CCISD: Revenue Generator

This chapter is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience, welfare and protection of the city and the citizens thereof, and all of the provisions of this chapter shall be construed for the accomplishment of that purpose.

(Code 1958, § 28A-1; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-2. Definitions.

As used in this chapter, the following terms shall have the respective meanings ascribed to them:

(1) Proprietary school (hereinafter referred to as "school"): Any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within the city; and (a) which offers or maintains a course or courses of instruction or study; and (b) at which place of business such a course or courses of instruction or study is available through classroom instruction; to a person or persons for the purpose of training or preparing such person for a field of endeavor in a business, trade, technical or industrial occupation, except as hereinafter excluded.

The definition of a proprietary school shall not include the following:

(i) A school or educational institution supported entirely or partly by taxation from either a local or state source;

(ii) A parochial, denominational or eleemosynary school or institution;

(iii) A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees;

(iv) A course or courses of study or instruction sponsored by a recognized trade, business or professional organization for the instruction of the members of such organization;

(v) Private colleges and universities which award a baccalaureate, or higher degree, and which maintain and operate educational programs for which credits are given. A majority of said credits must be transferable to a college, junior college or university supported entirely or partly by taxation from either a local or state source;

(vi) A private school which provides a basic academic education comparable to that provided in the public schools of the state;

(vii) A school offering a program only for children six (6) years of age or younger;

(viii) A school which is regulated and licensed under the laws of the State of Texas.

(2) Owner: Every person having a legal or equitable interest in the assets, or income or both, of such school--If the school is owned by an individual--That individual; if the school is owned by a partnership--All full, silent and limited partners; if the school is owned by a corporation--The officers and directors of the corporation.

(3) School employee: All instructors, administrators, solicitors, clerical and office personnel employed by the school.

(4) Shop course: A course of instruction in one of the manual arts or industrial arts, sometimes called a "ski,: including but not limited to welding, metalworking, woodworking, automotive mechanics, appliance servicing and repair.

(5) Solicitor: A person who solicits business for a proprietary school, or who offers to sell or sells any instruction or course of instruction offered by a proprietary school.

(6) Notice to the school: Written correspondence sent to the address contained in the application or affidavit.

(Code 1958, § 28A-2; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 1, 7-29-1970)

Sec. 46-3. Establishment of authority of city secretary as proprietary school licensing officer.

The city secretary is hereby commissioned, authorized and directed to enforce this chapter, receive all applications for permits issuable hereunder, and receive and receipt for permit fees tendered therefor. The city secretary shall promulgate such rules and regulations as he deems appropriate to govern hearings before him under the terms of this chapter.

(Code 1958, § 28A-3; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-4. Application for permit; permit fee.

Every owner desiring to obtain a permit to operate a proprietary school within the city shall make a verified application to the city secretary (upon forms furnished by the city secretary) setting forth the following information:

(1) The name or title of the proprietary school;

(2) The addresses of the school or schools, administrative offices, dormitories and cafeterias, and other food service and housing establishments connected in any way to the school;

(3) The legal structure of the school (individually owned, partnership or corporation) and the names and addresses of all owners of the school, and if owned by a corporation, the date and state of incorporation, the charter number, the names and addresses of the officers, directors and all stockholders owning more than five (5) per cent of the outstanding shares of the corporation;

(4) A current balance sheet of the school, certified by a certified public accountant;

(5) The names, addresses, educational and teaching qualifications and teaching fields of all instructors employed by the school;

(6) A list of equipment available for instruction in each course of study taught by the school;

(7) The maximum number of students to be enrolled in each course of instruction offered by the school and the ratio of equipment and instructors to students;

(8) The specific fields and courses of instruction which will be offered and the specific purpose of such instruction;

(9) Copies of all contracts or agreements which will be signed by students attending said school;

(10) Copies of all current catalogues, bulletins, published materials, form letters, circulars and all advertising copy which is transmitted to the public or prospective students;

(11) An affidavit by each owner, solicitor and school employee sworn to before a notary public, containing the following information:

(a) Full name and address of said person and the capacity in which he serves the school; and

(b) The city, county and state of said person's permanent residence and places of residence for the past five (5) years; and

(d) Whether or not said person has ever been convicted of a felony or a misdemeanor other than traffic violations, or a crime involving fraud; and

(e) Three (3) persons who may be contacted concerning said person's good moral character; and

In the case of office and clerical personnel, the owner may submit an affidavit setting forth the above information concerning all clerical and office personnel, which information shall be based upon the owner's investigation and knowledge. Information submitted to the city secretary pursuant to subsection (11) shall not be open to public inspection.

(12) A copy of all written contracts or written outlines of all oral commitments or agreements made by the applicant with an apartment house owner for student housing, or with the owner of an establishment serving food to students, or with any other person planning to perform services for the students to be enrolled and to whom the students may be referred by the school.

(13) The applicant shall attach to the application a permit fee in the amount of twenty-five dollars ($25.00).

(Code 1958, § 28A-4; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, §§ 4, 5, 7-29-1970)

Sec. 46-5. Exceptions for accredited schools.

Any proprietary school accredited by a nationally recognized accrediting agency approved by the United States Office of Education under the provisions of Chapter 33, Title 38, U.S. Code, and subsequent legislation which requires the evaluation of such agencies and the issuance of an official list by that office and those schools approved by the veterans approval agency of the Texas Education Agency shall not be required to file the matters set out in section 46-4, subsections (5) through (12); provided, however, that the city secretary may, after due notice to the school, require the filing of the information contained in such subsections (5) through (12). In lieu thereof, such school may file an affidavit attesting to its accreditation or approval as herein set out with the twenty-five dollar ($25.00) permit fee attached thereto. In the event said approval or accreditation is withdrawn, the owner shall immediately notify the city secretary of the withdrawal of accreditation or approval and file with the city secretary within ten (10) days the information set forth in section 46-4.

(Code 1958, § 28A-5; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-6. Minimum standards.

No proprietary school located in the city shall be issued a permit to operate under the provisions of this chapter until the city secretary shall have determined that said school is maintained and operated, or in the event of a new school that said school can be reasonably maintained and operated, in substantial compliance with the following minimum standards:

(1) That the school applying for a permit is in solvent condition;

(2) That the school has presently available, of quality and kind customary for the type of schooling proposed, space, equipment and instructional materials to train the number of students proposed to be enrolled in the courses that are advertised and scheduled;

(3) (a) That, for each shop course offered by a school, there shall be not less than one qualified teacher or instructor for each class of twenty (20) students, or less; provided, however, that whenever such teacher or instructor is assisted by an adult aide, working in his presence in the class, such class may include not more than thirty (30) students. A nonshop course shall have a ratio of not less than one teacher to thirty (30) students.

(b) During the conduct of a class the teacher or instructor in charge shall have full visibility of the entire classroom and the classroom shall be arranged to afford such visibility.

(c) Every school instructor shall possess the training, by education and/or experience, customary for teachers of the course he professes and for which he is assigned by the school.

(4) That all advertising and representations made on behalf of the school to prospective students are truthful and free from misrepresentation and fraud;

(5) That any dormitory or eating facility offered by the school or with which the school has any contractual connection, is clean, healthful, safe and adequate for the number of students proposed to be served and that the supervision of the same is adequately maintained at all times;

(6) That the premises and conditions under which the students work or study shall be sanitary, healthful and safe according to the standards required by the health department of the city and of the state and by the fire prevention code of the city;

(7) That prior to enrollment, the student has been presented with a published statement of total tuition charges and/or part payments thereof, fees required, and all charges to be made for books, equipment, and supplies needed by the student, and if housing is provided for the students, all charges therefor, or if housing is not furnished, a statement to that effect;

(8) That the school adheres to a tuition refund schedule, if any, as presented to the student in published form prior to enrollment in the event that the student shall discontinue the training or be excluded therefrom;

(9) That the school is equipped and able at all times to comply with its contractual relationships with the enrolled students;

(10) That the facilities, class instruction rooms, housing quarters, and eating facilities shall at all reasonable times be open to inspection by city secretary or his designated agents;

(11) That all equipment furnished shall be suitable and modern in nature, similar to that which is customarily used in the work that would be performed by a student taking that course of instruction upon completion of the course;

(12) Such other reasonable standards as the city secretary may promulgate and publish, and which are adopted by ordinance of the city council, after notice to the affected schools and a reasonable time allowed for compliance.

(Code 1958, § 28A-6; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 2, 7-29-1970)

Sec. 46-7. Issuance or denial of permit; transferability; renewal.

(1) On the final passage of this chapter, each proprietary school as defined herein, shall within thirty (30) days make application for a permit under the provisions of this chapter. Failure to make such application shall be considered a violation of this chapter, and each day that the applicant fails to make application shall be considered a separate violation.

(2) Upon receipt of the application specified in section 46-4 hereof, the city secretary shall within twenty-one (21) days consider said application and either issue or deny a permit to operate a proprietary school. An assistant city attorney and the chief of police shall aid the city secretary in evaluating and investigating any application upon request by the city secretary. The director of planning and urban development and director of finance shall provide written comments to the city secretary about the application within fourteen (14) days of its receipt by the city secretary. The city secretary may consider both oral and documentary evidence concerning the issuance of said permit from any interested person.

(3) If the city secretary is of the opinion that the applicant has complied with the provisions of this chapter, then he shall issue a permit to operate a proprietary school to said applicant.

(4) If the city secretary, after considering said application, shall determine to deny the applicant a permit, the city secretary shall specify the reasons therefor, provided, however, that said reasons for denial shall not be binding upon the city secretary in any subsequent proceeding. He may deny an applicant a permit on the ground that an owner or solicitor of the school has been convicted of a felony or a misdemeanor involving moral turpitude, or a crime involving fraud. Pending the final determination of the issuance or denial of a permit under the provisions of this chapter, a school in operation when the permit application is filed with the city secretary may continue to operate. Any school which is not in operation when said application is filed may not begin operation until its application is granted.

(5) The permit shall be issued to the owners of said proprietary school and shall be nontransferable. The permit specified for herein shall be for a period of one (1) year. Thereafter, each owner of a proprietary school shall make application for a permit at least thirty (30) days prior to the expiration of the current permit. In the event of a change of ownership of the proprietary school, the permit specified herein shall be revoked by operation of law and the new owner of the proprietary school must within ten (10) days after the change of ownership, apply for a permit to operate a proprietary school.

(6) After the issuance of the permit, the school shall file with the city secretary all contracts and agreements specified in subsections (9) and (12) of section 46-4 hereof which are to be used by the school and which have not heretofore been filed with him.

(Code 1958, § 28A-7; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-8. Administrative appeal.

Should the applicant be dissatisfied with the denial of the permit by the city secretary, the applicant shall within seven (7) days after receipt of notice, file with the city secretary a request for an administrative hearing before the city secretary on said denial, which officer shall, within five (5) days after the receipt of said notice, set a time and place for said administrative hearing on the denial. Said hearing shall be held within twenty-one (21) days from the receipt of the request for a hearing. At said administrative hearing, the applicant may appear in person or by counsel and present evidence to the city secretary in support of the granting of the permit specified herein. The city secretary, upon his request, shall be furnished counsel by the city legal department. All interested persons may also appear and present oral and documentary evidence to the city secretary concerning the issuance of a permit to the applicant, and all parties shall have the right to cross-examine. The city secretary shall within seven (7) days issue an order granting or denying a permit for the operation of a proprietary school in the city and stating the reasons therefor.

(Code 1958, § 28A-8; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 3, 7-29-1970)

Sec. 46-9. Appeal to the city council.

If the applicant for a permit under this chapter is dissatisfied with the order of finding of the city secretary after an administrative hearing before the city secretary, he shall have the right to appeal to the city council by filing a written notice of such appeal with the city secretary within ten (10) days after receipt of the notice that his permit has been denied or revoked. Upon the filing of such notice of appeal, the application for said permit and all papers possessed by the city secretary in connection with such application and such permit shall be delivered to the city council and such matters as may be in controversy shall be heard by the council within fourteen (14) days after receipt of notice of appeal and the council shall, within ten (10) days thereafter, affirm, reverse or modify the order of the city secretary. The parties may appear in person or by attorney, present evidence and have the right of cross-examination.

(Code 1958, § 28A-9; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 6, 7-29-1970)

Sec. 46-10. Revocation or conditioning of permit.

The city secretary shall have the authority to revoke the permit theretofore issued by him or to place reasonable conditions upon the continued operation thereunder. Before revoking or conditioning said permit, the city secretary shall afford the applicant or holder of such permit an opportunity to be heard in connection therewith in person or by counsel and that officer shall, at least thirty (30) days prior to the date set for a hearing on such revoking or restriction, notify in writing the holder of such permit of the date and purpose of said hearing and assign therein the grounds for the action contemplated to be taken and as to which inquiries shall be made on the date of such hearing. After decision of revoking or conditioning by the city secretary, a proprietary school permit may be revoked or conditioned by the city secretary for the following reasons:

(1) The failure of the permit holder to comply with the minimum standards required of a proprietary school under the provisions of section 46-6 hereof; or

(2) The use by an employee, solicitor or representative of the school with the knowledge of the owner of fraud or misrepresentation in procuring a student's enrollment; or if any such incident is called to the attention of the owner and remedial steps are not taken by the owner including restitution of fees collected and expenses incurred by the prospective student; or

(3) The failure on the part of the school to carry out and comply with each and every contract and agreement made and entered into by said school with any student; or

(4) The use by the school of deceptive or fraudulent advertising in any form; or

(5) The violation by the owner of a school of section 46-14(1)(c) hereof; or

(6) The filing of false information with the city secretary by an owner of a school; or

(7) The failure of the owner of the school to notify the city secretary in writing of the withdrawal of accreditation or approval as required in section 46-5 hereof.

(Code 1958, § 28A-10; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-11. Bond requirements.

(1) The city secretary shall not issue a permit to operate a proprietary school until the applicant has filed with the city secretary a bond in the sum of ten thousand dollars ($10,000.00) signed by a solvent surety company authorized to do business in the state, payable to the city, conditioned to provide indemnification to any student or enrollee or his parent or guardian suffering loss or damage as a result of:

(a) Any fraud or misrepresentation used in procuring his enrollment; or

(b) The failure on the part of the school to carry out and comply with each and every contract and agreement made and entered into by said school, acting by and through its officers and agents with any student or enrollee; or

(c) The student's inability to complete the course or courses because the school ceased operation, or failed to furnish the facilities advertised or included in the contracted agreement.

(2) The aggregate liability of the surety as to the total of all claims and demands under the bond is limited to the penal sum of ten thousand dollars ($10,000.00).

(3) A surety on said bond may be released therefrom after said surety shall have made a written notice thereof directed to the city secretary at least thirty (30) days prior to said release, provided, however, that such release shall not affect the surety's liability for acts arising prior to the surety's release.

(4) The surety bond shall cover the period of the permit except when said surety shall be released in the manner provided by subsection (3) hereof.

(5) The permit shall be suspended by operation of law when said proprietary school is no longer covered by a surety bond as required by this section; but the city secretary shall cause said proprietary school to receive at least ten (10) days' written notice prior to the release of said surety to the effect that said approval shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as required for the initial surety bond.

(6) Each solicitor shall have a bond in the amount of one thousand dollars ($1,000.00) conditioned that he will reimburse any student or prospective student for any money paid or expenses incurred as a result of fraud, or misrepresentation in securing the enrollment of the student. All such bonds and any action thereon shall have venue in Corpus Christi, Nueces County, Texas, and shall be filed with the city secretary. Any solicitor who solicits business for a proprietary school, or who offers to sell or sells any instruction or course of instruction within the city offered by a proprietary school located outside of the city shall file a bond as herein provided. The aggregate liability of the surety as to the total of all claims and demands under the bond is limited to the penal sum of one thousand dollars ($1,000.00).

(7) The city secretary may notify the affected surety company of any alleged violation of the bond required by section 46-11(1) which may come to his attention.

(Code 1958, § 28A-11; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-12. Public nuisances.

The violation of subsections (1)(a), (1)(b) or (1)(c) of section 46-14 hereof is declared to be public nuisances.

(Code 1958, § 28A-12; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-13. Injunctions.

Whenever the city secretary has probable cause to believe that any proprietary school has committed any of the acts declared in section 46-12 hereof to be a public nuisance, the city secretary shall have the duty to make application to a court of competent jurisdiction for an injunction restraining the commission of such acts.

(Code 1958, § 28A-13; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-14. Prohibited acts.

(1) It shall be unlawful for any owner or school employee of a proprietary school within the city to:

(a) Operate such school without a valid permit to do so issued by the city secretary; or

(b) Utilize advertising designed to mislead or deceive prospective students; or

(c) Accept a contract from a solicitor who does not have a bond as required in section 46-11(5) hereof in effect and on file with the city secretary.

(2) It shall be unlawful for a solicitor to:

(a) Solicit a prospective student without having a bond as required in section 46-11(5) hereof in effect and on file with the city secretary; or

(b) Use fraud or misrepresentation in procuring a student's enrollment.

(3) It shall be unlawful for any owner or school employee to violate any provision of this chapter.

(Code 1958, § 28A-14; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-15. Penalty.

Any owner or school employee who commits any prohibited act as set out in section 46-14 hereof shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine as provided in section 1-6, and each day that any prohibited act continues shall constitute a separate offense.

(Ord. No. 9797, § 1, 6-17-1970)

Wednesday, April 30, 2008

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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 Your Comments

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

lets hope they don't educated like post 24
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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!!!!!!!!
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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.
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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...
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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.
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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.
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Post 37 April 28, 2008 at 12:36 p.m.

PARENTS.....PARENTS.....PARENTS CALLING ALL RESPONISIBLE PARENTS.... NO ANSWER.
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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.
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Post 39 April 28, 2008 at 12:39 p.m.

Where is the "Sad times, bro" person?
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Post 40 April 28, 2008 at 12:51 p.m.

Post 39
OMG, don't be so stupid and draw this idiot out.
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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.
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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...
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Post 43 April 28, 2008 at 1:04 p.m.

Post 5 and 37: You got that right!!
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Post 44 April 28, 2008 at 1:07 p.m.

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

Yes I have, and it is PATHETIC! lol!
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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.
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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
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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.
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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!
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 !
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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.
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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.
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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!
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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.
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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.
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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.
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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
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Post 69 April 28, 2008 at 4:33 p.m.

Here I am post 39.

Sad Times Bro......Sad Times

Happy Now?
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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.
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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?
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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.
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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". :)
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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.
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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.
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Post 76 April 28, 2008 at 10:09 p.m.

Well said 75! The TAKS is scaring off teachers.
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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.
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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.
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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.

Tuesday, February 05, 2008

As Neeley Leaves TEA, Report Says Perry Crony Commits Cronyism

Posted in Had Enough Yet?, Education, Around The State at 9:17 am by wcnews

Here’s the AAS story about this from yesterday, Report cites problems with TEA contract, it also include a link to the report.

Associates and former employees of high-ranking officials at the Texas Education Agency have in recent years won pieces of contracts that were not competitively bid, according to a report from the agency’s inspector general.

The report, obtained by the American-Statesman on Wednesday, says that contracts went to education service centers, which serve as regional outposts for the state agency, and that the associates of agency officials received subcontracts.

The report does not explicitly state whether competitive bids should have been taken. Even when competitive bids are issued, agency staff members do not follow the agency’s contract policies, the report says.

Education Commissioner Shirley Neeley, who ordered the report after an agency employee raised questions in February, has turned it over to State Auditor John Keel, who is investigating further, agency spokeswoman Debbie Ratcliffe said.

Neeley who commissioned the report is being replaced by her second in command, and Perry Crony, Robert Scott who was “frequently cited” in the report. From today’s HChron, Perry stands by choice for TEA fill-in. Why wouldn’t he? That is, after all, what crony’s do for one another.

Gov. Rick Perry has no concerns about putting deputy commissioner Robert Scott temporarily in charge of the Texas Education Agency, the governor’s spokesman said Thursday, despite questions raised in an inspector general’s report detailing no-bid contracts that went to Scott’s friends.

“None. The governor has complete confidence that he will do his job with the utmost integrity and professionalism, just as he always has,” Perry spokesman Robert Black said.

Scott will lead the agency, which oversees public education for 4.5 million children attending Texas public schools, until Perry picks a permanent successor to Shirley Neeley, who left her job as commissioner this week after the governor decided not to reappoint her.

A former Perry aide, Scott previously led the agency between Neeley’s appointment and the departure of her predecessor, Felipe Alanis.

The inspector general’s report released Wednesday chronicled instances when contracts that were not competitively bid landed with Austin attorney Emily Miller, described in the report as a friend of Scott’s, or with his former executive assistant, Cory Rountree.

The report said it was often unclear how Scott’s friends got the work.

“Key participants in the contracting process do not agree as to how the subcontractors were chosen,” according to the report.

The inspector general’s report said the education agency failed to follow state contracting policy in awarding millions of dollars in competitive grants. It highlighted ambiguities in awarding grants from a $261 million partnership between the state and several private foundations for high school improvement.

Neeley commissions the report, that fingers the governor’s buddy and shortly before it’s release she’s “forced out” of her job.

Permalink

Thursday, January 10, 2008

2. A juvenile has the right to have an attorney present during interrogation.

TEXAS JUVENILE LAW

In Texas, juveniles are defined as minors, older than 10 years of age and under the age of 17. Juveniles are treated differently than adult offenders and the general goal of the juvenile system is rehabilitation as opposed to punishment. However, the penalties in the juvenile system can still be severe. Some offenses, such as truancy and breaking curfew, are unique to juveniles, and would not be illegal if the accused were an adult. The juvenile justice system generally moves much more quickly than does the adult criminal justice system. Don't wait to hire a good juvenile defense lawyer to represent your child. Call Attorney David Finn at: 214-651-1121.

There are separate courts and rules that govern the juvenile process. The juvenile court system will generally make every effort to rehabilitate the child rather than simply incarcerate him. Only in extreme cases, such as serious felonies, usually involving allegations of violence or the use of a deadly weapon, will a juvenile be tried as an adult. The juvenile courts may hold a hearing to determine whether to transfer the juvenile to the adult court system. This is called a "transfer hearing." The court will base its decision to transfer on the following factors:

1. The seriousness of the offense
2. The child's criminal sophistication
3. Previous criminal record
4. Previous attempts to rehabilitate the juvenile offender
5. The court's belief that future attempts at rehabilitation will be unsuccessful

While many of the laws governing juveniles may differ from the adult system, the rights that juveniles enjoy are virtually identical to those enjoyed by adults.

1. A juvenile must be read his Miranda rights if placed under arrest.
2. A juvenile has the right to have an attorney present during interrogation.
3. A juvenile has the right to know the specific charges being brought by the State.
4. A juvenile has rights against self-incrimination.
5. A juvenile has the right to confront his accuser and examine witnesses.
6. A juvenile has the right to appeal the court's decision.
7. A juvenile does have the right to a jury trial during the adjudication phase

If a juvenile finds herself in a situation involving the police or other law enforcement, please remember the following information:

1. You do not have to submit to a search unless you have been placed under arrest.

If you are asked to give permission to search you should politely but firmly decline. If the police say they have a search warrant, ask to see it.

2. Do not resist arrest.
3. Do not volunteer information or answer questions without your attorney present.
4. Provide only your name, address, and phone number.
5. Call your parents as soon as possible.
6. Insist that your parents and an attorney be present during questioning.
7. Do not discuss your case with anyone other than your attorney.

Do not discuss your case with your friends or classmates.

Finally, do not attempt to represent yourself in court. Hire an experienced criminal defense attorney, preferably one who is board-certified in criminal law.

Texas Juvenile Justice: Overview

Taking Into Custody; Issuance of Warning Notice: Texas Family Code Section 52.01

A child may be taken into custody: pursuant to an order of the juvenile court; pursuant to the Texas laws for arrest; by a law enforcement officer if there is probable cause to believe that the child has engaged in conduct that violates the penal laws of Texas or any political subdivision or delinquent conduct or conduct indicating a need for supervision. It is the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility if the child is not released to the parent, guardian, or custodian of the child. If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the law enforcement officer who has taken the child into custody or, if authorized by the commissioners court of the county, the sheriff of that county, to transport the child to the appropriate juvenile detention facility unless the child is released to the parent, guardian, or custodian of the child.

Delinquent Conduct: Conduct Indicating a Need for Supervision:

Texas Family Code Section 51.03

(a) Delinquent conduct is defined as:

1. conduct, other than a traffic offense, that violates a penal law of Texas or of the United States punishable by imprisonment or by confinement in jail;
2. conduct that violates a lawful order of a municipal court or justice court under circumstances that would constitute contempt of that court;
3. conduct that constitutes: Driving While Intoxicated (DWI), Flying While Intoxicated, Boating While Intoxicated, Intoxication Assault, Intoxication Manslaughter, and Driving Under the Influence of Alcohol by a minor (DUI).

(b) Conduct indicating a need for supervision includes:

1. conduct, other than a traffic offense, that violates the penal laws of Texas of the grade of misdemeanor that are punishable by a fine only (class c-misdemeanors); the penal ordinances of any political subdivision of Texas; the absence of a child on 10 or more days or parts of days within a 6 month period in the same school year or on 3 or more days or parts of days within a 4 week period from school; the voluntary absence of a child from the child's home without the consent of the child's parents or guardian for a substantial length of time or without intent to return; conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint; or 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), Texas Education Code.

Release from Detention: Texas Family Code Section 53.02

(a) If a child is brought before the court or delivered to a detention facility, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless it appears that his detention is warranted under subsection (b), below.

The release may be conditioned upon requirements reasonably necessary to insure the child's appearance at later proceedings, but the conditions of the release must be in writing and filed with the office or official designated by the court and a copy furnished to the child.

(b) A child taken into custody may be detained prior to hearing on the petition only if:

1. the child is likely to abscond or be removed from the court's jurisdiction;
2. suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;
3. the child has no parent, guardian, custodian, or other person able to return the child to the court when required;
4. the child may be dangerous to himself or herself or the child may threaten the safety of the public if released;
5. the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released; or
6. the child's detention is required under subsection (f), below.

(c) If the child is not released, a request for detention hearing shall be made and promptly presented to the court, and an informal detention hearing shall be held promptly, but not later than the second working day after the child is taken into custody. If the child is taken into custody on a Friday or Saturday, then the detention hearing shall be held on the first working day after the child is taken into custody.

(d) A release of a child to an adult must be conditioned on the agreement of the adult to be subject to the jurisdiction of the juvenile court and to an order of contempt by the court if the adult, after notification, is unable to produce the child at later proceedings.

(e) If a child being released under this section is expelled from school in a county with a population greater than 125,000, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.

(f) A child who is alleged to have engaged in delinquent conduct and to have used, possessed, or exhibited a firearm in the commission of the offense shall be detained until the child is released at the direction of the judge of the juvenile court, a substitute judge, or a referee appointed, including an oral direction by telephone, or until a detention hearing is held.

Detention Hearing: Texas Family Code Section 54.01

(a) Generally speaking, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; provided, however, that when a child is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the child is taken into custody.

(b) Reasonable notice of the detention hearing, either oral or written, shall be given, stating the time, place, and purpose of the hearing. Notice shall be given to the child and, if they can be found, to his parents, guardian, or custodian. Prior to the beginning of the hearing, the court shall inform the parties of the child's right to counsel and to appointed counsel if they are indigent and of the child's right to remain silent with respect to any allegations of delinquent conduct or conduct indicating a need for supervision.

(c) At the detention hearing, the court may consider written reports from probation officers, professional court employees, or by professional consultants in addition to the testimony of witnesses. Prior to the detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision. The court may order counsel not to reveal items to the child or his parents if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.

(d) A detention hearing may be held without the presence of the child's parents if the court has been unable to locate them. If no parent or guardian is present, the court shall appoint counsel or a guardian ad litem for the child.

(e) At the conclusion of the hearing the court shall order the child released from detention unless it appears that he is likely to abscond, suitable supervision is not being provided to the child, he has no parent or guardian able to return the child to court when required, he may be dangerous to himself or others, or he has previously been found to be a delinquent child or has been previously convicted of a penal offense higher than a Class C misdemeanor and is likely to commit an offense if released. If the judge concludes that the child should be detained, the detention order extends for no more than 10 working days. Further detention orders may be made following subsequent detention hearings. The initial detention hearing may not be waived, but subsequent detention hearing may be waived.

Note: No statement made by the child at the detention hearing shall be admissible against the child at any other hearing.

Preliminary Investigation & Determinations; Notice to Parents:

Texas Family Code Section 53.01

On referral of a child, the intake officer, probation officer, or other person authorized by the court shall conduct a preliminary investigation to determine whether the person referred is a child and whether there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision. If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released. The child's parents are to promptly receive notice of the whereabouts of the child and also a statement explaining why the child was taken into custody. If the child is alleged to have engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, or club, then the case is immediately forwarded to the office of the prosecuting attorney.

Summons: Texas Family Code Section 53.06

The juvenile court shall direct issuance of a summons to the child named in the petition, the child's parents, guardian, or custodian, the child's guardian ad litem, and any other person who appears to the court to be a proper or necessary party to the proceeding. A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

Service of Summons: Texas Family Code Section 53.07

If a person to be served with a summons is in Texas and can be found, the summons shall be served upon him personally at least 2 days before the adjudication hearing. If he is in Texas but cannot be found, but his address is known or can be ascertained, the summons may be served on him by mailing a copy by registered or certified mail, return receipt requested, at least 5 days before the day of the hearing. If he is outside Texas but can be found or his address is known, service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered mail, return receipt requested, at least 5 days before the day of the adjudication hearing.

Attendance at Hearing: Parent or Other Guardian: Texas Family Code Section 51.115

Parents or guardians of a child are required by law to attend each court hearing affecting a child held under: possible transfer to criminal district/adult court; adjudication hearing; disposition hearing; hearing to modify disposition; release or transfer hearing. If a parent or guardian receives notice of any of these proceedings and is a resident of Texas, failure to appear could result in a fine for contempt of court.

Photographs & Fingerprints of Children: Texas Family Code Sections 58.002-0021

With limited exceptions, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail (which means a Class A or Class B misdemeanor). However, this prohibition does not prohibit law enforcement from photographing or fingerprinting a child who is not in custody if the child's parent or guardian voluntarily consents in writing. Furthermore, this prohibition does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card.

Note/Exception to General Rule stated above: Law enforcement may take temporary custody of a child to take the child's fingerprints if the officer: has probable cause to believe that the child has engaged in delinquent conduct; the officer has investigated that conduct and found other fingerprints during the investigation; and the officer has probable cause to believe that the child's fingerprints will match the other fingerprints. Law enforcement may take temporary custody of a child to take the child's photograph if the officer: has probable cause to believe that the child has engaged in delinquent conduct; and the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of the conduct. However, in either instance, unless the child then placed under arrest, the child must be released from temporary custody as soon as the fingerprints or photographs are obtained.

Waiver of Rights: Texas Family Code Section 51.09

Unless a contrary intent clearly appears elsewhere in the Family Code, any right granted to a child by this Section or by the constitution or laws of Texas or the United States may be waived in proceedings under this section 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.

Polygraph Examination: Texas Family Code Section 51.151

If a child is taken into custody pursuant to an order of the juvenile court or pursuant to the laws of arrest by a law enforcement officer, 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 a criminal district court for prosecution in the adult system. Bottom line: Do not consent to a polygraph examination without consulting with your lawyer.

Physical or Mental Examination: Texas Family Code Section 51.20

(a) At any stage of the proceedings 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 the local mental health or mental retardation authority or another appropriate expert, including a physician, psychiatrist, or psychologist.

(b) If, after conducting an examination of a child 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 prosecutor has filed a court petition against the child alleging delinquent conduct or conduct indicating a need for supervision.

Election Between Juvenile Court & Alternate Juvenile Court:

Texas Family Code Section 51.18

(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 to practice in Texas.

(b) On any matter that may lead to an order appealable under Section 56.01 of the Family 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 section, 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.

Transfer/Waiver: Texas Family Code Section 54.02

The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate criminal district court to be tried as an adult if the child is alleged to have violated a penal law of the grade of felony if the child was 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree; or 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony.

The juvenile court judge is not required to certify a child to stand trial as an adult. It's a judgment call. The juvenile court judge will investigate the matter and hold a hearing on the transfer request. The judge orders a complete diagnostic study, social evaluation, and a full investigation of the child, his circumstances, and the circumstances of the alleged offense. At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. In making her decision whether to transfer the case to the adult court, the judge considers: (1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against a person; (2) the sophistication and maturity of the child; (3) the record and previous history of the child; and (4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use or procedures, services, and facilities currently available to the juvenile court.

Determinate Sentencing: Texas Family Code Section 53.045

If a child is accused of a very serious criminal violation, or habitual felony conduct (see section below), the prosecutor can pursue what is called determinate sentencing. In order to pursue determinate sentencing the prosecutor files a petition with the grand jury, basically asking the grand jury to grant the prosecutor's request to pursue determinate sentencing if the child is convicted. If 9 members of the grand jury approve the petition, then determinate sentencing becomes a viable sentencing option for the judge/jury if the child is convicted of the offense. Determinate sentencing doesn't mean that the child will be tried as an adult in a criminal district court. The case remains in the juvenile court even if the grand jury grants the request for determinate sentencing. but the stakes for the child are raised dramatically if the grand jury grants the prosecutor's petition for determinate sentencing.

Eligibility: The prosecutor can pursue determinate sentencing if the child is charged with habitual felony conduct, or if the child is charged with any of the following offenses:

capital murder, murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, aggravated robbery, injury to a child, elderly, or disabled individual if punishable as a felony other than a state jail felony, felony deadly conduct involving the discharge of a firearm, aggravated controlled substance felony, criminal solicitation of a minor, indecency with a child, arson, if bodily injury or death is suffered by any person by reason of the commission of the arson, intoxication manslaughter, or attempted murder or attempted capital murder. If your child is charged with one of the offenses listed above, she is eligible for determinate sentencing even if this is her first offense.

Impact: If the grand jury grants the prosecutor's request to impose determinate sentencing, and the child is convicted of habitual felony conduct or any of the offenses listed above, then the court or jury may sentence the child to commitment in the Texas Youth Commission with a possible transfer to the institutional division of the Texas Department of Criminal Justice (adult prison system) for a term of: up to 40 years if the conduct constitutes a capital felony, first-degree felony, or an aggravated controlled substance felony; up to 20 years if the conduct constitutes a second-degree felony; and up to 10 years if the conduct constitutes a third-degree felony. So instead of being sent to the Texas Youth Commission until the child turns 18, determinate sentencing would allow the child to be sentenced to up to 40 years in the adult prison system by a judge or jury.

Habitual Felony Conduct: Texas Family Code Section 51.031

(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 2 previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony; and,
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 have been exhausted.

Review by Prosecutor: Texas Family Code Section 53.012

The prosecuting attorney shall promptly review the circumstances and allegations of a referral made to her for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found during the court's preliminary investigation.

If the prosecutor does not file a petition requesting the adjudication of the child referred to the prosecutor, the prosecutor must terminate all proceedings, if the reason is for the lack of probable cause; or return the referral to the juvenile probation department for further proceedings.

The prosecutors have considerable discretion and control over your child's case.

Deferred Prosecution: Texas Family Code Section 53.03

(a) Subject to subsections (e) and (g) below, if the preliminary investigation results in a determination that further proceedings in the case are authorized, the probation officer or other designated officer of the court, subject to the direction of the juvenile court, may advise the parties for a reasonable period of time not to exceed 6 months concerning deferred prosecution and rehabilitation of a child if:

1. deferred prosecution would be in the best interest of the public and child;
2. the child and her parent, guardian, or custodian consent with knowledge that consent is not obligatory; and
3. the child and his parent, guardian, or custodian are informed that they may terminate the deferred prosecution at any point and petition the court for a court hearing in the case.

(b) Except as otherwise permitted, the child may not be detained during or as a result of the deferred prosecution process.

(c) An incriminating statement made by a participant to the person giving advice and in the discussion or conferences incident thereto may not be used against the declarant in any court hearing.

(d) The court may adopt a fee schedule for deferred prosecution services. The maximum fee is $15 per month.

(e) The prosecuting attorney may defer prosecution for any child. A probation officer or other designated officer of the court may defer prosecution for a child who has previously been adjudicated for conduct that constitutes a felony only if the prosecuting attorney consents in writing.

(f) The probation officer or other officer supervising a program of deferred prosecution for a child shall report to the juvenile court any violation by the child of the program.

(g) Prosecution may not be deferred for a child alleged to have engaged in conduct that constitutes: driving/flying/boating while intoxicated, intoxication assault, intoxication manslaughter, or that constitutes a third or subsequent offense of consumption of alcohol by a minor or driving under the influence of alcohol (DUI) of a minor.

First Offender Program: Texas Family Code Section 52.031

A juvenile board may establish a first offender program for the referral and disposition of children taken into custody for: (1) conduct indicating a need for supervision; or (2) delinquent conduct other than conduct that constitutes a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, or a prohibited weapon, as described by Section 46.05, Texas Penal Code. If the child has previously been adjudicated as having engaged in delinquent conduct he may be ineligible for the First Offender Program. Also, the child's parents or guardian must receive notice that the child has been referred for disposition under the First Offender Program.

Teen Court Program: Texas Family Code Section 54.032

A juvenile court may defer adjudication proceedings during an adjudication hearing for not more than 180 days if the child:

(1) is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of Texas of the grade of misdemeanor that is punishable by a fine only or a penal ordinance of a political subdivision of Texas;

(2) waives the privilege against self-incrimination and testifies under oath that the allegations are true;

(3) presents to the court an oral or written request to attend a teen court program; and

(4) has not successfully completed a teen court program for the violation of the same penal law or ordinance in the two years preceding the date that the alleged conduct occurred.

Note: The teen court program must be approved by the court.

Adjudication Hearing: Texas Family Code Section 54.03

This is what is commonly referred to as the "guilty-not guilty" phase of a trial. A child may be found to have engaged in delinquent conduct or conduct indicating a need for supervision only after an adjudication hearing. The child is presumed innocent unless and until the prosecution proves that the child is guilty of the charge beyond a reasonable doubt. The burden of proof is on the state. The verdict must be unanimous.

At the beginning of an adjudication hearing the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem: the allegations made against the child; the nature and possible consequences of the proceedings; the child's privilege against self-incrimination; the child's right to trial and to confront witnesses; the child's right to representation by an attorney if he is not already represented; and the child's right to a trial by jury.

Only material, relevant, and competent evidence in accordance with the Texas Rules of Criminal Evidence may be considered in an adjudication hearing. Hearsay testimony is generally not admissible. A statement made by the child out of court is insufficient to support a finding of delinquent conduct or conduct indicating a need for supervision unless it is corroborated in whole or in part by other evidence. An adjudication of delinquent conduct or conduct indicating a need for supervision cannot be had upon testimony of an accomplice unless corroborated by other evidence tending to connect the child with the alleged delinquent conduct or conduct indicating a need for supervision; and the corroboration is not sufficient if it merely shows the commission of the alleged conduct. Finally, evidence illegally seized or obtained is inadmissible in an adjudication hearing.

A child may be found guilty of committing a lesser-included offense of the offense charged.

If the judge or jury finds that the child did engage in delinquent conduct or conduct indicating a need for supervision, then the court or jury shall state which of the allegations in the petition were found to be established by the evidence. The court will then set a date and time for the disposition hearing.

If the judge or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision, the court shall dismiss the case with prejudice.

Disposition Hearing: Texas Family Code Section 54.04

This term can be confusing. What we're talking about here is the "sentencing" phase of the proceedings. The disposition hearing only comes into play if the child has been found guilty of the delinquent conduct or criminal activity alleged in the petition. If the child is found not guilty of all allegations during the adjudication hearing then there is no disposition hearing.

The disposition hearing is separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence as approved by the grand jury. If the child is eligible for determinate sentencing, then the child is entitled to a jury of 12 persons to determine the sentence.

At the disposition hearing, the juvenile court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Prior to the disposition hearing, the child's lawyer is to have received all written matter to be considered in disposition. No disposition may be made unless the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made. No disposition placing the child on probation outside the child's home may be made under this section unless the court or jury finds that the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation. If the judge or jury grant probation, the court will attach various conditions of the probation. Depending on the nature of the charges and the child's criminal history, if probation is not granted, the child could be sentenced to a term of confinement in the Texas Youth Commission.

Payment of Probation Fees: Texas Family Code Section 54.061

If a child is placed on probation, the juvenile court, after giving the child, parent, or other person responsible for the child's support, a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay to the court a fee of not more than $15 a month during the period that the child continues on probation. If the court finds that a child, parent, or other person responsible for the child's support is financially unable to pay the probation fee, the court shall enter into the records of the child's case a statement of that finding.

Monitoring School Attendance: Texas Family Code Section 54.043

If the court places a child on probation and requires as a condition of probation that the child attend school, the probation officer shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.

Restitution: Texas Family Code Section 54.048

A juvenile court, in a disposition hearing, may order restitution to be made by the child and the child's parents. This applies regardless of whether the petition in the case contains a plea for restitution.

Admission of Unadjudicated Conduct: Section 54.045

During a disposition hearing, a child may admit having engaged in delinquent conduct or conduct indicating a need for supervision for which the child has not been adjudicated and request the court to take the admitted conduct into account in the disposition of the child's pending case. If the prosecutor agrees in writing, then the court may take the admitted conduct into account in the disposition of the child. However, a court may take into account admitted conduct over with exclusive venue lies in another county only if the court obtains the written permission of the prosecuting attorney for that county. A child may not be adjudicated by any court for having engaged in conduct taken into account under this section unless the conduct taken into account included conduct that took place in another county and the written permission of the prosecuting attorney of that county was not obtained.

Community Service: Texas Family Code Section 54.044

If the court places a child on probation, the court shall require as a condition of probation that the child work a specified number of hours at a community service project approved by the court and designated by the juvenile probation department. This requirement may be waived if the court finds that the child is physically or mentally incapable of participating in the project or that participating in the project will be a hardship on the child or his family or that the child has shown good cause that community service should not be required.

Note: The court may also order that the child's parent perform community service with the child.

Child Placed on Probation for Conduct Involving a Handgun:

Texas Family Code Section 54.0406

(a) If a court or jury places a child on probation for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, and if at the adjudication hearing the court or the jury affirmatively finds that the child personally possessed, carried, used, or exhibited a handgun, the court must require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of any person involved in the acquisition. The juvenile probation officer is then to relay any relevant information regarding the handgun to the police. Your lawyer should be with you when this takes place.

Note: Information provided by the child to the juvenile probation officer regarding the acquisition of the handgun and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.

Rights of Appeal: Warning: Texas Family Code Section 54.034

Before the court may accept a child's plea or stipulation of evidence in a proceeding under this title, the court must inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court pursuant to an adjudication hearing, a disposition hearing, or a hearing to modify disposition, unless the court gives the child permission to appeal; or the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence. An appeal from an order of a juvenile court is to the court of appeals and the case may be carried to the Texas Supreme Court by writ of error or upon certificate, as in civil cases generally. The requirements governing a juvenile appeal are as in civil cases generally.

Note: An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of the person, institution, or agency to whose care the child is committed, unless the juvenile court so orders. However, the appellate court may provide for a personal bond pending the appeal.

Sealing Juvenile Records: Texas Family Code Section 58.003

One of the most important things that can be done for a juvenile is to get the juvenile records sealed as soon as allowed by law.

The benefits of sealing a child's juvenile records are immense. Once the records are sealed, information relating to the arrest, detention, prosecution, and conviction, are physically sealed and/or destroyed. This means that the child can start adulthood with a "clean" slate. And it also means that the child is authorized by law to say that he has never been convicted.

Section 58.003 of the Texas Family Code provides that, except for juveniles who received a determinate sentence for engaging in delinquent conduct that violated a penal law such as murder, capital murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, injury to a child/elderly/disabled person, arson, indecency with a child, etc., or engaged in habitual felony conduct, the juvenile records may be sealed if the court finds that 2 years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and if since that time the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.

A court may also order the sealing of records concerning a juvenile adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony (not including many determinate sentences) if: the person is 21 years of age or older; the person was not transferred by a juvenile court to an adult criminal court for prosecution; the records have not been used as evidence in the punishment phase of a criminal proceeding under Article 37.07, Code of Texas Criminal Procedure; and if the person has not been convicted of a penal law of the grade of felony after becoming age 17.

If a child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing (guilt/innocence) the child is found to be not guilty of each offense alleged, the court shall immediately order the sealing of all files and records relating to the case.

David Finn is board certified in criminal law by the Texas Board of Legal Specialization. Call today for a free initial consultation.

The information contained in this web site is intended to convey general information about David Finn, PC. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet to David Finn, PC using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.

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2. A juvenile has the right to have an attorney present during interrogation.