Sec. 53.04. COURT PETITION; ANSWER. (a) If the preliminary investigation, required by Section 53.01 of this code results in a determination that further proceedings are authorized and warranted, a petition for an adjudication or transfer hearing of a child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision may be made as promptly as practicable by a prosecuting attorney who has knowledge of the facts alleged or is informed and believes that they are true.
(b) The proceedings shall be styled "In the matter of ______________."
(c) The petition may be on information and belief.
(d) The petition must state:
(1) with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts;
(2) the name, age, and residence address, if known, of the child who is the subject of the petition;
(3) the names and residence addresses, if known, of the parent, guardian, or custodian of the child and of the child's spouse, if any;
(4) if the child's parent, guardian, or custodian does not reside or cannot be found in the state, or if their places of residence are unknown, the name and residence address of any known adult relative residing in the county or, if there is none, the name and residence address of the known adult relative residing nearest to the location of the court; and
(5) if the child is alleged to have engaged in habitual felony conduct, the previous adjudications in which the child was found to have engaged in conduct violating penal laws of the grade of felony.
(e) An oral or written answer to the petition may be made at or before the commencement of the hearing. If there is no answer, a general denial of the alleged conduct is assumed.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 25, eff. Jan. 1, 1996.
Notes of Decisions
Cited in
92
cases (
11 in the last 5 years), 1980–2026 · leading case:
Hidalgo v. State, 983 S.W.2d 746 (Tex. Crim. App. 1999).
Hidalgo v. State, 983 S.W.2d 746 (Tex. Crim. App. 1999).
· cites it 2× “TEX. FAM.CODE § 53.04. When the State requests a transfer, the juvenile court is required to "conduct a hearing without a jury to consider transfer of the child for criminal proceedings.”
State v. Lopez, 196 S.W.3d 872 (Tex. App. 2006).
“Tex. Fam.Code AnN. §§ 53.04, 54.02(b) (Vernon 2002); Hidalgo v.”
McKaine v. State, 170 S.W.3d 285 (Tex. App. 2005).
“1999); see Tex. Fam.Code Ann. §§ 53.04, 54.02(b) (Vernon 2002).”
State v. C.J.F., 183 S.W.3d 841 (Tex. App. 2005).
· cites it 2× “-Texarkana 1997, writ denied); Tex. Fam.Code Ann. §§ 53.04, 53.06, 53.07 (Vernon 2002).”
In the Matter of B.P.H., 83 S.W.3d 400 (Tex. App. 2002).
“Accordingly, the petition must state “with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts.”
S.B.C. Matter Of, 805 S.W.2d 1 (Tex. App. 1991).
· cites it 2× “]”; it was submitted on information and belief of the State; it identified by name, age and residence address the juvenile made subject of the petition; it stated the time, place, and manner of the acts alleged to have been committed and the penal law alleged to have been…”
Matter of Edwards, 644 S.W.2d 815 (Tex. App. 1982).
“led to issue summons to appellant’s parent and to a guardian ad litem; 2) it failed to issue proper summons to the appellant and his parents; 3) the petition filed by the State failed to state whether the allegations contained therein were based on knowledge of the facts…”
R. A. M. v. State, 599 S.W.2d 841 (Tex. App. 1980).
· cites it 3× “Tex.Fam. Code Ann. § 53.04(d)(1) (Vernon 1975).”
O.C., Matter Of, 945 S.W.2d 241 (Tex. App. 1997).
“04 provides that “[t]he petition must state: (1) with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts_” Tex. Fam.Code Ann. § 53.04(d)(1). Courts have differed on the effect of a…”
Carlson v. State, 151 S.W.3d 643 (Tex. App. 2004).
“02(b) provides that the “petition and notice requirements” of TEX. FAM. CODE ANN. §§ 53.04, 53.05, 53.06, & 53.”
In re of S.C., 790 S.W.2d 766 (Tex. App. 1990).
· cites it 2× “” Tex.Fam.Code Ann. §§ 53.04 and 53.045 (1986 & Supp.”
— Tex. Fam. Code § 53.04(a) — 4 cases
— Tex. Fam. Code § 53.04(d) — 1 case
— Tex. Fam. Code § 53.04(d)(1) — 27 cases
In the Matter of B.P.H., 83 S.W.3d 400 (Tex. App. 2002).
“Accordingly, the petition must state “with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts.”
R. A. M. v. State, 599 S.W.2d 841 (Tex. App. 1980).
“Tex.Fam. Code Ann. § 53.04(d)(1) (Vernon 1975).”
O.C., Matter Of, 945 S.W.2d 241 (Tex. App. 1997).
“04 provides that “[t]he petition must state: (1) with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts_” Tex. Fam.Code Ann. § 53.04(d)(1). Courts have differed on the effect of a…”
— Tex. Fam. Code § 53.04(d)(2) — 1 case
— Tex. Fam. Code § 53.04(d)(3) — 1 case
— Tex. Fam. Code § 53.04(d)(4) — 1 case
— Tex. Fam. Code § 53.04(e) — 4 cases
In re of S.C., 790 S.W.2d 766 (Tex. App. 1990).
“” Tex.Fam.Code Ann. §§ 53.04 and 53.045 (1986 & Supp.”
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