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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
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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
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Custodian
the adult w/whom the child resides
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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
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Judge or juvenile court judge
judge of a juvenile court
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Juvenile Court
court designated under Section 51.04 to exercise jurisdiction over proceedings under this title
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Law Enforcement Officer
Any peace officer as defined by Article 2.12 CCP
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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
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Parent
the mother or father of a child, except a parent whose parental rights have been terminated
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Party
anybody involved in the proceeding
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Prosecuting Attorney
Attorney who prosecutes
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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
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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
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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
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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
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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
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Delinquent Conduct
conduct that could result in imprisonment or confinement in jail if committed by an adult
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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
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