Family Code · §52.02

Juvenile Justice

Juvenile Justice is covered under §52.02 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Released to parent / guardian / approved adult, OR; Brought to juvenile processing office, OR; Brought to detention facility designated by juvenile board; Without unnecessary delay; no adult lockup.

Elements you must prove

  • Released to parent / guardian / approved adult, OR
  • Brought to juvenile processing office, OR
  • Brought to detention facility designated by juvenile board
  • Without unnecessary delay; no adult lockup

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Worked examples

Worked example 1

Under Tex. Fam. Code §52.02, a juvenile taken into custody must be:

  1. Held indefinitely
  2. Promptly released to parent / guardian; OR taken to a juvenile processing office or detention facility designated by the juvenile board; OR brought before the office or official designated by the juvenile court — without unnecessary delay Correct
  3. Held with adults
  4. Released only after charging
Why: Juveniles must be taken to a juvenile processing office or designated facility, or released to parents — without unnecessary delay. Juveniles cannot be held in adult lockup absent statutory exception.
Statute: Tex. Fam. Code §52.02