Texas Family Code

§ 53.02 — RELEASE FROM DETENTION

FA § 53.02Title 3. JUVENILE JUSTICE CODE · Ch. 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS

Statute text

(a)If a child is brought before the court or delivered to a detention facility as authorized by Sections 51.12(a)(3) and (4), 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). 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 jurisdiction of the court;

(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;

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Legislative history

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1979, 66th Leg., p. 1102, ch. 518, Sec. 1, eff. June 11, 1979; Acts 1981, 67th Leg., p. 291, ch. 115, Sec. 1, eff. Aug. 31, 1981; Acts 1995, 74th Leg., ch. 262, Sec. 23, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1015, Sec. 17, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1374, Sec. 6, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 232, Sec. 1, eff. Sept. 1, 1999.