Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE. (a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school district peace officer commissioned under Section 37.081, Education Code, if there is probable cause to believe that the child has engaged in:
(A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state;
(B) delinquent conduct or conduct indicating a need for supervision; or
(C) conduct that violates a condition of probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court;
(5) pursuant to a directive to apprehend issued as provided by Section 52.015; or
(6) by a probation officer if there is probable cause to believe that the child has violated a condition of release imposed by the juvenile court or referee under Section 54.01.
(b) The taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.
(c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if:
(1) guidelines for warning disposition have been issued by the law-enforcement agency in which the officer works;
(2) the guidelines have been approved by the juvenile board of the county in which the disposition is made;
(3) the disposition is authorized by the guidelines;
(4) the warning notice identifies the child and describes the child's alleged conduct;
(5) a copy of the warning notice is sent to the child's parent, guardian, or custodian as soon as practicable after disposition; and
(6) a copy of the warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board.
(d) A warning notice filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary.
(e) A law-enforcement officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085, Education Code, may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1993, 73rd Leg., ch. 115, Sec. 2, eff. May 11, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 15, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.08, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 16, eff. September 1, 2007.
Notes of Decisions
Cited in
39
cases (
3 in the last 5 years), 1984–2025 · leading case:
Dang v. State, 99 S.W.3d 172 (Tex. App. 2003).
Dang v. State, 99 S.W.3d 172 (Tex. App. 2003).
· cites it 4× “" TEX. FAM. CODE § 52.01(a)(2). Thus, "[t]he taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.”
Rodriguez v. State, 975 S.W.2d 667 (Tex. App. 1998).
· cites it 3× “See Tex. Fam Code Ann. § 52.01 (a) (Vernon 1996), amended by Act of May 8, 1997, 75th Leg.”
Adams v. State, 180 S.W.3d 386 (Tex. App. 2005).
· cites it 2× “Probable Cause A child may be taken into custody if there is probable cause to believe that she has engaged in (1) conduct that violated a penal law of this state or a penal ordinance of any political subdivision of this state, or (2) conduct indicating a need for supervision.”
Ex Parte Valle, 104 S.W.3d 888 (Tex. Crim. App. 2003).
“, Tex. Fam.Code §§ 52.01, 54.02(h) (juvenile taken into custody is not deemed under arrest, except for purposes of determining the validity of the custody or search, until the juvenile court waives jurisdiction and transfers the respondent to a court for "criminal proceedings”).”
Thompson Ex Rel. Sustaita v. City of Galveston, 979 F. Supp. 504 (S.D. Tex. 1997).
· cites it 2× “Moreover, pursuant to Tex. Fam. Code Ann. § 52.01 (a) (Vernon 1996), the officers were authorized to take Jonathan into custody, and such action was not an arrest under § 52.”
Roth v. State, 917 S.W.2d 292 (Tex. App. 1995).
“Tex.Fam.Code Ann. § 52.01(a)(3) (West Supp.”
Cornealius v. State, 870 S.W.2d 169 (Tex. App. 1994).
“Texas Family Code section 52.01 authorizes the taking of a juvenile into custody “by a law-enforcement officer if there are reasonable grounds to believe that the child has engaged in delinquent conduct or conduct indicating a need for supervision.”
Vega v. State, 255 S.W.3d 87 (Tex. App. 2008).
“May 11, 1993 (current version at Tex. Fam.Code Ann. § 52.01(a)(3)(A), (B) (Vernon Supp.”
Blackmon v. State, 926 S.W.2d 399 (Tex. App. 1996).
“His authority for the detention was grounded on Blackmon’s age because “[a] child may be taken into custody by a law-enforcement officer ...”
In re D.A.R., 73 S.W.3d 505 (Tex. App. 2002).
“Tex. Fam.Code ANN. § 52.01(a)(3) (Vernon 1996); Lanes v.”
Gonzales v. State, 9 S.W.3d 267 (Tex. App. 1999).
“Tex. Fam.Code § 52.01 (a)(l)-(5); see Comealius, 900 S.”
— Tex. Fam. Code § 52.01(a) — 5 cases
Rodriguez v. State, 975 S.W.2d 667 (Tex. App. 1998).
“See Tex. Fam Code Ann. § 52.01 (a) (Vernon 1996), amended by Act of May 8, 1997, 75th Leg.”
— Tex. Fam. Code § 52.01(a)(2) — 1 case
Dang v. State, 99 S.W.3d 172 (Tex. App. 2003).
“" TEX. FAM. CODE § 52.01(a)(2). Thus, "[t]he taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.”
— Tex. Fam. Code § 52.01(a)(3) — 4 cases
Adams v. State, 180 S.W.3d 386 (Tex. App. 2005).
“Probable Cause A child may be taken into custody if there is probable cause to believe that she has engaged in (1) conduct that violated a penal law of this state or a penal ordinance of any political subdivision of this state, or (2) conduct indicating a need for supervision.”
Roth v. State, 917 S.W.2d 292 (Tex. App. 1995).
“Tex.Fam.Code Ann. § 52.01(a)(3) (West Supp.”
In re D.A.R., 73 S.W.3d 505 (Tex. App. 2002).
“Tex. Fam.Code ANN. § 52.01(a)(3) (Vernon 1996); Lanes v.”
— Tex. Fam. Code § 52.01(a)(3)(A) — 6 cases
Vega v. State, 255 S.W.3d 87 (Tex. App. 2008).
“May 11, 1993 (current version at Tex. Fam.Code Ann. § 52.01(a)(3)(A), (B) (Vernon Supp.”
Blackmon v. State, 926 S.W.2d 399 (Tex. App. 1996).
“His authority for the detention was grounded on Blackmon’s age because “[a] child may be taken into custody by a law-enforcement officer ...”
— Tex. Fam. Code § 52.01(a)(3)(B) — 1 case
— Tex. Fam. Code § 52.01(b) — 8 cases
Dang v. State, 99 S.W.3d 172 (Tex. App. 2003).
“" TEX. FAM. CODE § 52.01(a)(2). Thus, "[t]he taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.”
Adams v. State, 180 S.W.3d 386 (Tex. App. 2005).
“Probable Cause A child may be taken into custody if there is probable cause to believe that she has engaged in (1) conduct that violated a penal law of this state or a penal ordinance of any political subdivision of this state, or (2) conduct indicating a need for supervision.”
In Re Jm, 995 S.W.2d 838 (Tex. App. 1999).
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