TCOLE Juvenile Law (Texas Family Code) — Questions and Answers
Question 1: Under the Texas Family Code, a 'child' for juvenile justice purposes is a person who is:
- Under 18 years of age
- 10 years of age or older and under 17 (Correct answer)
- 13 years of age or older and under 18
- Under 21 years of age
Correct answer: 10 years of age or older and under 17
Family Code 51.02 defines a child as someone 10 years or older and under 17 years old (or 17 or older and under 18 who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision before turning 17). Texas treats 17-year-olds as adults in the criminal system.
Question 2: Which of the following is 'conduct indicating a need for supervision' (CINS) rather than delinquent conduct?
- Aggravated robbery
- Burglary of a habitation
- Truancy (unexcused absences from school) (Correct answer)
- Murder
Correct answer: Truancy (unexcused absences from school)
CINS covers non-criminal status-type conduct such as truancy, running away, and certain fine-only offenses. Felonies like robbery, burglary, and murder are delinquent conduct.
Question 3: When an officer takes a child into custody, what is the officer's duty regarding the child's release or delivery?
- Hold the child at the scene until a parent arrives
- Place the child in the adult jail temporarily
- Without unnecessary delay, release the child to a parent or guardian, bring the child to a juvenile processing office, or take another action authorized by Family Code 52.02 (Correct answer)
- Wait until the next business day to decide
Correct answer: Without unnecessary delay, release the child to a parent or guardian, bring the child to a juvenile processing office, or take another action authorized by Family Code 52.02
Family Code 52.02 requires that a child taken into custody be released, taken to a juvenile processing office, taken to a detention facility or designated place, or taken to a medical facility, as applicable, without unnecessary delay.
Question 4: What is the maximum time a child may be detained in a juvenile processing office?
- One hour
- Six hours (Correct answer)
- Twelve hours
- Twenty-four hours
Correct answer: Six hours
Under Family Code 52.025, a child may be detained in a juvenile processing office for no longer than six hours.
Question 5: May a child taken into custody be held in a jail cell or lockup alongside adult arrestees?
- Yes, if separated by a curtain
- Yes, for up to six hours
- No, a child may not be detained in a place of confinement where the child has contact with adults accused of or convicted of a crime (Correct answer)
- Yes, if the child is 16
Correct answer: No, a child may not be detained in a place of confinement where the child has contact with adults accused of or convicted of a crime
Family Code 51.12 and 52.025 prohibit detaining a child where they would have contact with adult offenders. Children are held in separate juvenile facilities or designated processing offices.
Question 6: Which person must give a juvenile their statutory warnings before a written statement is taken, as required by Family Code 51.095?
- A magistrate or, under certain conditions, a law enforcement officer who has complied with the statute (Correct answer)
- Only a school principal
- Only a parent
- No warnings are required for juveniles
Correct answer: A magistrate or, under certain conditions, a law enforcement officer who has complied with the statute
Section 51.095 sets out when a child's statement is admissible. The child must receive warnings from a magistrate, or the officer must follow statutory procedures that include warnings and the child's waiver of rights. The rules are stricter than for adults.
