Texas Family Code 52.03 – Disposition Without Referral to Court
(a) A law-enforcement officer authorized by this title to take a child into custody may dispose of the case of a child taken into custody or accused of a Class C misdemeanor, other than a traffic offense, without referral to juvenile court or charging a child in a court of competent criminal jurisdiction, if:
(1) guidelines for such disposition have been adopted by the juvenile board of the county in which the disposition is made as required by § 52.032;
(2) the disposition is authorized by the guidelines; and
(3) the officer makes a written report of the officer’s disposition to the law-enforcement agency, identifying the child and specifying the grounds for believing that the taking into custody or accusation of criminal conduct was authorized.
(b) No disposition authorized by this section may involve:
(1) keeping the child in law-enforcement custody; or
(2) requiring periodic reporting of the child to a law-enforcement officer, law-enforcement agency, or other agency.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Family Code 52.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A disposition authorized by this section may involve:
(1) referral of the child to an agency other than the juvenile court;
(2) a brief conference with the child and his parent, guardian, or custodian; or
(3) referral of the child and the child’s parent, guardian, or custodian for services under § 137.152, Human Resources Code.
(d) Statistics indicating the number and kind of dispositions made by a law-enforcement agency under the authority of this section shall be reported at least annually to the office or official designated by the juvenile board, as ordered by the board.