Re: FAMILY CODE, TITLE 3. JUVENILE JUSTICE CODE, CHAPTER 51. GENERAL PROVISIONS

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https://statutes.capitol.texas.gov/Docs/FA/htm/FA.51.htm

FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 51. GENERAL PROVISIONS

Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall be
construed to effectuate the following public purposes:

(1) to provide for the protection of the public and public
safety;

(2) consistent with the protection of the public and public
safety:

(A) to promote the concept of punishment for criminal acts;

(B) to remove, where appropriate, the taint of criminality from
children committing certain unlawful acts; and

(C) to provide treatment, training, and rehabilitation that
emphasizes the accountability and responsibility of both the
parent and the child for the child's conduct;

(3) to provide for the care, the protection, and the wholesome
moral, mental, and physical development of children coming
within its provisions;

(4) to protect the welfare of the community and to control the
commission of unlawful acts by children;

(5) to achieve the foregoing purposes in a family environment
whenever possible, separating the child from the child's parents
only when necessary for the child's welfare or in the interest
of public safety and when a child is removed from the child's
family, to give the child the care that should be provided by
parents; and

(6) to provide a simple judicial procedure through which the
provisions of this title are executed and enforced and in which
the parties are assured a fair hearing and their constitutional
and other legal rights recognized and enforced.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 2, eff.
Jan. 1, 1996.

Sec. 51.02. DEFINITIONS. In this title:

(1) "Aggravated controlled substance felony" means an offense
under Subchapter D, Chapter 481, Health and Safety Code, that is
punishable by:

(A) a minimum term of confinement that is longer than the
minimum term of confinement for a felony of the first degree; or

(B) a maximum fine that is greater than the maximum fine for a
felony of the first degree.

(2) "Child" means a person who is:

(A) ten years of age or older and under 17 years of age; or

(B) seventeen years of age or older and under 18 years of age
who is alleged or found to have engaged in delinquent conduct or
conduct indicating a need for supervision as a result of acts
committed before becoming 17 years of age.

(3) "Custodian" means the adult with whom the child resides.

(3-a) "Dual status child" means a child who has been referred
to the juvenile justice system and is:

(A) in the temporary or permanent managing conservatorship of
the Department of Family and Protective Services;

(B) the subject of a case for which family-based safety
services have been offered or provided by the department;

(C) an alleged victim of abuse or neglect in an open child
protective investigation; or

(D) a victim in a case in which, after an investigation, the
department concluded there was reason to believe the child was
abused or neglected.

(4) "Guardian" means the person who, under court order, is the
guardian of the person of the child or the public or private
agency with whom the child has been placed by a court.

(5) "Judge" or "juvenile court judge" means the judge of a
juvenile court.

(6) "Juvenile court" means a court designated under Section
51.04 of this code to exercise jurisdiction over proceedings
under this title.

(7) "Law-enforcement officer" means a peace officer as defined
by Article 2.12, Code of Criminal Procedure.

(8) "Nonoffender" means a child who:

(A) is subject to jurisdiction of a court under abuse,
dependency, or neglect statutes under Title 5 for reasons other
than legally prohibited conduct of the child; or

(B) has been taken into custody and is being held solely for
deportation out of the United States.

(8-a) "Nonsecure correctional facility" means a facility
described by Section 51.126.

(9) "Parent" means the mother or the father of a child, but
does not include a parent whose parental rights have been
terminated.

(10) "Party" means the state, a child who is the subject of
proceedings under this subtitle, or the child's parent, spouse,
guardian, or guardian ad litem.

(11) "Prosecuting attorney" means the county attorney, district
attorney, or other attorney who regularly serves in a
prosecutory capacity in a juvenile court.

(12) "Referral to juvenile court" means the 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 within the juvenile justice system.

(13) "Secure correctional facility" means any public or private
residential facility, including an alcohol or other drug
treatment facility, that:

(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in the facility; and

(B) is used for the placement of any juvenile who has been
adjudicated as having committed an offense, any nonoffender, or
any other individual convicted of a criminal offense.

(14) "Secure detention facility" means any public or private
residential facility that:

(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in the facility; and

(B) 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 having committed a criminal offense.

(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under
state law, be a crime if committed by an adult, including: