Summary

A court would likely conclude that under Family Code subsection 65.251(b), a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form -- either failure to obey a truancy order or direct contempt.|A court would likely conclude that the prosecutor of a juvenile maintains discretion under Family Code subsection 65.252(d) to prosecute a child for delinquent conduct as set forth in Family Code subsection 51.03(a)(2)(C) even on a child's initial referral to juvenile court.

Opinion File

kp0064.pdf