more occasions violates: 1. Penal laws of this State of the grade of a misdemeanor punishable by fine only (Class C); or 2. The penal ordinances of any political subdivision of the State. D. Truancy - The unexcused voluntary absence of a child from school. E. Runaway - Voluntary absence of a child from his home without the consent of his parent or guardian for a substantial length of time or without intent to return. 22.02 TAKING INTO CUSTODY A. An officer may take a child into custody: 1. Pursuant to an order of the Juvenile Court. 2. Pursuant to the laws of arrest; or 3. If there are reasonable grounds to believe that the child has engaged in delinquent conduct or conduct indicating a need for supervision. B. An officer cannot take a child into custody for violation of probation. If arrest is requested by a probation officer, officers shall require the probation officer to specify the charge distinct from violation of probation. C. Any child arrested must be charged with a specific offense other than the general charge of delinquent conduct or conduct indicating a need for supervision. D. No child under the age of ten (10) may be held criminally responsible. Offenders under the age of ten (10) shall be released to their parents. If parents or persons responsible for the child cannot be located, officers shall contact the Criminal Investigation Division or the Division of Human Resources. Offense reports shall be completed and forwarded to the Criminal Investigations Division. The parents of the offender may be civilly responsible for acts committed by children under the age of ten (10). Effective date April 30, 2014 232 22.03 HANDLING JUVENILES WHO DO NOT QUALIFY FOR BOOKING A. Field Release 1. An officer may release a child to his parents, guardian, custodian or responsible adult if: a. The child does not need counseling. b. The child is not likely to return to delinquent behavior; or c. The offense is of a minor nature: runaway, truancy, curfew, Class C theft, fighting, etc. 2. The officer will complete an offense report and forward a copy to the Juvenile Detention Center. B. Detention Procedures 1. A child taken into custody and not released with a warning will be: a. Taken to the Bexar County Juvenile Detention Center, or b. An approved shelter in accordance with Subsection 22.05 of this CHAPTER, or c. Taken to the Criminal Investigation Division only if the offense is of a serious nature requiring immediate follow-up investigation. 2. A child brought to the Sheriff's Office cannot be held there for more than four hours. 3. An officer taking a child into custody should promptly notify the parents of the child and tell them the reasons for taking the child into custody. If parents cannot be contacted, officers shall so inform the Juvenile Detention Center. Officers shall notify their supervisor of any juveniles arrested. 4. Supervisors will review juvenile arrests without delay to insure that the arrest is legal and that the child is taken immediately to the Juvenile Detention Center, or to the Criminal Investigation Division. 5. Reports: a. If a child is taken directly to the Juvenile Detention Center, the officer will leave a copy of the offense report at the Juvenile Detention Center. b. A report will be written and will include the disposition of the child. 22.04 THE HANDLING OF STATUS OFFENDERS A. Definitions Status Offense - for purposes of this CHAPTER, Status Offenses are runaway and truancy. Effective date April 30, 2014 233 B. Truants: During school hours, truants shall be transported to their school and released to a school official. C. Out of Town Runaways: Runaways from out-of-town shall be transported to the Juvenile Detention Center to AWAIT TRANSFER TO THEIR JURISDICTION. D. Runaway: Runaways shall be released to their parents unless, juveniles refuse to return home and there is the likelihood that they will runaway within a short period of time, or there is no responsible person present to accept custody of the child. E. Referral to an authorized shelter: Local runaways who are not released to their parents in accordance with above may be referred to authorized shelter if one is available. Information on available authorized shelters may be obtained from the Juvenile Detention Center. 22.05 FOLLOW-UP PROCEDURES A. The following will be the procedures followed when children are brought to the Sheriff's Office for follow-up investigation: 1. A follow-up investigator may bring a child to the Sheriff's Office pursuant to the criteria set out in Section 52.01, Family Code. 2. The investigator will take the child before a magistrate prior to obtaining any statements from the child. 3. The child will not be booked unless he meets the criteria set forth for incarceration. 4. The child will be kept away from any adult prisoners at all times. 5. The child cannot be kept at the Sheriff's Office for more than four hours. 6. If the child is to be charged with an offense, he will be processed in at the Juvenile Detention Center along with copies of all reports. B. Interviews with students while in school: 1. Elementary Schools (suspects, victims, and/or witnesses) - Any interview of an elementary school child requires the notification of the parent and allowance of time for the parent to arrive prior to the beginning of the interview. Regardless of whether the parent attends, the interview shall take place in the presence of a school official. Removal of the child should be restricted to the most serious cases and only after the parent is advised in advance of the removal. The principal or designated representative shall be advised before the student is removed. 2. Junior High and Senior High Schools: a. Felony suspects - The parent of the child will be contacted by the officer and advised. In most cases, the child will be removed and brought to the office for interview. Regardless of whether the parent attends, the interview shall take place in the presence of a school Effective date April 30, 2014 234  official. The parent will be given the name of the investigator and where to call for further information. b. Lesser offenses, victims and witnesses - The parent will be contacted by the interviewing officer and advised that the child is to be interviewed. The interview will be conducted in the presence of the parent or school official except in cases of sexual abuse, physical abuse, etc., or when the child declines to be interviewed in the presence of a parent or school official. The officer should resolve the case without removing the child from the school whenever possible. Effective date April 30, 2014 235