Texas Family Code

Sec. § 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 Section 37.081 (School District Peace Officers, School Resource Officers, and Security Personnel), 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 Section 52.015 (Directive to Apprehend); 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 Section 54.01 (Detention Hearing).

(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.

(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 Section 25.085 (Compulsory School Attendance), 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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1993, 73rd Leg., ch. 115, Sec. 2, eff. May 11, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 15, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.08, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 16, eff. September 1, 2007.
Source

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Jun. 7, 2021