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Local
Ray H.S. student targeted in shooting

staff report
Originally published 10:52 a.m., April 28, 2008
Updated 10:52 a.m., April 28, 2008

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CORPUS CHRISTI — Corpus Christi police are looking for a white four-door Mercury in connection with a shooting late Sunday.

Six shots were fired into a home on Moravian Drive before 10:30 p.m. Police believe the bullets were intended for a Ray High School student. The victim told police that was having problems with a gang member at Ray High School.

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Post 1 April 28, 2008 at 10:59 a.m.

why are gang members allowed in school to begin with. Shouldn't there be like a gangbanger school where they can all go and shoot each other for finals and then we good citizens do not have to worry about them.
(Suggest removal)

Post 2 April 28, 2008 at 11:04 a.m.

Ray has never had control of their school. And are allowed to dress how they want. This is where ccisd needs to take control.
(Suggest removal)

Post 3 April 28, 2008 at 11:05 a.m.

Ten years ago the CCPD had the gang situation under control. We have regressed. The gangbanging and tagging are completely out of control in this community. The entire community needs to step up and take action or these two problems will be our downfall.

BB
(Suggest removal)

Post 4 April 28, 2008 at 11:07 a.m.

I live on what the city calls a collector street. I see school buses before and after school and most are empty. The only full one is the thug bus. These thugs have to wear shirts and ties at school.
Off the bus the ties hang out of their pockets and their pants are below the crotch. They learn nothing.
(Suggest removal)

Post 5 April 28, 2008 at 11:07 a.m.

Losers shooting Losers - if enough of them take each other out - hopefully there won't be any left to shoot.
(Suggest removal)

Post 6 April 28, 2008 at 11:07 a.m.

(This comment was removed by the site staff.)

Post 7 April 28, 2008 at 11:10 a.m.

I think every teen should have to go to some type of boot camp. I think they should have everything that they take for granted, taken away from them. And slowly, earn it back. They have absolutely zero respect for anything. I also think gangbangers need to be shipped to a separate place, and let them eliminate themselves. Too many individuals are inncoent bystanders that have to deal with the leftovers that these disrespectful teens leave behind.

~Dev
(Suggest removal)

Post 8 April 28, 2008 at 11:10 a.m.

.Decent honest citizens need to be protected from this gunfire.
I would say that six shots means they mean business, so what provoked them to do this dangerous thing to another citizen.
Why can't everyone just be law-abiding and get along.
Life is short enough as it is.
What will happen if the gang members are caught who did this shooting, will they get a slap on the wrist or what?

Most of us just go to work and pay our taxes and tend to our families. Maybe they don't have enough to do so they go around shooting into houses.......?
(Suggest removal)

Post 9 April 28, 2008 at 11:14 a.m.

Leave it to Corpus Christi---The city has done nothing to alleviate the gang problem we have here. I can't be at our local "mall" without fear of someone pulling out a gun. The way people dress freaks me out! Even the parents are covered in tattoos from head to toe. It makes me fearful to send my children to school here. I'm not saying that there aren't problems in other cities--we all know that's not the case--BUT Corpus Christi's gang problem is out of control compared to the population size.
(Suggest removal)

Post 10 April 28, 2008 at 11:15 a.m.

Ms. Hooks, the new education director, that Skippy hired should be handling these situations. After all, she makes well over $80,000.00 per year.

FF
(Suggest removal)

Post 11 April 28, 2008 at 11:16 a.m.

I drove down Kostoryz Road and Carroll Lane yesterday. Practically every fence, building, and utility box was tagged w/gang symbols. Frankly, it turned my stomach. The court system needs to provide some real punishment to these offenders. It is obvious these delinquents have little fear of our justice system.

BB
(Suggest removal)

Post 12 April 28, 2008 at 11:17 a.m.

What ever happened to the days when if two people had a conflict/disagreement they would just duke it out man to man. Now days it seems that these wanna be wise guys don't have the balls to handle things on their own. They are afraid to fight one-on-one. Probably because they know, they will get their butts kicked and leave them humiliated. Thats why they attack in numbers because they don't know the meaning of the word individual nor do they know what having an identity or self respect is all about!
(Suggest removal)

Post 13 April 28, 2008 at 11:18 a.m.

Post 11.....Ms. Hooks will take care of these problems. Skippy hired her for well over $80,000.00 per year.

FF
(Suggest removal)

Post 14 April 28, 2008 at 11:20 a.m.

they need to put camera's in that area to eliminate the problem and catch taggers etc.
(Suggest removal)

Post 15 April 28, 2008 at 11:25 a.m.

Forget about the boys, I think we need to start with the girls. Girls need to learn to love and respect themselves. Girls need to have goals and work towards them. Girls are the answer to all the gang problems.

Ok, let me explain. If the girls had self respect, they wouldn't want gangbanger boys. If the girls had goals, they wouldn't want gangbanger boys. All boys want girls but if the girls made it clear to them that they don't want some low life, pant hanging, graffiti punk, then maybe the boys would want to better themselves too.

You really don't hear much about homosexual gangbangers so if no girls wanted to go out with them until they straightened out their lives, then maybe something would change.

Ok, I know, it's time for my meds. lol
(Suggest removal)

Post 16 April 28, 2008 at 11:26 a.m.

Losers shooting losers. I like that analysis! We need to round up these deadbeats and send them off to I don't care where. One of them mess with me and he goes DOWN - permanently! Like underground down! I pack and I will use it. Flakes!
(Suggest removal)

Post 17 April 28, 2008 at 11:29 a.m.

Post 12, I agree with you but you said man to man that is the problem these are punks. Post 1, has the right idea. These people are not really productive members of society anyway, no loss at all.
(Suggest removal)

Post 18 April 28, 2008 at 11:32 a.m.

We need to make gulags for these types of characters and let them pound rocks in the desert sun. Bring the chain gang back for these offenders.
(Suggest removal)

Post 19 April 28, 2008 at 11:38 a.m.

For years it has been almost illegal to discipline your kids. Any thing but a time out is child abuse. Kids know this, and use it to their advantage. The problem we have with gangs isn't because alot of parents don't care, they are afraid of going to jail if discipline has to go to extreme.
(Suggest removal)

Post 20 April 28, 2008 at 11:38 a.m.

They have NO RESPECT for themselves and for others. They were not brought up to respect anything and that is why some of them live in the places they do...poor areas sometimes but I am of the belief that a poor area does not have to look like a dump. These "dumps" happen BECAUSE such people lack respect for themselves, others, and their surroudings. it means nothing for them to shot someone else and if someone shoots them their attitude is "Well, I guess my number came up." They just don't care and there is not a program on CARE 101 out there. It has to come from the home unless they have a dump for a home and a family.
(Suggest removal)

Post 21 April 28, 2008 at 11:41 a.m.

I bet these kids families, especially their moms, coddled them. They were always there defending them when they knew their kid was wrong. I've seen it so many times and so have you if you are a teacher out there.

The kid does no wrong. It's always the other kid's fault, or the teacher's fault, or the school's fault.

Bad parents.
(Suggest removal)

Post 22 April 28, 2008 at 11:43 a.m.

Yes, I think there has been a decline in our getting a grip on the gang problem. It seemed there for a while we were getting a better handle on it. What happened?

Do we need Jim Kaelin to step in? I bet he'd have this place cleaned up within a year or less. Gang members would be peeing in their baggy pants.
(Suggest removal)

Post 23 April 28, 2008 at 11:44 a.m.

Post 2
Your right! Well I wouldn’t say never had control. Ray was a good school up until Mr. Gonzalez took over and now he is out. Dr. Dorsey and Dr. Scott were great for the school. I graduated in 06 and it was at least a decent school but now it is poor. I pass by Ray everyday and I see students wearing what they want. What happened to the dress code these kids look ugly. Also the school police and administration are doing a poor job of keeping the kids in class. Pass by Ray anytime of the day and you’ll see kid crossing Staples or standing in front of the old gym. Pass by at 2:30 and you’ll see kid leaving the school. Come on I know all those kids don’t have enough credits to leave early and I doubt their even seniors. We need strict authority at Ray. Not laid back people that throw the upper class students troubles under the rug. And one more thing someone please but and tear down the apartments behind the soccer and football fields, which are infested with drugs and gangs. I’ve witness fights and drug users in those apartments. Clean up Ray and the apartments around it!
(Suggest removal)

Post 24 April 28, 2008 at 11:46 a.m.

Serilize all drop outs . . . . These losers are too lazy to work so all they do is drugs and breed more little gang bangers.
(Suggest removal)

Post 25 April 28, 2008 at 11:46 a.m.

I think we need to elect former mayor of Alice, Grace Saenz-Lopez to get this situation under control...
(Suggest removal)

Post 26 April 28, 2008 at 11:50 a.m.

These kids in school? Not all the time. They have either dropped out or they come in when they fele like it. Gang members do not see schoolng as a priority only as a place to make contact with other gang members.

I say Mrs. Hooks be in charge of gang members caught and puts them in an educational program so they can find a career and enter our work force. Isn't this her job description?

So, while I'm at it....what has she done so far in her new capacity? Anyone out there who works for her or with her know? If Skiip Noe gives us a report you know it will be glossed up.
(Suggest removal)

Post 27 April 28, 2008 at 11:51 a.m.

Pull your pants up, drop the gun and fight like a man! I think they use guns to compensate for a lack of something........

RR
(Suggest removal)

Post 28 April 28, 2008 at 11:56 a.m.

They should count all the people who live in that house and then charge them with attempted murder for each person who resides in the house that was shot. They should do this with every drive by. Make it a crime to be in a gang and like they do in someplaces, don't let them congregate in groups of no more than 3.
(Suggest removal)

Post 29 April 28, 2008 at 11:56 a.m.

I saw some punk thug kids at HEB on Kostoryz. A couple of the thug girls were wearing t-shirts when some punk's name and dates. I asked one of the girls why they were wearing those t-shirts. She said it was one of their "homeboys" that got killed and they all got matching t-shirts. Seriously, she used the word "homeboys". I asked her how he got killed (acting sympathetic but just really being nosey), she said he got in a fight with his ex-girlfriend's brother and the brother shot him. I looked at the dates on the t-shirt and realized the boy was just 16. They were glorifying him and who knows, there will probably be retaliation against the shooter. Then we will see some more thug girls with the shooter's name and dates and the saga continues.
(Suggest removal)

Post 30 April 28, 2008 at 11:58 a.m.

2 and 23, you are right.

Ray lost it's luster some time ago. I, too, witnessed a decline when Mr. Steve Gonzalez was the principal. He was very nice and a "good ole boy" with everyone but the school AND the scores took a dramatic decline under his watch. No one wants to admit this because they liked him so much but such people become/became part of the Ray HS problem.

Oh, guess who took care of the discipline at Ray HS while Mr. Gonzalez was principal? MR. GONZALEZ. I rest my case.
(Suggest removal)

Post 31 April 28, 2008 at 12:06 p.m.

lets hope they don't educated like post 24
(Suggest removal)

Post 32 April 28, 2008 at 12:07 p.m.

CRAZY!!!! I heard about 2 5th graders at Luther Jones with a gun and one kid had the bullets!!!! I haven't heard it on the news...I know one of the parents whose child attends the school. What is wrong with these kids!!!!!!!!
(Suggest removal)

Post 33 April 28, 2008 at 12:13 p.m.

I think drug money is what supports most of the gangs and you don't need a high school education to sell drugs. They all know that. And school is just like lost money, because it is a little harder to sell when you're sitting in class. Without all the drug money, they'll have to find jobs and to find jobs they'll have to get an education.... so number one, we need to get a grip on the drug problem, which is the hardest thing to do.
(Suggest removal)

Post 34 April 28, 2008 at 12:18 p.m.

Voc classes are a part of the solution.

Kids do not respect what they can never achieve...
(Suggest removal)

Post 35 April 28, 2008 at 12:24 p.m.

When I'm president I will institute a day where all gang bangers are allowed to kill eachother without repercussions. As long as the fill out the proper paper work. Of course.

If you have a beef for an opposing gang, simply stroll down to city hall, fill out the proper paper work and wait for , or I don't... Say April 20th to come round and problems will take care of themselves.

If you hurt or kill innocents (Non affliated) then you will be dealt with on the spot.

If you can not find your target, sorry holmes you gotta wait till next year.
(Suggest removal)

Post 36 April 28, 2008 at 12:28 p.m.

this event did not happen at ray hs, it just involves a ray hs student........much ado about nothing if you ask me....just typical gangbanging......this isnt a ray hs problem it is a corpus problem and until the ccpd gets control then you will see more drugs, graffitti and 14 year old getting killed when they should be in school.
(Suggest removal)

Post 37 April 28, 2008 at 12:36 p.m.

PARENTS.....PARENTS.....PARENTS CALLING ALL RESPONISIBLE PARENTS.... NO ANSWER.
(Suggest removal)

Post 38 April 28, 2008 at 12:37 p.m.

36...it is a Ray HS problem. Don't think for one minute that kid keeps his problem within his home. He brings it to school, he brings it home, and takes it back to school. Anywhere in-between is still afflicted.

I bet the teachers at Ray HS would disagree with you.
(Suggest removal)

Post 39 April 28, 2008 at 12:39 p.m.

Where is the "Sad times, bro" person?
(Suggest removal)

Post 40 April 28, 2008 at 12:51 p.m.

Post 39
OMG, don't be so stupid and draw this idiot out.
(Suggest removal)

Post 41 April 28, 2008 at 12:59 p.m.

Post 29: I am so glad I am not the only one who feels this way.

I live in a very nice apartment complex in Downtown, last night I was awakened at 3 am by slamming doors and shouting. I put on my robe and went outside into the hallway. This guy walks towards me, he looks exactly like the kid I caught breaking into my car last year. Shaved head, undershirt, and khakis down so I can see his underwear. He tells me that his "Homeboy" was freaking out, that’s what the noise was. I was mildly afraid in my own apartment, I checked to make sure the door was locked three times after I went back inside. I don't know anything about him, but at 3am he represented himself as a scary thug.
(Suggest removal)

Post 42 April 28, 2008 at 1:04 p.m.

My sons graduated from Ray about 10, and 12 years ago. Ray was still a good school. My sons graduated and are not thugs, nor gangers..they are decent, went on to college and are now law abiding citizens that contribute to CC with good jobs and good families. Then again, neither of us have ugly tatoos on our bodies, we respect others and others properties..and we do not do graffetti to claim our "territory"..we pay taxes for them..All the posts are stating the same feeling, we have a big problem with these people. The have no respect for nothing, only their homies..please!! What can be done? Well, nothing is being done and it is a shame, they are like roaches, just mulitplying and infesting the city..they are spreading everywhere..not just the "other side of town." Help, we do need it. Yes, do drive by Ray, that I myself have seen, about 3:30 or 4 p....they do not respect the crossing lines..perhaps they do not know how to read or follow instructions, but they come out of everywhere..and take their sweet time crossing, or maybe they have to walk slowlyyyyy..because they will lose their pants. Never thought of that...maybe? The parents DO have alot to do with their kids, or are they Biopolar? dressing the right way going to school and change personalities at school I just do not understand and this is our future population, where are we headed to? God protect us all. But the laws have done more damage than good, with the child abuse laws that you cannot repremend your kids for wrong doing. It is a shame. The respect your parents idea went out the window long ago, along with good morals, as with the cheap gas price..that is a thing of the past.. Help us all...
(Suggest removal)

Post 43 April 28, 2008 at 1:04 p.m.

Post 5 and 37: You got that right!!
(Suggest removal)

Post 44 April 28, 2008 at 1:07 p.m.

(This comment was removed by the site staff.)

Post 45 April 28, 2008 at 1:08 p.m.

#37.....

Please don't bother me right now! I am busy being a Sr. Homeboy while the school watches my homeboy jr.

I'm too busy smoking a joint & snorting some cocaine! I've got tons of chores to do today including getting some more ammunition, stopping in for some spray paint, buying some Ziplock baggies to bag up the dope so Jr can sell to all (his) homeboys and if I have any money left over, I might head on over to the tattoo parlor to complete my full body tattoo! So don't bother me. I'm a parent of a homeboy and PROUD OF IT! ....(sarcasm)

My son came home they other day and said....."I'm so gansta, I don't have any pants!" lol

His pants were around his ankles when he did this. I laughed, because that is what the good kids think of gangs. lol

(for those of you that don't get it) we are talking about those pathetic pants they wear below their buttocks.! It's the most ridiculous thing I have ever seen. And it's funny to watch them walk trying to keep them from falling off!
(Suggest removal)

Post 46 April 28, 2008 at 1:15 p.m.

I KEEP REMEMBERING THE BABY IN THE BACK SEAT WHEN THE MOM'S BOYFRIEND GOT SHOT OVER ON GREENWOOD NOT TOO LONG AGO.......FUTURE GANGBANGER!!!!!!
(Suggest removal)

Post 47 April 28, 2008 at 1:31 p.m.

Kids these days..eh? Again, we all know it begins at home. The problem is, is that most of the parents are single parent families and the moms (if decent respectable citizens) are trying their best to raise their family. If not, there is no father figure present and the moms are out at all hours of the night in bars, trying to find a new daddy so of course, the kids that should be home doing homework and getting themselves to bed are out running around and causing trouble. Most of these kids that are in gangs and tagging, shooting, and acting a fool do it because no one else in their life cares about them. They feel like they are so macho and can call the shots of their own life and no one's going to tell them what they have to do or don't do. If one of these little boys was actually confronted face to face with someone not afraid to beat the living crap out of him, he would revert back to that little boy he is, cry for his mama and run away trying to hold his pants up! Sometimes, I see these thugs j-walking and taking their sweet ass time trying to cross the street and they can barely move because with every step they have to hold their crotch so their pants don't fall down. Just once I wish one of them would trip and I could scare him by revving my engine as though I would run him over! Just once.....
(Suggest removal)

Post 48 April 28, 2008 at 1:33 p.m.

Have you ever noticed how the thug has to walk with his legs spread apart so the pants don't fall down?
(Suggest removal)

Post 49 April 28, 2008 at 1:38 p.m.

Yes I have, and it is PATHETIC! lol!
(Suggest removal)

Post 50 April 28, 2008 at 1:48 p.m.

Parents are to blame, but so is the government. The loss of respect in schools started in the 60's when prayer was taken out of school. I don't care what anyone says, kids need to know there is Someone in charge and they will answer for their deeds. Just my opinion.
(Suggest removal)

Post 51 April 28, 2008 at 2:04 p.m.

makes me glad that i wasn't rasied in corpus christi...this town is a joke..the only place i would school my children would be the calallen or gregory portland area...the rest of this is just trashy violence...and the ccpd doesnt even care..they're too busy busting up some party way out in the middle of no where to be on the scene when some poor kid's house gets shot up..its a joke..the best i can hope for is that people learn how to vote for the right people
(Suggest removal)

Post 52 April 28, 2008 at 2:08 p.m.

POST 50, 19, 20 absolutely correct.

Respect for adult and each other is lost. When I was growing up my dad and mom got the belt and i got whipped if i did something bad which i "occationally did"(maybe talk back). Carry a gun? no Have a knife? no Cruise around town? get real. we had bikes and played outside no Xbox Wii nothing like that. Kept me and my friends in line and we had to go to church regardless. The friends who's parents always worked or were never there for them, are the ones who decided to start smoking weed and drinking and stealing. I aint saying they all went wrong but the majority had no discipline and some are still struggling. MOM & DAD they are your kids. You have to choose between making the big bucks or being there for your kids. I'd choose my kids everytime even if i have to struggle to make ends meet.
(Suggest removal)

Post 53 April 28, 2008 at 2:13 p.m.

Post 24!

I agree with you! STERILIZE these punks so they do not multiply. Male and female! STERILIZE!
(Suggest removal)

Post 54 April 28, 2008 at 2:14 p.m.

It's time to bring back the paddle!!! I know it scared that crap out of me when I was in High School.
(Suggest removal)

Post 55 April 28, 2008 at 2:15 p.m.

Accountability, thats the word not practiced here. Why? because every governmental agency wants to tell parents how to raise their kids. Kids are not held accountable for mouthing off at their teachers, principals, elders etc. Once upon a time I remember my mother going off with a back hand across my big mouth when I disrespected people just because I thought I could. Im not that old, Im in my 30's and let me tell you I would give anything for all the punks to have my mother growing up. Even now, my mom is discipline first with the grandkids. They know better than to break rules and disrespect in her house. I have two nieces and one nephew that are school aged and let me tell you, they know exactly what the consequences are going to be if they choose to lose their minds and start acting like these little thugs. I tell them all the time, "you want to act like an idiot thug, then you'll get sent to the same place all idiot thugs get sent, JAIL/PRISON to live among the other idiots." They know that we love them and we do not hesitate to give them love and attention rewards when they do well but they also know that when you start acting like a fool, your gonna get what comes with it. Accountability. parents we're not telling you to stop caring or standing by your child but when you know they are a big part of the problem or are the big problem stop putting the blame on others. Stand by them but dont take the punishment away. They have to know what consequences are to their actions. They cant go through life thinking "Oh my mom will take care of it, all she has to do is go to the school, etc start yelling and cursing and dropping names and then things will be better, I can come back to school with the same attitude that gets me in trouble and if they want to start with me, Ill just tell my mom". Sound familiar. I have worked in different areas and depts and know that this is exactly what happens. I see it all the time. No conflict resolution skills so they want to try to win the argument with an argument. Then what do the kids learn? Aggression, the only form of conflict resolution they know. They use it why? Because its learned and they know most people will try their hardest to avoid parents like this so they do and say things to give them there way and show them lack of what? Accountability. How does the gov't way in? Every form of discipline is child abuse. Then they teach this to the kids and the kids use it against their parents, parents are afraid to discipline for fear of getting in trouble and losing their kids. All understandable. And we wonder why we can take control. Peace be with eveyone.
(Suggest removal)

Post 56 April 28, 2008 at 2:19 p.m.

Post 45...so very true.

I wish "these" gangers would read what we all think of them. I think this Ray HS kid and his parents should be made to read all our comments so they know what we really think of them and all who are like them. We are not happy campers.
(Suggest removal)

Post 57 April 28, 2008 at 2:27 p.m.

Ray HS is trying very hard to get it together by getting out of that low performing label. The school went down hill because the people at the helm let it go down. It went down performance wise because they did not oversee what was going on or not going on in the classrooms regarding real teaching. Some teachers got lax because that is what was modeled for them by the administrators on that campus.

Part of Ray's problem is the gang problem they have on campus. Imagine trying to teach these thugs...when they do come to class.
(Suggest removal)

Post 58 April 28, 2008 at 2:41 p.m.

I think Ray High School has a work/study program. They need to hire a 16 year old that lifts weights, rides bulls and hits like a mule, to walk the hallways with a half - grin, half smirk.
(Suggest removal)

Post 59 April 28, 2008 at 2:47 p.m.

Listen, before everyone gets all upset. Remember, these are just kids. Haven't you ever done anything mischievous when you were a kid. You never stayed out later that what your parents told you to. You never talked back to your parents. Everyone has done something mischievous in their lives, and if you say that you haven't , then you are lying. I don't think these kids need boot camp or harsh punishment like you all are suggesting. Maybe they are just yearning for someone to listen, respect, and pay attention to them. I think that with support, these so called gangbangers could make model citizens in our community. Also, don't blame the parents, because with the way our economy is today, both parents have to work to make ends meet, so they can't give their kids their complete divided attention that these children yearn for. It is not the kids fault, nor is it the parent's fault. And yes before you say it, I am a liberal.
(Suggest removal)

Post 60 April 28, 2008 at 2:57 p.m.

Post 59...you only want to stir things up with the comments already expressed here. You have written some of the very same things on another topic at another time. I recognize your words.

Sounds like you can eradicate the gang problem. Go to it. I think we will try just about anything to get this issue resolved so the rest of us can live safe lives.

Trading places? Maybe you should consider living wtih a ganger family. I bet you will change your tune real fast.
(Suggest removal)

Post 61 April 28, 2008 at 3:08 p.m.

Mandatory military service - minimum 2 years if you're not in school...2 summers if you are. And the service is NOT teaching thugs how to be better thugs - it's community service and brush clearing and house building, etc. After two years, the thugs will become obvious - and they won't be allowed to join the actual service, or be trained in warfare. I understand the flaws and possible misuse or abuse of authority, BUT something has to be done !
(Suggest removal)

Post 62 April 28, 2008 at 3:11 p.m.

Good golly 59, I'm consider myself a liberal too, but what are you thinking. Children aren't raised in a vacuum. Of course the parents have created what these bangers are. If you're not married, don't unzip your pants or spread your legs. If you do have a baby, do all the hard work it takes to raise a child. Don't park them in front of a TV because you're tired. For God's sake, don't smoke weed or crack because it makes you feel better. Word hard, pull yourself up and make damn sure your child goes on to a better life than you have.
(Suggest removal)

Post 63 April 28, 2008 at 3:11 p.m.

Post 59, seems like you want to put the blame on the government only. Although they are to blame for a few things but it all starts at home. Both parents having to work is no excuse, both my parents worked allot but I came out fine because of the values they taught me.
(Suggest removal)

Post 64 April 28, 2008 at 3:21 p.m.

POST 59: Seriously! Seriously??? Wow..."just kids!" So was the guy who shot up Virginia Tech, just a kid? Is that how you would justify what he did? Should he get just a slap on the wrist as well? Try telling that to the families of those who lost their life because of some kid. It does related because a 'gang banger' can do just as much damage as this guy did.

Yes, they are kids but it's far past the point of just wanting someone to listen and pay attention. Discipline and jail time needs to be served, it is ridiculous now. It is really sad when you can't walk around on a school campus without fearing for you life! I attend Texas A&M Kingsville and whether it is a university or high school nowadays it is so bad that you have to watch your back everywhere you go. I have been on the Ray H.S. campus and NO I did not feel safe at all! I saw students in the hallways when class was in session and students out of dress code. One student was out in the hall arguing with a teacher using foul language and yelling. I'm sorry but it is way past the point of just sitting with them and listening.

As far as it not being the parents fault, you're crazy! It all starts at the home! Yes people need to earn a living and pay bills I understand that. However, my mother is a single working mother *full time* who has 2 kids who were never in trouble with the law, respected their authority figures whether it be in school, work or at home, we graduated top of our class and are now both in college. Why is it so hard for these families that have BOTH parents to keep track of their kids? It is just lack of responsibilty on their part!
(Suggest removal)

Post 65 April 28, 2008 at 3:26 p.m.

Post 59 is right. These kids need the love from our Corpus Christi "village." Hope and Change will make them productive citizens. The city should start some more programs to help them like firearm safety, skeet/trap shooting, and target shooting. We already have the grafitti program (Wow! What an idea!) Only through these positive programs will their attitudes become positive and they can be transformed into productive community members. We need to start by loving them.
(Suggest removal)

Post 66 April 28, 2008 at 3:36 p.m.

post 59 WAKE UP AND SMELL THE YEAR 2008. EVERYONE WANTS SOMETHING AND WANTS IT NOW. GANGBANGERS WILL GET IT ONE WAY OR ANOTHER. PARENTS FORGET IT, UNLESS YOU GUIDED YOUR CHILDREN IN THE RIGHT DIRECTION WHEN THEY WERE STILL YOUNG AND WANTING TO BE A GOOD GUY/GIRL ,,,FORGET IT. THEY WILL NOT LISTEN AFTER THEY HAVE GOTTEN A TASTE OF FREEDOM TO DO WHATERVER THEY WANT AND WHENEVER THEY WANT IT, AND GOTTEN AWAY WITH IT. THEY WILL DO IT AGAIN AND AGAIN AND NO ONE CAN DO ANYTHING TO STOP THEM UNTIL JAIL OR DEATH. THAT IS WHY CHILDREN NEED ATTENTION WHEN THEY ARE BORN UNTIL THEY BECOME ADULTS AND ON THEIR OWN.
(Suggest removal)

Post 67 April 28, 2008 at 3:47 p.m.

Post 64 you're right. Once you have kids its no longer about you. You do what you have to do to ensure their safety, education, etc. Once they are grown or off to college then I understand. Researchs hows that we are extending our life expectancy, so there will be plenty of time for YOU later. That or take care of yourself before you have kids until later in life. One way or another, take responsibility and don't make all of society pay for your mistakes.
(Suggest removal)

Post 68 April 28, 2008 at 4:31 p.m.

WHAT! Coddle them even more? Your kidding. These kids know the difference between right and wrong, they just don't care. It is apathy! So how do we make them care?

~Dev
(Suggest removal)

Post 69 April 28, 2008 at 4:33 p.m.

Here I am post 39.

Sad Times Bro......Sad Times

Happy Now?
(Suggest removal)

Post 70 April 28, 2008 at 4:36 p.m.

Its our fault as parents. I know people have to make a living but my dad worked and mom stayed home to raise us. We all sacrificed but it payed of. We cant keep blaming society, the economy, president bush and everyone else. I raise my kids and if i do a bad job its my fault. I am to blame.
(Suggest removal)

Post 71 April 28, 2008 at 4:41 p.m.

Post 59: Gotta say....that's the stupidest thing I seen posted in a long time. "Just kids"? Yeah, I did some stupid things as a child...none of them involved pumping bullets into somebody's house. Maybe you're home could be a half-way house for these "mischievous" youth?
(Suggest removal)

Post 72 April 28, 2008 at 7:48 p.m.

May somebody share information of King High School?
My daughter will be atttending King this coming year and I want
to know any information to prepare me for what is to come.
I have a set date for a meeting with the principal in a week to walk the campus but I am scared! I hope this school is a safe school.
All the comments on Ray High School are very sad.
Thank you everyone.
(Suggest removal)

Post 73 April 28, 2008 at 8:11 p.m.

We need to take back the streets. Whenever one of our kids is harrased in school by a punk,loser gangmember, then we as parents need to gather together and hunt these punks down who beat, shot, stabbed or jumped our kid and eliminate them from this earth. The police can only do so much and it's not their fault that these losers are roaming the streets. We as parents want the best for our kids and so we need to protect them. We outnumber these loser punks and I guarantee they will think twice about beating up on our kids when they start to see many of their gang friends disappearing and being found later in a shallow grave in some ranch. That's when we say," That's a shame". :)
(Suggest removal)

Post 74 April 28, 2008 at 8:21 p.m.

King High School has its problems too. It is VERY crowded.
Ray H.S. isn't any worse than any other H.S. in the district. Each of them has their fair share of students who have no problems cussing out a teacher. Each and every single school has a number of gang members as part of their student body. No school is immune to it.
(Suggest removal)

Post 75 April 28, 2008 at 9:14 p.m.

What is there at school except drilling for the stupid TAKS test? The schools are forced to drill students to test a really low level of learning. It's boring and when they are bored they are going to create their own curriculum. Our education system no longer exists. It is all about accountability and the politicians are running the show rather than the educators. Let the educators make decisions about the schools and not the politicians. We are not turning out any critical thinkers.
(Suggest removal)

Post 76 April 28, 2008 at 10:09 p.m.

Well said 75! The TAKS is scaring off teachers.
(Suggest removal)

Post 77 April 28, 2008 at 10:22 p.m.

I bet I ruined post 40's day with post 69.

Singed,
The Sad Times Bro imposter.
(Suggest removal)

Post 78 April 28, 2008 at 10:54 p.m.

Post 77:

Nah...nobody's really paying any attention to you anymore...it got old and boring.
(Suggest removal)

Post 79 April 28, 2008 at 11:04 p.m.

Post 72: Each local public high school is equally affected by gangs. Don't think for one minute that King does not harbor gangers. I will say that I feel that the school district understands the problems in the high schools. It's just so colossal to address. I think each campus works hard to address these type of issues.

You just have to make sure that you are involved in your child's school. Make sure that you already have good communication with your child so she/her will not be afraid to tell you anthing that happens at school or at other places he/she hangs out.

If your child is a strong student, he/she will at least be in some good classes where the teachers teach and the kids want to learn. You just want to make sure that your child tells you at the beginning of the school year about how the classes are going. If you feel your child will do better in another class because of the discipline then I suggest you address the issue with the principal.

Don't be afraid. If you are afraid then your child will also be afraid. You must be strong. GET A GRIP. Know that this can make your child a more mature and stronger student. In 4 years your child will be in college and more independent. You want your child ready to face such independence so what happens in high school will only help him/her address a totally new environment
(Suggest removal)

Post 80 April 29, 2008 at 12:21 a.m.

Those bullets didn't slam into innocent parties and no paybacks at school, k? This week is TAKS tests - very very very important for everything to be cool. My kid is still on the phone and almost grounded for ignoring me. So I have time to wish to the parents that your kids have good luck on the TAKS.
(Suggest removal)

Post 81 April 29, 2008 at 12:46 a.m.

If you are moving to the Corpus area, and want you're daughter/son attending a good school ditrict, I would recommend GPISD. If you are tired of the traffic congestion on the southside, or the over flowing population of king and carroll, move to Portland and attend a non-crowded really good academic school.(GP High)
Their new HS has a capacity of 2400 students, and they only have about 1400 right now, so we have plently of room for more students who want to leave the poor performing CCISD schools, and who would like to move to a nice safe town!
(Suggest removal)

Post 82 April 29, 2008 at 3:08 a.m.

I am VERY concerned about the young woman that had this happen to her. I am shocked that her mother would allow her go on TV, show her face, and tell her story. Her own mother would not allow her face to be shown on TV. CCPD has taken over this case, and I would strongly advise that this young girl hide somewhere to stay safe. According to the news last night a CCPD Det. stated an arrest(s) would be made soon.
(Suggest removal)

Post 83 April 29, 2008 at 6:20 a.m.

Parental discipline - Oh - like the guy who shot his son over a flat tire with a grandchild on the premise... that'll teach that grandbaby not to mess with grandpa... This problem is multi generational...
(Suggest removal)

Post 84 April 29, 2008 at 6:40 a.m.

Make the parents responsible for their children’s actions.
Chain gangs painting fences, parents and kids.

Take control or be a victim.

I keep my CHL up to date and I practice weekly. I can hit a paint can at 50 yards 5 out of six rapid fire. :-)

Don’t forget to spay and neuter your gang bangers.
(Suggest removal)

Post 85 April 29, 2008 at 8:15 a.m.

Thank you post 79. Your input is appreciated.
(Suggest removal)

Post 86 April 29, 2008 at 9:19 a.m.

I agree with Post 82--I found it really odd that even the media would let this child show her face on TV knowing she's the target of several bullets. This is serious. If I were her, I'd beg to be sent to school elsewhere in another city. I also found it odd that she didn't look fearful at all and was talking so openly about what happened. I don't think she's being very smart about it at all. Many of these kids today will do anything to get attention and look tough.
(Suggest removal)

Post 87 April 29, 2008 at 9:25 a.m.

Well i do agree with alot of your comments,i agree that it has a lot to do with Ray H.S. why did it have to escalate to this? But are we also forgetting where are the cops...Serve and protect???? Why havent they done anything about this? Why hasnt anyone been arrested? I hear they have the license plate of the car the BOY was driving the night of the shooting,I guess this will be put under the pile of paperwork they have...But when one of the kids die then it will be a big deal..I believe the principals just turned the other cheek on this problem,I just want to know how they will sleep at night when the shooting happens at the school and innocent children are shot,because you are right problems at home follow you to school and vicea versa.. We need to get rid of these DUMB GANGS... FOLLOWERS FOLLOWERS FOLLOWERS...gangs are nothing but dumb followers...We need to teach our children to be LEADERS.

D.G.
(Suggest removal)

Post 88 April 29, 2008 at 10:14 a.m.

The CCPD officers are too busy at the athletic club picking up other mens wives, when the men are at work. Besides the CCPD are just thugs with badges themselves, have you seen the news lately. The CCPD are in the area news concerning their own illegal ways more than the area gangbangers. Pleas our Police department is a joke.
(Suggest removal)

Post 89 April 29, 2008 at 10:59 a.m.

So now when its time for school a parent would address their kid:
"Okay honey, have a good time in school today, listen to the teacher and study hard." "Oh and just in case of haterz, theirs some extra hollow points on the kitchen counter."

Seriously, as adults, WE need to get more involved in our kid's lives folks. Know what's going on with your kid.

Sad Times Bro...Sad Times...

Yeah

T Dub J
(Suggest removal)

Post 90 April 29, 2008 at 11:27 a.m.

the girl on the news last night looked like a little thug herself.
(Suggest removal)

Post 91 April 29, 2008 at 4:52 p.m.

post 90--She looked totally ghetto--BIG TIME.
(Suggest removal)
~~~~~~~~~~~~~~~~~~~~~~~~~~~

This a little girl. It is no wonder CCISD cares about prosecuting instead of
educating. Then all you anons ready, willing and able to jump on the bandwagon.
Why when CCISD prosecutes parents and their children for absentia because stalking and harassment it makes y'all notice?
are crimes beneficial financially.

§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the

FAMILY CODE

TITLE 3. JUVENILE JUSTICE CODE

CHAPTER 51. GENERAL PROVISIONS



§ 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, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 2, eff. Jan. 1, 1996.


§ 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.
(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.
(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:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section
51.03(b)(3);
(C) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(D) failure to attend school under Section
25.094, Education Code;
(E) a violation of standards of student conduct
as described by Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or
order;
(G) a violation of a provision of the Alcoholic
Beverage Code applicable to minors only; or
(H) a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for conduct for
which the person convicted may be sentenced to imprisonment or
confinement in jail; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
(17) "Valid court order" means a court order entered
under Section 54.04 concerning a child adjudicated to have engaged
in conduct indicating a need for supervision as a status offender.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2152, ch. 693, § 1, eff.
Sept. 1, 1975; Acts 1995, 74th Leg., ch. 262, § 3, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.06, 30.182, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 822, § 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 13, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1086, § 41, 47, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 821, § 2.02, eff. June 14, 2001; Acts 2001,
77th Leg., ch. 1297, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, § 1, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 1, eff. September 1, 2005.


§ 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED
FOR SUPERVISION. (a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court
under circumstances that would constitute contempt of that court
in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code; or
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305.
(c) Nothing in this title prevents criminal proceedings
against a child for perjury.
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show
by a preponderance of the evidence that the absence has been or
should be excused or that the absence was involuntary. A decision
by the court to excuse an absence for purposes of this subsection
does not affect the ability of the school district to determine
whether to excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), "child" does not
include a person who is married, divorced, or widowed.
(f) Except as provided by Subsection (g), conduct described
under Subsection (b)(1), other than conduct that violates Section
49.02, Penal Code, prohibiting public intoxication, does not
constitute conduct indicating a need for supervision unless the
child has been referred to the juvenile court under Section
51.08(b).
(g) In a county with a population of less than 100,000,
conduct described by Subsection (b)(1)(A) that violates Section
25.094, Education Code, is conduct indicating a need for
supervision.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, § 2 to 4, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, § 1, eff.
June 6, 1977; Acts 1987, 70th Leg., ch. 511, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 924, § 1, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 955, § 1, eff. June 19, 1987; Acts
1987, 70th Leg., ch. 1040, § 20, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 1099, § 48, eff. Sept. 1, 1987; Acts 1989, 71st
Leg., ch. 1100, § 3.02, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 1245, § 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg.,
ch. 14, § 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
16, § 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169,
§ 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, § 1,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 14.30, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, § 4, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.07, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 14, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1015, § 15, eff. June 19, 1997; Acts 1997,
75th Leg., ch. 1086, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1297, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 1514, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
137, § 11, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 3, eff. September 1,
2007.


§ 51.031. HABITUAL FELONY CONDUCT. (a) Habitual
felony conduct is conduct violating a penal law of the grade of
felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least
two previous final adjudications as having engaged in delinquent
conduct violating a penal law of the grade of felony;
(2) the second previous final adjudication is for
conduct that occurred after the date the first previous
adjudication became final; and
(3) all appeals relating to the previous adjudications
considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final
if the child is placed on probation or committed to the Texas Youth
Commission.
(c) An adjudication based on conduct that occurred before
January 1, 1996, may not be considered in a disposition made under
this section.

Added by Acts 1995, 74th Leg., ch. 262, § 5, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1086, § 2, eff. Sept. 1,
1997.


§ 51.04. JURISDICTION. (a) This title covers the
proceedings in all cases involving the delinquent conduct or
conduct indicating a need for supervision engaged in by a person who
was a child within the meaning of this title at the time the person
engaged in the conduct, and, except as provided by Subsection (h),
the juvenile court has exclusive original jurisdiction over
proceedings under this title.
(b) In each county, the county's juvenile board shall
designate one or more district, criminal district, domestic
relations, juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c) and (d) of this section.
(c) If the county court is designated as a juvenile court,
at least one other court shall be designated as the juvenile court.
A county court does not have jurisdiction of a proceeding involving
a petition approved by a grand jury under Section 53.045 of this
code.
(d) If the judge of a court designated in Subsection (b) or
(c) of this section is not an attorney licensed in this state, there
shall also be designated an alternate court, the judge of which is
an attorney licensed in this state.
(e) A designation made under Subsection (b) or (c) of this
section may be changed from time to time by the authorized boards or
judges for the convenience of the people and the welfare of
children. However, there must be at all times a juvenile court
designated for each county. It is the intent of the legislature
that in selecting a court to be the juvenile court of each county,
the selection shall be made as far as practicable so that the court
designated as the juvenile court will be one which is presided over
by a judge who has a sympathetic understanding of the problems of
child welfare and that changes in the designation of juvenile
courts be made only when the best interest of the public requires
it.
(f) If the judge of the juvenile court or any alternate
judge named under Subsection (b) or (c) is not in the county or is
otherwise unavailable, any magistrate may make a determination
under Section 53.02(f) or may conduct the detention hearing
provided for in Section 54.01.
(g) The juvenile board may appoint a referee to make
determinations under Section 53.02(f) or to conduct hearings under
this title. The referee shall be an attorney licensed to practice
law in this state and shall comply with Section 54.10. Payment of
any referee services shall be provided from county funds.
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 25.094, Education Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 1357, ch. 514, § 1, eff. June
19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, § 5 to 7, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch. 411, § 1, eff.
June 15, 1977; Acts 1987, 70th Leg., ch. 385, § 1, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 168, § 4, eff. Aug. 30, 1993;
Acts 1999, 76th Leg., ch. 232, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1297, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1514, § 12, eff. Sept. 1, 2001.


§ 51.041. JURISDICTION AFTER APPEAL. (a) The court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 17
years of age if, as a result of an appeal by the person or the state
under Chapter 56 or by the person under Article 44.47, Code of
Criminal Procedure, of an order of the court, the order is reversed
or modified and the case remanded to the court by the appellate
court.
(b) If the respondent is at least 18 years of age when the
order of remand from the appellate court is received by the juvenile
court, the juvenile court shall proceed as provided by Sections
54.02(o)-(r) for the detention of a person at least 18 years of age
in discretionary transfer proceedings. Pending retrial of the
adjudication or transfer proceeding, the juvenile court may:
(1) order the respondent released from custody;
(2) order the respondent detained in a juvenile
detention facility; or
(3) set bond and order the respondent detained in a
county adult facility if bond is not made.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.
Amended by Acts 2001, 77th Leg., ch. 1297, § 4, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 283, § 2, eff. Sept. 1, 2003.


§ 51.0411. JURISDICTION FOR TRANSFER OR RELEASE
HEARING. The court retains jurisdiction over a person, without
regard to the age of the person, who is referred to the court under
Section 54.11 for transfer to the Texas Department of Criminal
Justice or release under supervision.

Added by Acts 1997, 75th Leg., ch. 1086, § 3, eff. June 19, 1997.


§ 51.0412. JURISDICTION OVER INCOMPLETE
PROCEEDINGS. The court retains jurisdiction over a person,
without regard to the age of the person, who is a respondent in an
adjudication proceeding, a disposition proceeding, a proceeding to
modify disposition, or a motion for transfer of determinate
sentence probation to an appropriate district court if:
(1) the petition, motion to modify, or motion for
transfer was filed while the respondent was younger than 18 years of
age;
(2) the proceeding is not complete before the
respondent becomes 18 years of age; and
(3) the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 18 years of
age.

Added by Acts 2001, 77th Leg., ch. 1297, § 5, eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 4, eff. September 1,
2007.


§ 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF
THE CHILD. (a) A child who objects to the jurisdiction of the
court over the child because of the age of the child must raise the
objection at the adjudication hearing or discretionary transfer
hearing, if any.
(b) A child who does not object as provided by Subsection
(a) waives any right to object to the jurisdiction of the court
because of the age of the child at a later hearing or on appeal.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.


§ 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision
of this title requires a jury of 12 persons, that provision prevails
over any other law that limits the number of members of a jury in a
particular county court at law. The state and the defense are
entitled to the same number of peremptory challenges allowed in a
district court.

Added by Acts 1987, 70th Leg., ch. 385, § 2, eff. Sept. 1, 1987.


§ 51.05. COURT SESSIONS AND FACILITIES. (a) The
juvenile court shall be deemed in session at all times. Suitable
quarters shall be provided by the commissioners court of each
county for the hearing of cases and for the use of the judge, the
probation officer, and other employees of the court.
(b) The juvenile court and the juvenile board shall report
annually to the commissioners court on the suitability of the
quarters and facilities of the juvenile court and may make
recommendations for their improvement.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 8, eff.
Sept. 1, 1975.


§ 51.06. VENUE. (a) A proceeding under this title
shall be commenced in
(1) the county in which the alleged delinquent conduct
or conduct indicating a need for supervision occurred; or
(2) the county in which the child resides at the time
the petition is filed, but only if:
(A) the child was under probation supervision in
that county at the time of the commission of the delinquent conduct
or conduct indicating a need for supervision;
(B) it cannot be determined in which county the
delinquent conduct or conduct indicating a need for supervision
occurred; or
(C) the county in which the child resides agrees
to accept the case for prosecution, in writing, prior to the case
being sent to the county of residence for prosecution.
(b) An application for a writ of habeas corpus brought by or
on behalf of a person who has been committed to an institution under
the jurisdiction of the Texas Youth Commission and which attacks
the validity of the judgment of commitment shall be brought in the
county in which the court that entered the judgment of commitment is
located.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 1, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 7, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 488, § 1, eff. Sept. 1, 1999.


§ 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.
When a child has been found to have engaged in delinquent conduct or
conduct indicating a need for supervision under Section 54.03, the
juvenile court may transfer the case and transcripts of records and
documents to the juvenile court of the county where the child
resides for disposition of the case under Section 54.04. Consent
by the court of the county where the child resides is not required.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 3, eff. September 1, 2005.


§ 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by
Section 51.075, a juvenile court or juvenile probation department
may not engage in the practice of courtesy supervision of a child on
probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.


§ 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: INTERIM SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) When a child on probation moves or intends to move from
one county to another and intends to remain in the receiving county
for at least 60 days, the juvenile probation department of the
sending county shall request that the juvenile probation department
of the receiving county provide interim supervision of the
child. If the receiving county and the sending county are member
counties within a judicial district served by one juvenile
probation department, then a transfer of probation supervision is
not required.
(c) The juvenile probation department of the receiving
county may refuse the request to provide interim supervision only
if:
(1) the residence of the child in the receiving county
is in a residential placement facility arranged by the sending
county; or
(2) the residence of the child in the receiving county
is in a foster care placement arranged by the Department of Family
and Protective Services.
(d) The juvenile probation department of the sending county
shall initiate the request for interim supervision by electronic
communication to the probation officer designated as the
inter-county transfer officer for the juvenile probation
department of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.
(e) The juvenile probation department of the sending county
shall provide the juvenile probation department of the receiving
county with the following information in the request for interim
supervision initiated under Subsection (d):
(1) the child's name, sex, age, race, and date of
birth;
(2) the name, address, date of birth, and social
security or driver's license number, and telephone number, if
available, of the person with whom the child proposes to reside or
is residing in the receiving county;
(3) the offense for which the child is on probation;
(4) the length of the child's probation term;
(5) a brief summary of the child's history of
referrals;
(6) a brief statement of any special needs of the
child;
(7) the name and telephone number of the child's school
in the receiving county, if available; and
(8) the reason for the child moving or intending to
move to the receiving county.
(f) Not later than 10 business days after a receiving county
has agreed to provide interim supervision of a child, the juvenile
probation department of the sending county shall provide the
juvenile probation department of the receiving county with a copy
of the following documents:
(1) the petition and the adjudication and disposition
orders for the child, including the child's thumbprint;
(2) the child's conditions of probation;
(3) the social history report for the child;
(4) any psychological or psychiatric reports
concerning the child;
(5) the Department of Public Safety CR 43J form or
tracking incident number concerning the child;
(6) any law enforcement incident reports concerning
the offense for which the child is on probation;
(7) any sex offender registration information
concerning the child;
(8) any juvenile probation department progress
reports concerning the child and any other pertinent documentation
for the child's probation officer;
(9) case plans concerning the child;
(10) the Texas Juvenile Probation Commission standard
assessment tool results for the child;
(11) the computerized referral and case history for
the child, including case disposition;
(12) the child's birth certificate;
(13) the child's social security number or social
security card, if available;
(14) the name, address, and telephone number of the
contact person in the sending county's juvenile probation
department;
(15) Title IV-E eligibility screening information for
the child, if available;
(16) the address in the sending county for forwarding
funds collected to which the sending county is entitled;
(17) any of the child's school or immunization records
that the juvenile probation department of the sending county
possesses; and
(18) any victim information concerning the case for
which the child is on probation.
(f-1) The inter-county transfer officers in the sending and
receiving counties shall agree on the official start date for the
period of interim supervision, which must begin no later than three
business days after the date the documents required under
Subsection (f) have been received and accepted by the receiving
county.
(g) The juvenile probation department of the receiving
county shall supervise the child under the probation conditions
imposed by the sending county and provide services similar to those
provided to a child placed on probation under the same conditions in
the receiving county. On request of the juvenile probation
department of the receiving county, the juvenile court of the
receiving county may modify the original probation conditions and
impose new conditions using the procedures in Section 54.05. The
juvenile court of the receiving county may not modify a financial
probation condition imposed by the juvenile court of the sending
county or the length of the child's probation term. The juvenile
court of the receiving county shall designate a cause number for
identifying the modification proceedings.
(h) The juvenile court of the sending county may revoke
probation for a violation of a condition imposed by the juvenile
court of the sending county only if the condition has not been
specifically modified or replaced by the juvenile court of the
receiving county. The juvenile court of the receiving county may
revoke probation for a violation of a condition of probation that
the juvenile court of the receiving county has modified or imposed.
(i) If a child is reasonably believed to have violated a
condition of probation imposed by the juvenile court of the sending
county, the juvenile court of the sending or receiving county may
issue a directive to apprehend or detain the child in a certified
detention facility, as in other cases of probation violation. In
order to respond to a probation violation under this subsection,
the juvenile court of the receiving county may:
(1) modify the conditions of probation or extend the
probation term; or
(2) require that the juvenile probation department of
the sending county resume direct supervision for the child.
(j) On receiving a directive from the juvenile court of the
receiving county under Subsection (i)(2), the juvenile probation
department of the sending county shall arrange for the prompt
transportation of the child back to the sending county at the
expense of the sending county. The juvenile probation department
in the receiving county shall provide the sending county with
supporting written documentation of the incidents of violation of
probation on which the request to resume direct supervision is
based.
(k) The juvenile probation department of the receiving
county is entitled to any probation supervision fees collected from
the child or the child's parent while providing interim supervision
for the child. During the period of interim supervision, the
receiving county shall collect and distribute to the victim
monetary restitution payments in the manner specified by the
sending county. At the expiration of the period of interim
supervision, the receiving county shall collect and distribute
directly to the victim any remaining payments.
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation if the
child's family is financially unable to pay for the program or
placement.
(m) Except as provided by Subsection (n), a period of
interim supervision may not exceed 180 days. Permanent
supervision automatically transfers to the juvenile probation
department of the receiving county after the expiration of the
period of interim supervision. The juvenile probation department
of the receiving county may request permanent supervision from the
juvenile probation department of the sending county at any time
before the 180-day interim supervision period expires. After
signing and entry of an order of transfer of permanent supervision
by the sending county juvenile court, the juvenile probation
department shall, in accordance with Section 51.073(b), promptly
send the permanent supervision order and related documents to the
receiving county.
(m-1) If a child on interim supervision moves to another
county of residence or is otherwise no longer in the receiving
county before the expiration of 180 days, the receiving county
shall direct the sending county to resume supervision of the child.
(n) Notwithstanding Subsection (m), the period of interim
supervision of a child who is placed on probation under Section
54.04(q) does not expire until the child has satisfactorily
completed the greater of either 180 days or one-third of the term of
probation, including one-third of the term of any extension of the
probation term ordered under Section 54.05. Permanent supervision
automatically transfers to the probation department of the
receiving county after the expiration of the period of interim
supervision under this subsection. If the state elects to initiate
transfer proceedings under Section 54.051, the juvenile court of
the sending county may order transfer of the permanent supervision
before the expiration of the period of interim supervision under
this subsection.
(o) At least once every 90 days during the period of interim
supervision, the juvenile probation department of the receiving
county shall provide the juvenile probation department of the
sending county with a progress report of supervision concerning the
child.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 5, eff. September 1,
2007.


§ 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: PERMANENT SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) On transfer of permanent supervision of a child under
Section 51.072(m) or (n), the juvenile court of the sending county
shall order the juvenile probation department of the sending county
to provide the juvenile probation department of the receiving
county with the order of transfer. On receipt of the order of
transfer, the juvenile probation department of the receiving county
shall ensure that the order of transfer, the petition, the order of
adjudication, the order of disposition, and the conditions of
probation are filed with the clerk of the juvenile court of the
receiving county.
(c) The juvenile court of the receiving county shall require
that the child be brought before the court in order to impose new or
different conditions of probation than those originally ordered by
the sending county or ordered by the receiving county during the
period of interim supervision. The child shall be represented by
counsel as provided by Section 51.10.
(d) Once permanent supervision is transferred to the
juvenile probation department of the receiving county, the
receiving county is fully responsible for selecting and imposing
conditions of probation, providing supervision, modifying
conditions of probation, and revoking probation. The sending
county has no further jurisdiction over the child's case.
(d-1) On the final transfer of a case involving a child who
has been adjudicated as having committed an offense for which
registration is required under Chapter 62, Code of Criminal
Procedure, the receiving county shall have jurisdiction to conduct
a hearing under that chapter. This subsection does not prohibit
the receiving county juvenile court from considering the written
recommendations of the sending county juvenile court.
(e) This section does not affect the sending county's
jurisdiction over any new offense committed by the child in the
sending county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 6, eff. September 1,
2007.


§ 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: DEFERRED PROSECUTION. (a) A juvenile court may
transfer interim supervision, but not permanent supervision, to the
county where a child on deferred prosecution resides.
(b) On an extension of a previous order of deferred
prosecution authorized under Section 53.03(j), the child shall
remain on interim supervision for an additional period not to
exceed 180 days.
(c) On a violation of the conditions of the original
deferred prosecution agreement, the receiving county shall forward
the case to the sending county for prosecution or other action in
the manner provided by Sections 51.072(i) and (j), except that the
original conditions of deferred prosecution may not be modified by
the receiving county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 7, eff. September 1,
2007.


§ 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING
COUNTIES. (a) If a child who is on probation in one county spends
substantial time in an adjoining county, including residing,
attending school, or working in the adjoining county, the juvenile
probation departments of the two counties may enter into a
collaborative supervision arrangement regarding the child.
(b) Under a collaborative supervision arrangement, the
juvenile probation department of the adjoining county may authorize
a probation officer for the county to provide supervision and other
services for the child as an agent of the juvenile probation
department of the county in which the child was placed on
probation. The probation officer providing supervision and other
services for the child in the adjoining county shall provide the
probation officer supervising the child in the county in which the
child was placed on probation with periodic oral, electronic, or
written reports concerning the child.
(c) The juvenile court of the county in which the child was
placed on probation retains sole authority to modify, amend,
extend, or revoke the child's probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.


§ 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the
defendant in a criminal proceeding is a child who is charged with an
offense other than perjury, a traffic offense, a misdemeanor
punishable by fine only other than public intoxication, or a
violation of a penal ordinance of a political subdivision, unless
he has been transferred to criminal court under Section 54.02 of
this code, the court exercising criminal jurisdiction shall
transfer the case to the juvenile court, together with a copy of the
accusatory pleading and other papers, documents, and transcripts of
testimony relating to the case, and shall order that the child be
taken to the place of detention designated by the juvenile court, or
shall release him to the custody of his parent, guardian, or
custodian, to be brought before the juvenile court at a time
designated by that court.
(b) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense:
(1) except as provided by Subsection (d), shall waive
its original jurisdiction and refer a child to juvenile court if the
child has previously been convicted of:
(A) two or more misdemeanors punishable by fine
only other than a traffic offense or public intoxication;
(B) two or more violations of a penal ordinance
of a political subdivision other than a traffic offense; or
(C) one or more of each of the types of
misdemeanors described in Paragraph (A) or (B) of this subdivision;
and
(2) may waive its original jurisdiction and refer a
child to juvenile court if the child:
(A) has not previously been convicted of a
misdemeanor punishable by fine only other than a traffic offense or
public intoxication or a violation of a penal ordinance of a
political subdivision other than a traffic offense; or
(B) has previously been convicted of fewer than
two misdemeanors punishable by fine only other than a traffic
offense or public intoxication or two violations of a penal
ordinance of a political subdivision other than a traffic offense.
(c) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense shall notify the juvenile court of the county
in which the court is located of the pending complaint and shall
furnish to the juvenile court a copy of the final disposition of any
matter for which the court does not waive its original jurisdiction
under Subsection (b) of this section.
(d) A court that has implemented a juvenile case manager
program under Article 45.056, Code of Criminal Procedure, may, but
is not required to, waive its original jurisdiction under
Subsection (b)(1).
(e) A juvenile court may not refuse to accept the transfer
of a case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 1040, § 21, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1245, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 169, § 2, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1297, § 6, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 283, § 3, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 650, § 1, eff. September 1, 2005.


§ 51.09. WAIVER OF RIGHTS. Unless a contrary intent
clearly appears elsewhere in this title, any right granted to a
child by this title or by the constitution or laws of this state or
the United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney
for the child;
(2) the child and the attorney waiving the right are
informed of and understand the right and the possible consequences
of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court
proceedings that are recorded.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 9, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 84, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 64, § 1, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 429, § 1, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 557, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 593, § 1, eff. Aug. 26, 1991; Acts 1995, 74th
Leg., ch. 262, § 8, 9, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 1086, § 4, eff. Sept. 1, 1997.


§ 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD.
(a) Notwithstanding Section 51.09, the statement of a child is
admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a
circumstance described by Subsection (d) and:
(A) the statement shows that the child has at
some time before the making of the statement received from a
magistrate a warning that:
(i) the child may remain silent and not make
any statement at all and that any statement that the child makes may
be used in evidence against the child;
(ii) the child has the right to have an
attorney present to advise the child either prior to any
questioning or during the questioning;
(iii) if the child is unable to employ an
attorney, the child has the right to have an attorney appointed to
counsel with the child before or during any interviews with peace
officers or attorneys representing the state; and
(iv) the child has the right to terminate
the interview at any time;
(B) and:
(i) the statement must be signed in the
presence of a magistrate by the child with no law enforcement
officer or prosecuting attorney present, except that a magistrate
may require a bailiff or a law enforcement officer if a bailiff is
not available to be present if the magistrate determines that the
presence of the bailiff or law enforcement officer is necessary for
the personal safety of the magistrate or other court personnel,
provided that the bailiff or law enforcement officer may not carry a
weapon in the presence of the child; and
(ii) the magistrate must be fully convinced
that the child understands the nature and contents of the statement
and that the child is signing the same voluntarily, and if a
statement is taken, the magistrate must sign a written statement
verifying the foregoing requisites have been met;
(C) the child knowingly, intelligently, and
voluntarily waives these rights before and during the making of the
statement and signs the statement in the presence of a magistrate;
and
(D) the magistrate certifies that the magistrate
has examined the child independent of any law enforcement officer
or prosecuting attorney, except as required to ensure the personal
safety of the magistrate or other court personnel, and has
determined that the child understands the nature and contents of
the statement and has knowingly, intelligently, and voluntarily
waived these rights;
(2) the statement is made orally and the child makes a
statement of facts or circumstances that are found to be true and
tend to establish the child's guilt, such as the finding of secreted
or stolen property, or the instrument with which the child states
the offense was committed;
(3) the statement was res gestae of the delinquent
conduct or the conduct indicating a need for supervision or of the
arrest;
(4) the statement is made:
(A) in open court at the child's adjudication
hearing;
(B) before a grand jury considering a petition,
under Section 53.045, that the child engaged in delinquent conduct;
or
(C) at a preliminary hearing concerning the child
held in compliance with this code, other than at a detention hearing
under Section 54.01; or
(5) subject to Subsection (f), the statement is made
orally under a circumstance described by Subsection (d) and the
statement is recorded by an electronic recording device, including
a device that records images, and:
(A) before making the statement, the child is
given the warning described by Subdivision (1)(A) by a magistrate,
the warning is a part of the recording, and the child knowingly,
intelligently, and voluntarily waives each right stated in the
warning;
(B) the recording device is capable of making an
accurate recording, the operator of the device is competent to use
the device, the recording is accurate, and the recording has not
been altered;
(C) each voice on the recording is identified;
and
(D) not later than the 20th day before the date of
the proceeding, the attorney representing the child is given a
complete and accurate copy of each recording of the child made under
this subdivision.
(b) This section and Section 51.09 do not preclude the
admission of a statement made by the child if:
(1) the statement does not stem from interrogation of
the child under a circumstance described by Subsection (d); or
(2) without regard to whether the statement stems from
interrogation of the child under a circumstance described by
Subsection (d), the statement is voluntary and has a bearing on the
credibility of the child as a witness.
(c) An electronic recording of a child's statement made
under Subsection (a)(5) shall be preserved until all juvenile or
criminal matters relating to any conduct referred to in the
statement are final, including the exhaustion of all appeals, or
barred from prosecution.
(d) Subsections (a)(1) and (a)(5) apply to the statement of
a child made:
(1) while the child is in a detention facility or other
place of confinement;
(2) while the child is in the custody of an officer;
or
(3) during or after the interrogation of the child by
an officer if the child is in the possession of the Department of
Protective and Regulatory Services and is suspected to have engaged
in conduct that violates a penal law of this state.
(e) A juvenile law referee or master may perform the duties
imposed on a magistrate under this section without the approval of
the juvenile court if the juvenile board of the county in which the
statement of the child is made has authorized a referee or master to
perform the duties of a magistrate under this section.
(f) A magistrate who provides the warnings required by
Subsection (a)(5) for a recorded statement may at the time the
warnings are provided request by speaking on the recording that the
officer return the child and the recording to the magistrate at the
conclusion of the process of questioning. The magistrate may then
view the recording with the child or have the child view the
recording to enable the magistrate to determine whether the child's
statements were given voluntarily. The magistrate's determination
of voluntariness shall be reduced to writing and signed and dated by
the magistrate. If a magistrate uses the procedure described by
this subsection, a child's statement is not admissible unless the
magistrate determines that the statement was given voluntarily.

Added by Acts 1997, 75th Leg., ch. 1086, § 4, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 982, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1477, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 7, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 21.001(29), eff. Sept. 1, 2001.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 8, eff. September 1,
2007.


§ 51.10. RIGHT TO ASSISTANCE OF ATTORNEY;
COMPENSATION. (a) A child may be represented by an attorney at
every stage of proceedings under this title, including:
(1) the detention hearing required by Section 54.01 of
this code;
(2) the hearing to consider transfer to criminal court
required by Section 54.02 of this code;
(3) the adjudication hearing required by Section 54.03
of this code;
(4) the disposition hearing required by Section 54.04
of this code;
(5) the hearing to modify disposition required by
Section 54.05 of this code;
(6) hearings required by Chapter 55 of this code;
(7) habeas corpus proceedings challenging the
legality of detention resulting from action under this title; and
(8) proceedings in a court of civil appeals or the
Texas Supreme Court reviewing proceedings under this title.
(b) The child's right to representation by an attorney shall
not be waived in:
(1) a hearing to consider transfer to criminal court
as required by Section 54.02 of this code;
(2) an adjudication hearing as required by Section
54.03 of this code;
(3) a disposition hearing as required by Section 54.04
of this code;
(4) a hearing prior to commitment to the Texas Youth
Commission as a modified disposition in accordance with Section
54.05(f) of this code; or
(5) hearings required by Chapter 55 of this code.
(c) If the child was not represented by an attorney at the
detention hearing required by Section 54.01 of this code and a
determination was made to detain the child, the child shall
immediately be entitled to representation by an attorney. The
court shall order the retention of an attorney according to
Subsection (d) or appoint an attorney according to Subsection (f).
(d) The court shall order a child's parent or other person
responsible for support of the child to employ an attorney to
represent the child, if:
(1) the child is not represented by an attorney;
(2) after giving the appropriate parties an
opportunity to be heard, the court determines that the parent or
other person responsible for support of the child is financially
able to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(e) The court may enforce orders under Subsection (d) by
proceedings under Section 54.07 or by appointing counsel and
ordering the parent or other person responsible for support of the
child to pay a reasonable attorney's fee set by the court. The
order may be enforced under Section 54.07.
(f) The court shall appoint an attorney to represent the
interest of a child entitled to representation by an attorney, if:
(1) the child is not represented by an attorney;
(2) the court determines that the child's parent or
other person responsible for support of the child is financially
unable to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(g) The juvenile court may appoint an attorney in any case
in which it deems representation necessary to protect the interests
of the child.
(h) Any attorney representing a child in proceedings under
this title is entitled to 10 days to prepare for any adjudication or
transfer hearing under this title.
(i) Except as provided in Subsection (d) of this section, an
attorney appointed under this section to represent the interests of
a child shall be paid from the general fund of the county in which
the proceedings were instituted according to the schedule in
Article 26.05 of the Texas Code of Criminal Procedure, 1965. For
this purpose, a bona fide appeal to a court of civil appeals or
proceedings on the merits in the Texas Supreme Court are considered
the equivalent of a bona fide appeal to the Texas Court of Criminal
Appeals.
(j) The juvenile board of a county may make available to the
public the list of attorneys eligible for appointment to represent
children in proceedings under this title as provided in the plan
adopted under Section 51.102. The list of attorneys must indicate
the level of case for which each attorney is eligible for
appointment under Section 51.102(b)(2).
(k) Subject to Chapter 61, the juvenile court may order the
parent or other person responsible for support of the child to
reimburse the county for payments the county made to counsel
appointed to represent the child under Subsection (f) or (g). The
court may:
(1) order payment for each attorney who has
represented the child at any hearing, including a detention
hearing, discretionary transfer hearing, adjudication hearing,
disposition hearing, or modification of disposition hearing;
(2) include amounts paid to or on behalf of the
attorney by the county for preparation time and investigative and
expert witness costs; and
(3) require full or partial reimbursement to the
county.
(l) The court may not order payments under Subsection (k)
that exceed the financial ability of the parent or other person
responsible for support of the child to meet the payment schedule
ordered by the court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 2, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 11, eff. Jan. 1,
1996; Acts 2001, 77th Leg., ch. 1297, § 8, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, § 4, eff. Sept. 1, 2003.


§ 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
REPRESENTATION. (a) If an attorney is appointed at the initial
detention hearing and the child is detained, the attorney shall
continue to represent the child until the case is terminated, the
family retains an attorney, or a new attorney is appointed by the
juvenile court. Release of the child from detention does not
terminate the attorney's representation.
(b) If there is an initial detention hearing without an
attorney and the child is detained, the attorney appointed under
Section 51.10(c) shall continue to represent the child until the
case is terminated, the family retains an attorney, or a new
attorney is appointed by the juvenile court. Release of the child
from detention does not terminate the attorney's representation.
(c) The juvenile court shall determine, on the filing of a
petition, whether the child's family is indigent if:
(1) the child is released by intake;
(2) the child is released at the initial detention
hearing; or
(3) the case was referred to the court without the
child in custody.
(d) A juvenile court that makes a finding of indigence under
Subsection (c) shall appoint an attorney to represent the child on
or before the fifth working day after the date the petition for
adjudication or discretionary transfer hearing was served on the
child. An attorney appointed under this subsection shall continue
to represent the child until the case is terminated, the family
retains an attorney, or a new attorney is appointed by the juvenile
court.
(e) The juvenile court shall determine whether the child's
family is indigent if a motion or petition is filed under Section
54.05 seeking to modify disposition by committing the child to the
Texas Youth Commission or placing the child in a secure
correctional facility. A court that makes a finding of indigence
shall appoint an attorney to represent the child on or before the
fifth working day after the date the petition or motion has been
filed. An attorney appointed under this subsection shall continue
to represent the child until the court rules on the motion or
petition, the family retains an attorney, or a new attorney is
appointed.

Added by Acts 2001, 77th Leg., ch. 1297, § 9, eff. Sept. 1, 2001.


§ 51.102. APPOINTMENT OF COUNSEL PLAN. (a) The
juvenile board in each county shall adopt a plan that:
(1) specifies the qualifications necessary for an
attorney to be included on an appointment list from which attorneys
are appointed to represent children in proceedings under this
title; and
(2) establishes the procedures for:
(A) including attorneys on the appointment list
and removing attorneys from the list; and
(B) appointing attorneys from the appointment
list to individual cases.
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the
requirements of Article 26.04, Code of Criminal Procedure, except
that:
(A) the income and assets of the child's parent
or other person responsible for the child's support must be used in
determining whether the child is indigent; and
(B) any alternative plan for appointing counsel
is established by the juvenile board in the county; and
(2) recognize the differences in qualifications and
experience necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for
supervision or delinquent conduct, and commitment to the Texas
Youth Commission is not an authorized disposition; or
(ii) delinquent conduct, and commitment to
the Texas Youth Commission without a determinate sentence is an
authorized disposition; or
(B) determinate sentence proceedings have been
initiated or proceedings for discretionary transfer to criminal
court have been initiated.

Added by Acts 2001, 77th Leg., ch. 906, § 11, eff. Jan. 1, 2002.
Renumbered from § 51.101 by Acts 2003, 78th Leg., ch. 1275, §
2(51), eff. Sept. 1, 2003. Renumbered from § 51.101 and amended
by Acts 2003, 78th Leg., ch. 283, § 5, eff. Sept. 1, 2003.


§ 51.11. GUARDIAN AD LITEM. (a) If a child appears
before the juvenile court without a parent or guardian, the court
shall appoint a guardian ad litem to protect the interests of the
child. The juvenile court need not appoint a guardian ad litem if a
parent or guardian appears with the child.
(b) In any case in which it appears to the juvenile court
that the child's parent or guardian is incapable or unwilling to
make decisions in the best interest of the child with respect to
proceedings under this title, the court may appoint a guardian ad
litem to protect the interests of the child in the proceedings.
(c) An attorney for a child may also be his guardian ad
litem. A law-enforcement officer, probation officer, or other
employee of the juvenile court may not be appointed guardian ad
litem.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.


§ 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
GUARDIAN. (a) Each parent of a child, each managing and
possessory conservator of a child, each court-appointed custodian
of a child, and a guardian of the person of the child shall attend
each hearing affecting the child held under:
(1) Section 54.02 (waiver of jurisdiction and
discretionary transfer to criminal court);
(2) Section 54.03 (adjudication hearing);
(3) Section 54.04 (disposition hearing);
(4) Section 54.05 (hearing to modify disposition);
and
(5) Section 54.11 (release or transfer hearing).
(b) Subsection (a) does not apply to:
(1) a person for whom, for good cause shown, the court
waives attendance;
(2) a person who is not a resident of this state; or
(3) a parent of a child for whom a managing conservator
has been appointed and the parent is not a conservator of the child.
(c) A person required under this section to attend a hearing
is entitled to reasonable written or oral notice that includes a
statement of the place, date, and time of the hearing and that the
attendance of the person is required. The notice may be included
with or attached to any other notice required by this chapter to be
given the person. Separate notice is not required for a disposition
hearing that convenes on the adjournment of an adjudication
hearing. If a person required under this section fails to attend a
hearing, the juvenile court may proceed with the hearing.
(d) A person who is required by Subsection (a) to attend a
hearing, who receives the notice of the hearing, and who fails to
attend the hearing may be punished by the court for contempt by a
fine of not less than $100 and not more than $1,000. In addition to
or in lieu of contempt, the court may order the person to receive
counseling or to attend an educational course on the duties and
responsibilities of parents and skills and techniques in raising
children.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.


§ 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
not terminate the employment of a permanent employee because the
employee is required under Section 51.115 to attend a hearing.
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when notified of the hearing if the employee, as
soon as practical after the hearing, gives the employer actual
notice that the employee intends to return.
(c) A person who is injured because of a violation of this
section is entitled to reinstatement to the person's former
position and to damages, but the damages may not exceed an amount
equal to six months' compensation at the rate at which the person
was compensated when required to attend the hearing.
(d) The injured person is also entitled to reasonable
attorney's fees in an amount approved by the court.
(e) It is a defense to an action brought under this section
that the employer's circumstances changed while the employee
attended the hearing so that reemployment was impossible or
unreasonable. To establish a defense under this subsection, an
employer must prove that the termination of employment was because
of circumstances other than the employee's attendance at the
hearing.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.


§ 51.12. PLACE AND CONDITIONS OF DETENTION. (a) Except
as provided by Subsection (h), a child may be detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f);
(4) secure detention facility as provided by
Subsection (j); or
(5) county jail or other facility as provided by
Subsection (l).
(b) The proper authorities in each county shall provide a
suitable place of detention for children who are parties to
proceedings under this title, but the juvenile board shall control
the conditions and terms of detention and detention supervision and
shall permit visitation with the child at all reasonable times.
(b-1) A pre-adjudication secure detention facility may be
operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile pre-adjudication secure
detention facilities that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the Texas Juvenile Probation Commission that the
facilities are suitable or unsuitable for the detention of
children. In determining whether a facility is suitable or
unsuitable for the detention of children, the juvenile court judges
and juvenile board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c-1), and the status of any required corrective
actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the Texas Juvenile
Probation Commission;
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Probation Commission shall
annually inspect each public or private juvenile pre-adjudication
secure detention facility. The Texas Juvenile Probation
Commission shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the detention of
children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) Except as provided by Subsections (j) and (l), a child
may not be placed in a facility that has not been certified under
Subsection (c) as suitable for the detention of children and
registered under Subsection (i). Except as provided by Subsections
(j) and (l), a child detained in a facility that has not been
certified under Subsection (c) as suitable for the detention of
children or that has not been registered under Subsection (i) shall
be entitled to immediate release from custody in that facility.
(e) If there is no certified place of detention in the
county in which the petition is filed, the designated place of
detention may be in another county.
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design.
(g) Except for a child detained in a juvenile processing
office, a place of nonsecure custody, a secure detention facility
as provided by Subsection (j), or a facility as provided by
Subsection (l), a child detained in a building that contains a jail
or lockup may not have any contact with:
(1) part-time or full-time security staff, including
management, who have contact with adults detained in the same
building; or
(2) direct-care staff who have contact with adults
detained in the same building.
(h) This section does not apply to a person:
(1) after transfer to criminal court for prosecution
under Section 54.02; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Youth Commission; or
(B) violated a condition of release under
supervision of the Texas Youth Commission.
(i) Except for a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility under Subsection (b-1) in this state shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Probation Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(k) If a child who is detained under Subsection (j) or (l) is
not released from detention at the conclusion of the detention
hearing for a reason stated in Section 54.01(e), the child may be
detained after the hearing only in a certified juvenile detention
facility.
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census; and
(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the Texas Juvenile
Probation Commission that the facility complies with the
requirements of Subdivisions (3) and (4).
(m) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (i) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2155, ch. 693, § 10, 11, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 293, § 1, eff. Aug. 26,
1985; Acts 1987, 70th Leg., ch. 149, § 31, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 262, § 12, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 772, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1374, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 6.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 232, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477,
§ 2, eff; Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, §
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, § 13,
eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263, § 5, eff. June 8,
2007.


§ 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES.
(a) A post-adjudication secure correctional facility for juvenile
offenders may be operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Youth
Commission and that are located in the county at least annually and
shall certify in writing to the authorities responsible for
operating and giving financial support to the facilities and to the
Texas Juvenile Probation Commission that the facility or facilities
are suitable or unsuitable for the confinement of children. In
determining whether a facility is suitable or unsuitable for the
confinement of children, the juvenile court judges and juvenile
board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c), and the status of any required corrective actions;
and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Probation Commission shall annually
inspect each public or private juvenile post-adjudication secure
correctional facility that is not operated by the Texas Youth
Commission. The Texas Juvenile Probation Commission shall provide
a report to each juvenile court judge presiding in the same county
as an inspected facility indicating whether the facility is
suitable or unsuitable for the confinement of children in
accordance with minimum professional standards for the confinement
of children in post-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile post-adjudication secure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Youth
Commission, shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (d) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, § 6, eff. June 8,
2007.


§ 51.13. EFFECT OF ADJUDICATION OR DISPOSITION.
(a) Except as provided by Subsection (d), an order of adjudication
or disposition in a proceeding under this title is not a conviction
of crime. Except as provided by Chapter 841, Health and Safety
Code, an order of adjudication or disposition does not impose any
civil disability ordinarily resulting from a conviction or operate
to disqualify the child in any civil service application or
appointment.
(b) The adjudication or disposition of a child or evidence
adduced in a hearing under this title may be used only in
subsequent:
(1) proceedings under this title in which the child is
a party;
(2) sentencing proceedings in criminal court against
the child to the extent permitted by the Texas Code of Criminal
Procedure, 1965; or
(3) civil commitment proceedings under Chapter 841,
Health and Safety Code.
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12 of this code;
(2) after transfer for prosecution in criminal court
under Section 54.02 of this code; or
(3) after transfer from the Texas Youth Commission
under Section 61.084, Human Resources Code.
(d) An adjudication under Section 54.03 that a child engaged
in conduct that occurred on or after January 1, 1996, and that
constitutes a felony offense resulting in commitment to the Texas
Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or
54.05(f) is a final felony conviction only for the purposes of
Sections 12.42(a), (b), (c)(1), and (e), Penal Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 385, § 3, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 799, § 1, eff. June 18, 1993;
Acts 1995, 74th Leg., ch. 262, § 13, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, § 5, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, § 4.02, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 283, § 6, eff. Sept. 1, 2003.


§ 51.151. POLYGRAPH EXAMINATION. If a child is taken
into custody under Section 52.01 of this code, a person may not
administer a polygraph examination to the child without the consent
of the child's attorney or the juvenile court unless the child is
transferred to criminal court for prosecution under Section 54.02
of this code.

Added by Acts 1987, 70th Leg., ch. 708, § 1, eff. Sept. 1, 1987.


§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
burden of proof to be borne by the state in adjudicating a child to
be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas
Rules of Civil Procedure govern proceedings under this title.
(b) Discovery in a proceeding under this title is governed
by the Code of Criminal Procedure and by case decisions in criminal
cases.
(c) Except as otherwise provided by this title, the Texas
Rules of Evidence apply to criminal cases and Articles 33.03 and
37.07 and Chapter 38, Code of Criminal Procedure, apply in a
judicial proceeding under this title.
(d) When on the motion for appointment of an interpreter by
a party or on the motion of the juvenile court, in any proceeding
under this title, the court determines that the child, the child's
parent or guardian, or a witness does not understand and speak
English, an interpreter must be sworn to interpret for the person as
provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies
the court that the child, the child's parent or guardian, or a
witness is deaf, the court shall appoint a qualified interpreter to
interpret the proceedings in any language, including sign language,
that the deaf person can understand, as provided by Article 38.31,
Code of Criminal Procedure.
(f) Any requirement under this title that a document contain
a person's signature, including the signature of a judge or a clerk
of the court, is satisfied if the document contains the signature of
the person as captured on an electronic device or as a digital
signature. Article 2.26, Code of Criminal Procedure, applies in a
proceeding held under this title.
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of
Criminal Procedure, relating to the name of an adult defendant in a
criminal case, apply to a child in a proceeding held under this
title.
(h) Articles 57.01 and 57.02, Code of Criminal Procedure,
relating to the use of a pseudonym by a victim in a criminal case,
apply in a proceeding held under this title.
(i) Except as provided by Section 56.03(f), the state is not
required to pay any cost or fee otherwise imposed for court
proceedings in either the trial or appellate courts.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 14, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 1477, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 283, § 7, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 9, eff. September 1,
2007.


§ 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE
JUVENILE COURT. (a) This section applies only to a child who has a
right to a trial before a juvenile court the judge of which is not an
attorney licensed in this state.
(b) On any matter that may lead to an order appealable under
Section 56.01 of this code, a child may be tried before either the
juvenile court or the alternate juvenile court.
(c) The child may elect to be tried before the alternate
juvenile court only if the child files a written notice with that
court not later than 10 days before the date of the trial. After the
notice is filed, the child may be tried only in the alternate
juvenile court. If the child does not file a notice as provided by
this subsection, the child may be tried only in the juvenile court.
(d) If the child is tried before the juvenile court, the
child is not entitled to a trial de novo before the alternate
juvenile court.
(e) The child may appeal any order of the juvenile court or
alternate juvenile court only as provided by Section 56.01 of this
code.

Added by Acts 1977, 65th Leg., p. 1112, ch. 411, § 2, eff. June
15, 1977. Amended by Acts 1993, 73rd Leg., ch. 168, § 3, eff.
Aug. 30, 1993.


§ 51.19. LIMITATION PERIODS. (a) The limitation
periods and the procedures for applying the limitation periods
under Chapter 12, Code of Criminal Procedure, and other statutory
law apply to proceedings under this title.
(b) For purposes of computing a limitation period, a
petition filed in juvenile court for a transfer or an adjudication
hearing is equivalent to an indictment or information and is
treated as presented when the petition is filed in the proper court.
(c) The limitation period is two years for an offense or
conduct that is not given a specific limitation period under
Chapter 12, Code of Criminal Procedure, or other statutory law.

Added by Acts 1997, 75th Leg., ch. 1086, § 6, eff. Sept. 1, 1997.


§ 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
stage of the proceedings under this title, the juvenile court may
order a child who is referred to the juvenile court or who is
alleged by a petition or found to have engaged in delinquent conduct
or conduct indicating a need for supervision to be examined by a
disinterested expert, including a physician, psychiatrist, or
psychologist, qualified by education and clinical training in
mental health or mental retardation and experienced in forensic
evaluation, to determine whether the child has a mental illness as
defined by Section 571.003, Health and Safety Code, or is a person
with mental retardation as defined by Section 591.003, Health and
Safety Code. If the examination is to include a determination of
the child's fitness to proceed, an expert may be appointed to
conduct the examination only if the expert is qualified under
Subchapter B, Chapter 46B, Code of Criminal Procedure, to examine a
defendant in a criminal case, and the examination and the report
resulting from an examination under this subsection must comply
with the requirements under Subchapter B, Chapter 46B, Code of
Criminal Procedure, for the examination and resulting report of a
defendant in a criminal case.
(b) If, after conducting an examination of a child ordered
under Subsection (a) and reviewing any other relevant information,
there is reason to believe that the child has a mental illness or
mental retardation, the probation department shall refer the child
to the local mental health or mental retardation authority for
evaluation and services, unless the prosecuting attorney has filed
a petition under Section 53.04.
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or mental
retardation and the child is not currently receiving treatment
services for the mental illness or mental retardation, the
probation department shall refer the child to the local mental
health or mental retardation authority for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health or mental retardation authority made
under Subsection (b) or (c) to the Texas Juvenile Probation
Commission in a format specified by the commission.
(e) At any stage of the proceedings under this title, the
juvenile court may order a child who has been referred to the
juvenile court or who is alleged by the petition or found to have
engaged in delinquent conduct or conduct indicating a need for
supervision to be subjected to a physical examination by a licensed
physician.

Added by Acts 1999, 76th Leg., ch. 1477, § 4, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 828, § 5(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 35, § 6, eff. Jan. 1, 2004.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 7, eff. September 1, 2005.


§ 51.21. MENTAL HEALTH SCREENING AND REFERRAL. (a) A
probation department that administers the mental health screening
instrument or clinical assessment required by Section 141.042(e),
Human Resources Code, shall refer the child to the local mental
health authority for assessment and evaluation if:
(1) the child's scores on the screening instrument or
clinical assessment indicate a need for further mental health
assessment and evaluation; and
(2) the department and child do not have access to an
internal, contract, or private mental health professional.
(b) A probation department shall report each referral of a
child to a local mental health authority made under Subsection (a)
to the Texas Juvenile Probation Commission in a format specified by
the commission.

Added by Acts 2005, 79th Leg., Ch. 949, § 8, eff. September 1,
2005.