Sec. 52.04. REFERRAL TO JUVENILE COURT; NOTICE TO PARENTS. (a) The following shall accompany referral of a child or a child's case to the office or official designated by the juvenile board or be provided as quickly as possible after referral:
(1) all information in the possession of the person or agency making the referral pertaining to the identity of the child and the child's address, the name and address of the child's parent, guardian, or custodian, the names and addresses of any witnesses, and the child's present whereabouts;
(2) a complete statement of the circumstances of the alleged delinquent conduct or conduct indicating a need for supervision;
(3) when applicable, a complete statement of the circumstances of taking the child into custody; and
(4) when referral is by an officer of a law-enforcement agency, a complete statement of all prior contacts with the child by officers of that law-enforcement agency.
(b) The office or official designated by the juvenile board may refer the case to a law-enforcement agency for the purpose of conducting an investigation to obtain necessary information.
(c) If the office of the prosecuting attorney is designated by the juvenile court to conduct the preliminary investigation under Section 53.01, the referring entity shall first transfer the child's case to the juvenile probation department for statistical reporting purposes only. On the creation of a statistical record or file for the case, the probation department shall within three business days forward the case to the prosecuting attorney for review under Section 53.01.
(d) On referral of the case of a child who has not been taken into custody to the office or official designated by the juvenile board, the office or official designated by the juvenile board shall promptly give notice of the referral and a statement of the reason for the referral to the child's parent, guardian, or custodian.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1997, 75th Leg., ch. 1091, Sec. 1, eff. June 19, 1997; Acts 2001, 77th Leg., ch. 136, Sec. 1, 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1297, Sec. 16, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 11, eff. Sept. 1, 2003.
Notes of Decisions
Cited in
18
cases (
6 in the last 5 years), 1988–2025 · leading case:
In re J.W.W., 507 S.W.3d 408 (Tex. App.—Houston [1st Dist.] 2016).
In re J.W.W., 507 S.W.3d 408 (Tex. App.—Houston [1st Dist.] 2016).
“See Tex. Fam. Code Ann. § 52.04 (a), The juvenile court admitted into evidence the State’s petition in cause number 2014-0415J-Amend-ed and the Harris County Grand Jury's true bill of indictment, alleging that J.”
Adams v. State, 180 S.W.3d 386 (Tex. App.—Corpus Christi 2005).
“04 (governing referral to juvenile court), 53.01 (governing preliminary juvenile investigation and determinations), 53.”
Horton v. State, 78 S.W.3d 701 (Tex. App.—Austin 2002).
“See Tex. Fam.Code Ann. § 52.04(b) (West Supp.”
Blackmon v. State, 926 S.W.2d 399 (Tex. App.—Waco 1996).
“” Tex.Fam.Code Ann. § 52.04(b). The statute does not require any special ceremony for the referral.”
Beaver v. State, 824 S.W.2d 701 (Tex. App. 1992).
“His argument before the trial court was that the investigation by Officer Garrett to obtain the two confessions from appellant was not a proper referral pursuant to 52.”
In re V.G., 746 S.W.2d 500 (Tex. App.—Houston [1st Dist.] 1988).
“This is an appeal from a judgment from a county court at law, sitting as a juvenile court, that certified appellant as an adult, waived juvenile jurisdiction of his person, and transferred him to criminal district court for prosecution as an adult, pursuant to Tex.Fam.Code Ann.…”
in the Matter of I. N. A., No. 03-22-00206-CV (Tex. App.—Austin Oct. 4, 2022).
· cites it 2× “See Tex. Fam. Code § 52.04(f)(1); see also Tex.”
In re JBJ, 86 S.W.3d 810 (Tex. App.—Beaumont 2002).
“TEX. FAM. CODE ANN. § 52.04(d) (Vernon Supp.”
In re VG, 746 S.W.2d 500 (Tex. App.—Houston [1st Dist.] 1988).
“This is an appeal from a judgment from a county court at law, sitting as a juvenile court, that certified appellant as an adult, waived juvenile jurisdiction of his person, and transferred him to criminal district court for prosecution as an adult, pursuant to Tex.Fam.Code Ann.…”
Tex. Fam. Code § 52.04(a): 1 case
Tex. Fam. Code § 52.04(a)(3): 1 case
Tex. Fam. Code § 52.04(b): 3 cases
Horton v. State, 78 S.W.3d 701 (Tex. App.—Austin 2002).
“See Tex. Fam.Code Ann. § 52.04(b) (West Supp.”
Blackmon v. State, 926 S.W.2d 399 (Tex. App.—Waco 1996).
“” Tex.Fam.Code Ann. § 52.04(b). The statute does not require any special ceremony for the referral.”
Beaver v. State, 824 S.W.2d 701 (Tex. App. 1992).
“His argument before the trial court was that the investigation by Officer Garrett to obtain the two confessions from appellant was not a proper referral pursuant to 52.”
Tex. Fam. Code § 52.04(d): 1 case
In re JBJ, 86 S.W.3d 810 (Tex. App.—Beaumont 2002).
“TEX. FAM. CODE ANN. § 52.04(d) (Vernon Supp.”
Tex. Fam. Code § 52.04(f)(1): 2 cases
in the Matter of I. N. A., No. 03-22-00206-CV (Tex. App.—Austin Oct. 4, 2022).
“See Tex. Fam. Code § 52.04(f)(1); see also Tex.”
Tex. Fam. Code § 52.04(f)(2): 1 case
in the Matter of I. N. A., No. 03-22-00206-CV (Tex. App.—Austin Oct. 4, 2022).
“See Tex. Fam. Code § 52.04(f)(1); see also Tex.”
Tex. Fam. Code § 52.04(h): 1 case
Tex. Fam. Code § 52.04(j)(4)(A): 1 case
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