Tex. Fam. Code Section 53.012
Review by Prosecutor

(a)

The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 (Preliminary Investigation and Determinations; Notice to Parents) for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01 (Preliminary Investigation and Determinations; Notice to Parents).

(b)

If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:

(1)

terminate all proceedings, if the reason is for lack of probable cause; or

(2)

return the referral to the juvenile probation department for further proceedings.

(c)

The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refuses to participate in a program of the department to the prosecuting attorney for review of the child’s case and determination of whether to file a petition.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.

Source: Section 53.012 — Review by Prosecutor, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­53.­htm#53.­012 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 53.012’s source at texas​.gov