Texas Family Code 52.01 – Taking Into Custody; Issuance of Warning Notice
(a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school district peace officer commissioned under § 37.081, Education Code, if there is probable cause to believe that the child has engaged in:
(A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state;
(B) delinquent conduct or conduct indicating a need for supervision; or
(C) conduct that violates a condition of probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court;
(5) pursuant to a directive to apprehend issued as provided by § 52.015; or
(6) by a probation officer if there is probable cause to believe that the child has violated a condition of release imposed by the juvenile court or referee under § 54.01.
(b) The taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.
Terms Used In Texas Family Code 52.01
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if:
(1) guidelines for warning disposition have been issued by the law-enforcement agency in which the officer works;
(2) the guidelines have been approved by the juvenile board of the county in which the disposition is made;
(3) the disposition is authorized by the guidelines;
(4) the warning notice identifies the child and describes the child’s alleged conduct;
(5) a copy of the warning notice is sent to the child’s parent, guardian, or custodian as soon as practicable after disposition; and
(6) a copy of the warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board.
(d) A warning notice filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary.
(e) A law-enforcement officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under § 25.085, Education Code, may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child’s compliance with compulsory school attendance requirements.