Family Code Flashcards

Question

Authorization Agreement Which relatives can sign

Answer 1

Between Parent and Relative 1. Grandparent 2. Adult sibling 3. Adult aunt or uncle

Answer 2

1. Medical 2. Dental 3. Psychological 4. Surgical 5. Immunizations 6. Medical and Car insurance 7. Enrollment in school or day care 8. Sports enrollment 9. D.L. 10. Job 11. Public benefits **NO ABORTIONS**

Answer 3

1. Name and signature of relative 2. Relationship to child 3. Relative’s address and phone number 4. Same info for parent or parents 5. Statement giving authorization and agreement of both 6. Statement that no court or other has jurisdiction 7. No custody or court issues 8. Court gave written approval with : - county - # of court - Cause # 9. Change of address for either party

Answer 4

Agreement is void unless a copy is mailed to a parent that was not a party to the agreement **and** that parent’s rights have not been terminated. *no later than 10th day after signed* **No right of a relative to agree to an abortion**

Answer 5

Signed and notarized Must have written order if there is pending litigation, custody, etc.

Answer 6

If either party terminated in writing: 1. Written notice to other 2. Files with County Clerk’s Office - child resides - child resided at time of A.E. - relative resides, and - clerk of each court for litigation, etc. *Either parent can void w/o the other’s consent* **M-B for false statements, duress or misrepresentations**

Answer 7

1. Assault or Assault by Threat against a family member or member of household. 2. Abuse (261.001) 3. Dating Violence (has had a dating relationship)

Answer 8

1. Adult member of family or household 2. Dating Violence - Adult member of dating relationship 3. Any adult may file for PO to protect a child from FV 4. Prosecuting Attorney 5. Dept of Protective and Regulatory Services (CPS)

Answer 9

Up to 2 years If time period is not stated, must wat 1 year before filing motion If it expires while in prison, good for 1 more year after release.

Answer 10

Hearing - unless reversed by applicant, court has **14 days** to set a hearing IF a PO applies to each person, a separate PO shall be issued to each, not one covering husband and wife. If person is required to undergo counseling as required, that person has **60 days** to file an affidavit that they will begin class.

Answer 11

Can be issued immediately if there is clear danger **Good for 20 days** and upon request can be **extended an additional 20 days** Any individual affected can file a motion to vacate the order. ASAP for date of hearing Exclusion from residence: Applicant must have lived there within **30 days** of application. The person excluded committed FV within **30 days** of application.

Answer 12

Relationship between two people who have or had a continuing relationship of a romantic or intimate nature based on: 1. Length of relationship 2. Nature of relationship 3. Frequency and type of interaction

Answer 13

Dating Relationship - Romatic or intimate (71.00213) Persons related by blood or marriage (71.003) Former Spouses (71.003) Parents of the same child (71.003) Foster Child & Foster Parent (living together or not)

Answer 14

From (71.005) Unit with persons living together without regard to whether they are related.

Answer 15

From (71.006) Includes a person who previously lived in a household.

Answer 16

Two people are related if: 1. One is a descendant of the other 2. They share a common ancestor

Answer 17

Two people are related to each other if: 1. They are married to each other; or 2. The spouse of one is related by consanguinity to the other *In-laws* 3. Divorce or death of a spouse ends relationships of affinity created by that marriage unless a child of the marriage is living, in which case the marriage is considered to continue as long as the child lives.

Answer 18

1. DPS 2. Texas Welfare Comission 3. National Directory of New Hires 4. State Case Registry 5. Secretary of State - from registered voter info

Answer 19

1. Have physical possession, religious training, designate residence 2. Care, control, protection & reasonable discipline of child 3. Duty to support the child: medical, food, clothing, school 4. Manage child’s estate 5. Right to services and earnings 6. Right to consent to marriage, armed forces, medical 7. Right to represent child in legal action 8. Child support

Answer 20

**3 months** behind in child support Hearing and motion to stay must be files within **20 days**

Answer 21

1. Mental or emotional injury (impairs growth or function) 2.Cause or permit child to be in situation causing #1 3. Physical injury resulting in substantial harm 4. Failure to prevent another’s actions resulting in #2 5. Sexual conduct including sex offenses in penal code 6. Failure to prevent sex conduct harmful to child 7. Compelling or encouraging child to engage in sex conduct 8. Cause, permit, encourage or allow obscene pornographic filming of child 9. Current use of a C/S by a person that cause mental or emotional injury to a child 10. Cause, permit a child to use a C/S 11. Cause, permit, encourage, engage or allow a sexual performance by a child.

Answer 22

Leaving a child in a situation where child would be exposed to substantial risk of harm - physically or emotionally w/o arranging for care and demonstrating an intent not to return by a parent.

Answer 23

Lies during custody suit about abuse **civil penalty up to $500**

Answer 24

Child charged with an offense *other* than: 1. Perjury 2. Traffic Violation 3. Class C fine only 4. Municipal Ordinace (unless already transferred under 54.02) *these all stay in original court* **If there is a pending complaint of a misdemeanor other than traffic** Waive jurisdiction if 2 or more convictions.

Answer 25

Statement can be made in writing after Miranda while: 1. Child is in detention facility or other confinement 2. In custody of an officer 3. During or after interrogation of the child by an officer if child is in protective services and has broken penal code

Answer 26

Made orally and recorded by recording device and after receiving Miranda **AND** child waives rights: 1. Recording is good and not altered 2. Each voice is identified 3. Not later than **20 days** lawyer gets a copy

Answer 27

A child’s right to representation by attorney **SHALL NOT** be waived in: 1. Hearing for transfer to criminal court 2. Adjudication hearing 3. Disposition hearing 4. Hearing prior to commitment to TYC 5. Hearings for child with mental illness **Attorney shall have 10 days to prepare for: 1. Any adjudication hearing 2. Transfer hearing**

Answer 28

Under section (d) the warning must be as follows: 1. Magistrate reads Miranda rights 2. Child must sign statement w/o an officer or prosecutor present 3. Signed by magistrate **can have a bailiff, but no gun visible**

Answer 29

1. Misdemeanor offenses (fine only) 2. School absence - 10 days in 6 month period, or 3+ days in 1 month 3. Runaway (not married, divorced or widowed) 4. Huffing 5. Violating a court order

Answer 30

1. Conduct punishable by prison or jail 2. Conduct violating a court order constituting contempt of court 3. DWI 4. DUI - Minor 3 or more times

Answer 31

A referee can conduct the hearing If an objection is made, judge can hold hearing within 24 hours Juv judge shall adopt, reject not late than the next working day after the judge receives the recommendation If de novo is conducted w/o attorney, he must make a request no later than 10th working day. Court must find P.C. and make finding within 48 hours including weekends and holidays. If child is in County jail - 24 hours EXCLUDING weekends and holidays Child must be released within 30 working days for capital felony, First Deg Felony, Agg C/S felony. Released within 15 working days for others if no petition filed.

Answer 32

Child may be taken into custody by: 1. Order of juvenile court 2. Pursuant to laws of arrest 3. By LEO if there is PC A. Broken penal law B. Delinquent conduct or child in need of supervision C. Probation violation 4. Probation officer A. Violated probation conditions B. Violated conditions of release 5. Directive to apprehend (warrant)

Answer 33

If child is in custody or will be in custody Hearing will not be later than 10 days after the day the petition was filed.

Answer 34

Person in this state and they are **found**: - must be **2 days** before adjudication hearing Person in this state, NOT found, but address is good - mail certified copy **5 days** before hearing. Outside of state and address is good - certified mail w/return receipt **5 days** before hearing

Answer 35

If child is not released, a hearing will be held **no later than 2nd working day** Child shall be released unless he is not going to return. *No statement made at hearing can be used at another hearing* Initial hearing cannot be waived Subsequent detention orders will be no more than 10 days, 15 days if child is not in a certified detention facility. Child can be detained as long as 10 days before hearing if they are in a shelter waiting for transportation **and** judge signs

Answer 36

Delinquent conduct or child in need of supervision Juvenile board designates 1 or more courts 1. if county court is selected, must have one other court A. No jurisdiction over violent or habitual offenders 2. If judge of court is **NOT** an attorney, 1 other court must be designated, **MUST** be a juvenile court designated for each county. 3. If judge of unavailable, *ANY* magistrate may make a determination under 53.02(f) - firearm used or exhibited during delinquent conduct, **SHALL** be detained until released by juvenile court judge. *Referee* - attorney appointed to make determinations or conduct hearings 53.02(f) County < 100,000 - Juvenile court has concurrent jurisdiction w/ JP and municipal court for skipping school 25.094 Education Code

Answer 37

Proceedings shall be conducted : 1. County where it happened 2. Where child currently lives but only if child is currently on probation there - Cannot tell where crime occurred - County where child lives agrees in writing Writ of Habias Corpus for person in TYC hall be in country where the entered judgement of commitment is located

Answer 38

Juvenile court may transfer case to county where child lives for disposition of the case. Consent by the county court where the child lives **is not** required

Answer 39

Juvenile case can be disposed w/o referral if: 1. Guidelines for disposition have been adopted by Juv. Board 2. Disposition is authorized by those guidelines 3. Officer makes written report No disposition authorized in this section may involve the following: 1. Keeping the child in L.E. Custody 2. Reporting of child to LEO, Agency or other Agency Disposition **can** authorize: 1. Referral of child to agency other than Juv. Court 2. Brief conference w.child and parents, guardians, etc. 3. Referral of child and parents for services Dispositions must be reported annually.

Answer 40

Juv. Board can establish a 1st offender program for referrals and dispositions of: 1. Child in need of supervision 2. Delinquent conduct **NOT** for: 1. F1, F2 or F3 2. Agg controlled substance felony (man/del, large amounts) 3. Capital felony 4. SJF or misdemeanor involving violence to a person or use/possession of a firearm, illegal knife, club or prohibited weapon. Juv. Board will designate 1 or more officers and agencies (LE) to process a child under this program.

Answer 41

Officers can refer a child to designated office or agency in lieu of referral to Juv. Court if: 1. No adjudication for previous delinquent conduct 2. It complies with guidelines 3. officer makes a report 4. Child cannot be in LE custody 5. Parents are notified of referral

Answer 42

Dispositions may include: 1. Voluntary restitutions to victims 2. Voluntary community service 3. Education, vocational training, counseling or rehab 4. Periodic reporting to the LE agency or Officer once case is closed. Child cannot be referred to the Juv Court unless child completes program *but* is taken back into custody for an offense within **90 days** Child **shall** be referred if: 1. Child does not complete the program 2. Child, parent terminates participation Statements made by child to a person giving advice or supervision about the program may **not** be used against the child in court.

Answer 43

The following must accompany referral of child to Juv Board: 1. All info in possession of the Agency pertaining to: child’s name, address, name and address of parent, name and address of witnesses and where the child is 2. Complete statement about illegal conduct 3. When applicable, statement concerning info about custody 4. If LE - all prior contacts w/child by that agency Juv Board may refer cases to LE agency for investigation. If board refers case to DA or CA for investigation, the agency must first transfer case to juvenile probation for stats. Only juvenile probation has **3** business days to sent it back to the DA or CA to complete investigation.

Answer 44

County jail no longer than 6 months, $500 fine or both

Answer 45

Juvenile Dept may certify and transfer sentence to TYC under Determinate Sentence: 40 years, 20 years, 10 years Structured residential program: 12 months to 10 years

Answer 46

Commit Child to TYC or: 1. Residential program for 9-24 months Require patrols officer to closely monitor for no less than 6 months TYC may discharge when done or reach 19th birthday

Answer 47

As a condition of probation: 1. Place child in post-adjudication secure correctional A. 6-12 months B. Continue probation after sentence

Answer 48

Juvenile Court or Probation Department may **NOT** engage in courtesy supervision with another jurisdiction *Exception* 51.075 - **Adjoining counties** if child lives, works, etc in one county and is on probation in another.

Answer 49

Rights may be waived in proceedings is: 1. Made by child and attorney for child 2. Both are informed of consequences and are informed of rights and understanding them 3. Voluntary 4. Made in writing or in **recorded** court proceedings

Answer 50

Level 1 - Child in need of Super, M/A or M/B Level 2 - Huffing or Expelled student or M/A or M/B Level 3 - Misd w/firearm, SJF or F3 Level 4 - F2 Level 5 - F1 Level 6 - F1 w/ Deadly weapon or SBI, Agg C/S, Capital Level 7 - Same as 6, with habitual felon or transferred to criminal court (big boy court)

Answer 51

1. Counseling 2. Possible progressive sanctions 3. Release child to parents

Answer 52

1. May place the child on deferred prosecution for 3 months 2. Make restitution or community service restitution 3. Impose additional conditions of probation

Answer 53

1. Place child on probation for up to **6 months** 2. Restitution 3. Require probation officer to closely monitor.

Answer 54

1. Probation A. 3-12 months intensive services B. Confine after the above 2. Restitution 3. Same as levels 1, 2, 3

Answer 55

Advise parties no longer than 6 months Maximum fee of $15.00 Prosecutor may defer for any child if applicable Probation officer can only if prosecutor consents in writing Child cannot be on deferred for a combined period longer than 1 year **Not for DWI**

Answer 56

A felony (not SJF) if: 1. 2 previous delinquent conduct felonies and 2nd felony has to be after the 1st 2. All appeals are over Any offense before *1996* can’t be used under this section

Answer 57

You can take a statement of a child if they are **not** in custody Or W/o regard to whether statement is taken while child in custody, the statement is voluntary and has a bearing on the credibility of the child as a witness.

Answer 58

1. Res Gestae statements of delinquent conduct or conduct indicating need for supervision 2. Statement is made in: A. Open court at adjudication hearing B. Before grand jury considering a petition under section 53.045 (violent or habitual offenders) C. Preliminary hearing concerning child held in compliance.

Answer 59

Statement is made orally and child says something or makes a statement of facts that are found to be true and establishes guilt of the child. I.E. location of stolen property

Answer 60

1. Statement is in writing while child is: A. In a detention facility B. In custody of an officer, or C. During or after interrogation by and officer the child is in CPS and suspected of breaking penal law. 2. Magistrate reads the Miranda warning to the child 3. Child signs statement in front of magistrate w/o officer or prosecutor present 4. Voluntary and child understands statement and magistrate signs.

Answer 61

- must be by **2nd** working day - Request for shelter in detention can delay detention hearing for **10 days** if voluntarily executed next working day after arrest - De Novo detention hearing - new attorney has **10 days** and the hearing I must be no later than **2nd working day**. Judge or referee has 48 hours to make a PC Finding. - service of summons - **2 days** in state and found, **5 days for others**

Answer 62

For a person who violates an order to bring a juvenile to a hearing.

Answer 63

Adult with whom the child resides

Answer 64

Person who, under court order, is the guardian of child or the public or private agency with whom the child has been placed by the court

Answer 65

A child subject to jurisdiction of the court under abuse, dependency or neglect statutes or is taken into custody for deportation out of the USA.

Answer 66

A facility that accepts juveniles who are on probation

Answer 67

Mom and Dad of a child (does not include a parent whose rights have been terminated.)

Answer 68

Offense committed by a child that would not have been an offense if committed by an adult: truancy, runaway, etc.

Answer 69

Law enforcement can issue warning notice in lieu of taking child into custody if: 1. Guidelines for warning dispositions have been issued by the Dept where the officer works. 2. Guidelines have been approved by the Juv. Board 3. Disposition is authorized by guidelines 4. warning notice ID’s child and conduct 5. Warning notice is sent to parents after disposition 6. Filed with LE Agency

Answer 70

County - Judge of Juv Court and a majority of the Juv Board must inspect all facilities not run by TYC Texas Juvenile Probation Commission shall also annually inspect all facilities not run by the TYC and report to juvenile judge

Answer 71

Child may be detained in: 1. Juvenile processing office 2. Place of non-secure custody 3. Certified juvenile detention facility A. Separated by sight and sound from adults 4. Secure detention facility A. If a cert. Juvenile detention facility is not available 5. County jail or other facility if: A. Not a certified detention facility; or, B. Secure detention facility in the county

Answer 72

Each parent, custodian or managing and possessory conservator of a child **MUST** attend: 1. Transfer to criminal court 2. Adjudication hearing 3. Disposition hearing 4. Hearing to modify disposition 5. Release or transfer hearing Can be waived if: A court waives attendance, person lives out of state, or parent is not conservator of a child. May be punishable by fine no less than $100 or more than $1,000

Answer 73

No parent or guardian present with child at a Juvenile court then a *Guardian Ad Litem* will be appointed to protect the interest of the child. 1. Attorney for child can be guardian at litem 2. Law enforcement, probation or employee of the juvenile court **CANNOT** be guardian ad litem

Answer 74

Age 10-16 for non traffic Class C, a report is required except: 1. PI 2. DC 3. Non accident arrests 4. City ordinance violations 5. Class C thefts Truancy - Juvenile Detention or CISD. Cannot be filed if *ever* married, divorced or widowed. Runaway - a person at 17 years old should not be listed as a runaway unless, before they were 17, they were handled by the Juv Court. If never handled *and* 17, enter into TCIC/NCIC as missing person.

Answer 75

Four options available: 1. Field release 2. Custodial arrest 3. Protective custody (juvenile not facing charges) 4. Medical facility - in custody and suffering from an illness or injury. Parent notified immediately.

Answer 76

More than 5 minutes 6 years and under No attended by another child at least 14 years old M/C

Answer 77

Child 10-16 years old

Family Code Flashcards

(101 cards)