jjcode ch51

  1. What is the purpose of Title III Juvenile Justice Code as it relates to juvenile investigations?
    • Protection of the Public/Public Safety
    • Promote concept of punishment for acts
    • Remove TAINT OF CRIMINALITY from children committing certain unlawful acts
    • Provide treatment/training/rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct
    • Provide for the care, protection, and the wholesome moral,mental,and physical development of children
    • Protect welfare of the community and control the commission of unlawful acts by children
    • Achieve the foregoing purposes in a family environment whenever possible, separating the child from the parents ONLY when necessary for the child's welfare
    • Provide simple judicial procedures for execution and enforcement of provisions, and in which all parties are assured a fair hearing and their constitutional/legal rights are recognized and enforced
  2. Child:
    • a person who is:
    • 10 yoa or older and under 17 yoa
    • 17 yoa or older and under 18 yoa who is alleged or found to have engaged in delinquent conduct or CINS committed before becoming 17 yoa
  3. Custodian
    the adult w/whom the child resides
  4. Guardian
    the person who, under court order, is the guardian of the child or the public or private agency w/whom the child has been placed by the court
  5. Judge or juvenile court judge
    judge of a juvenile court
  6. Juvenile Court
    court designated under Section 51.04 to exercise jurisdiction over proceedings under this title
  7. Law Enforcement Officer
    Any peace officer as defined by Article 2.12 CCP
  8. Nonoffender
    • a child who:
    • is subject to jurisdiction of a court under abuse,dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of child; or
    • has been taken into custody and is being held solely for deportation out of the US
  9. Parent
    the mother or father of a child, except a parent whose parental rights have been terminated
  10. Party
    anybody involved in the proceeding
  11. Prosecuting Attorney
    Attorney who prosecutes
  12. Referral to Juvenile Court
    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 w/in the juvenile justice system
  13. Secure Correctional Facility
    • any public or private residential facility, including alcohol or other drug treatment facility that:
    • includes construction fixtures designed to physically restrict and
    • is used for the placement of any juvenile who has been adjudicated, any nonoffender, or any other convicted of a criminal offense
  14. Secure Detention Facility
    • any public or private residential facility that:
    • includes construction fixtures designed to physically restrict movements/activities and
    • 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 a criminal offense
  15. Status Offender
    • a child who is accused, adjudicated, or convicted of a CINS (conduct indicating a need for supervision) offense:
    • truancy
    • runaway
    • a finable only offense (possession of tobacco)
    • failure to attend school
    • violation of standards of student conduct
    • curfew violation
    • minor in possession of alcohol
  16. Valid court order
    a court order entered under section 54.04 concerning a child adjudicated to have engaged in a CINS offense as a status offender
  17. Delinquent Conduct
    conduct that could result in imprisonment or confinement in jail if committed by an adult
  18. C.I.N.S.
    • Conduct Indicating the Need for Supervision
    • - conduct that could result in only a fine committed by an adult.. OR

    • Truancy
    • Running Away
    • Inhaling
    • Violation of Student Code of Conduct that results in expulsion
    • Violating an "at-risk child" order
    • Conduct that violates the prostitution statute
Card Set
jjcode ch51
Juvenile Justice Code