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Children

Summaries

KP-0064
Ken Paxton

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.

KP-0073
Ken Paxton

Truancy offenses, expunction orders' applicability to records of juvenile probation department

KP-0150
Ken Paxton

Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public Safety|Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety|Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia

GA-0047
Greg Abbott

Mental health parity, applicability of Insurance Code provisions requiring municipal risk pool|Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk pool|Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network provider|Municipal risk pool, applicability of statutes requiring mental health parity, prohibiting treating pregnancy as preexisting condition, and prohibiting risk pool from charging deductible for covered child's required immunizations|Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network provider|Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations|Risk pool, applicability of Insurance Code provisions requiring mental health parity, prohibiting treating pregnancy as a preexisting condition, and prohibiting charging deductible for covered child's required immunizations|Deductible

GA-0106
Greg Abbott

Sexual abuse of child includes conduct constituting indecency with a child, sexual assault, and aggravated sexual assault|HIPAA (Health Insurance Portability and Accountability Act) privacy regulations allow health care providers to disclose confidential health information about a victim of abuse|Sexual abuse, person with cause to believe child has been victim of must make report|Cause to believe|Child sexual abuse reports, investigation of|Off-duty status does not limit law enforcement authority in presence of criminal activity

GA-0125
Greg Abbott

Missing child|Minor is not a missing child if custodian knows minor's location

GA-0157
Greg Abbott

Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court|Violation of section 729.001 of Transportation Code is within jurisdiction of justice and municipal courts

GA-0178
Greg Abbott

Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulate|Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based on|Provisional admission is not permitted for children who have not complied with statutory immunization requirements and rules adopted by the Department of Health|Immunization requirements, provisional admission to school is not permitted for children who have not begun to comply with and who are not excepted

GA-0291
Greg Abbott

Unborn child, a physician is not required to report suspected use of controlled substances by a pregnant patient, which may harm the|Pregnant woman's use of controlled substances, a physician is not required to report suspected|Controlled substances, a physician is not required to report a pregnant patient's suspected use of

GA-0410
Greg Abbott

Cash equivalent of a prize, Lottery Commission must award to a person who is at least 18 years of age but not yet 21 years of age in accordance with section 466.405 of the Government Code

GA-0476
Greg Abbott

Substitute care and case management service providers, authority of governmental entities to serve as

GA-0649
Greg Abbott

Agency rule exempting short-duration programs from child-care facility licensing requirement is invalid as inconsistent with section 42.041, Human Resources Code

GA-0675
Greg Abbott

Electronically readable information encoded on the magnetic stripe of a driver’s license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to use

GA-0701
Greg Abbott

Failure to attend school may be prosecuted in a justice court of any precinct of a county in which the alleged truant resides or in which his school is located

GA-0713
Greg Abbott

Justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation for an individual found to have committed an offense under section 25.094, Education Code, only if the use of the device in a given proceeding is reasonable|Failure to attend school, for the offense of, a justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation if the use of the device reasonable

GA-0847
Greg Abbott

Presentence investigation report that discloses child abuse or neglect, community supervision officer who releases information contained in, may release to Department of Family and Protective Services and is immune from civil and criminal liability for doing so

GA-0879
Greg Abbott

Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare to the Department of Family and Protective Services|Information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare, local law enforcement agency must furnish to Department of Family and Protective Services

GA-0927
Greg Abbott

Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorize

GA-0944
Greg Abbott

Adult patient’s childhood, Family Code subsection 261.101(b) does not require professional to report abuse or neglect that professional believes occurred during an adult patient\\'s childhood|Abuse or neglect that a professional believes occurred during an adult patient’s childhood, professional is not required under subsection 261.101(b) of the Family Code to report

GA-1017
Greg Abbott

Physical records and files, Family Code subsection 58.0071(b) authorizes custodian of in juvenile case, to destroy hard-copy, original paper records and files at any time if the custodian electronically duplicates and stores the information in the records and files|Paper-based and electronic records and files of closed juvenile cases, Family Code subsection 58.0071(c) authorizes a juvenile board, law enforcement agency, or prosecuting attorney to permanently destroy subject to the restrictions of subsections 58.0071(d) and (e).

GA-1069
Greg Abbott

County Juvenile Board authority to adopt policy including a personnel manual for a county juvenile probation department

GA-1085
Greg Abbott

Human Resources Code section 142.002 authorizes the Dallas County Juvenile Board to hire an in-house counsel with the advice and consent of the commissioners court if the Board determines that the position is \\"necessary to provide juvenile probation services.\\"|Juvenile Board has authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position in necessary in order to provide juvenile probation services|Human Resources Code section 201.001 provides that a juvenile board is \\"a body established by law to provide juvenile probation services to a county.\\"|Juvenile board has the authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position is necessary in order to provide juvenile probation services.

DM-0097
Dan Morales

Paternity, child born out of wedlock whose paternity is established is entitled to same parent-child relationship and rights under state law as child born in wedlock|Eligibility for citizenship of child born out of wedlock to foreign mother and citizen father whose paternity is established|Voluntary legitimization|Voluntary paternity

DM-0147
Dan Morales

Uniform Interstate Compact on Juveniles, juvenile probation officers are required to provide the mandated services when state accepts supervision of an out-of-state delinquent juvenile under

DM-0200
Dan Morales

Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Truancy proceeding, child has a right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n|Truancy proceeding, child has right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n

DM-0294
Dan Morales

Arrested or detained student, authority of law enforcement agency to communicate information about arrest or detention to school officials|School student arrested or detained, authority of law enforcement agency to communicate information about arrest or detention to school officials

DM-0304
Dan Morales

Compulsory school attendance law, parent or guardian's failure to require child to observe punishable by fine|Conflicting bills, last bill enacted prevails over other bills amending same statute at same legislative session|Conflicting bills, newly enacted language of statute in one bill prevails over reenacted language of same statute in different bill at same legislative session

DM-0320
Dan Morales

Jurisdiction of Alcoholic Beverage Code prosecutions of minors|Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500|Justice court jurisdiction over prosecutions of minors under Alcoholic Beverage Code|Alcoholic beverages, justice court's jurisdiction over minor's possession of

DM-0334
Dan Morales

Inspection of records|Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceeding|Juvenile court records, whether available to victim of delinquent conduct

DM-0362
Dan Morales

School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)|National Traffic and Motor Vehicle Act provisions regarding safety standards for school buses do not apply to purchasers, lessees, renters, or users of motor vehicles used to transport students (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)|Personal vehicles, special licensing requirements and school bus safety standards may apply if school district requires employees to transport students in (Withdrawn by Letter 9/08/95)|School bus

DM-0372
Dan Morales

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

DM-0400
Dan Morales

Driver training course taught by parent or legal guardian to minor, authority of Department to make rules for curriculum|Legislative intent found in unambiguous language of statute|Minor taught to drive by parent or legal guardian, licensing requirements for|Parent or legal guardian who teaches minor to drive, eligibility for approval as driver training course

DM-0427
Dan Morales

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

DM-0435
Dan Morales

Law enforcement records information relating to certain juveniles, destruction of

DM-0458
Dan Morales

Abused or neglected, registered sex offender treatment provider must report suspicion that child has been|Abuse or neglect of child, registered sex-offender-treatment provider must report even if suspicion based on dated or incomplete information|Abuse or neglect of child, Council may not permit registered sex-offender-treatment provider to decide whether to report suspected where the suspicion is based on dated or incomplete information

DM-0461
Dan Morales

Juvenile convicted of perjury in criminal proceeding, authority of community supervision and corrections department to supervise|Perjury, community supervision of sixteen-year-old defendant convicted of

DM-0476
Dan Morales

Child abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect of student, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Suspected abused or neglected child, school official may not deny investigator access to child at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor

JC-0103
John Cornyn

Juvenile court is without jurisdiction to conduct an adjudication hearing for a person referred as a truant by a justice or municipal court if the conduct that forms the basis for the referral occurred after the person attained the age of 17

JC-0229
John Cornyn

Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detained

JC-0309
John Cornyn

Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer|Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customer

JC-0398
John Cornyn

Class credit, requirement that student attend ninety percent of classes in order to receive class credit is applicable without regard to whether a student is exempt from compulsory attendance

JC-0446
John Cornyn

School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school property|Alcohol and drug-related offenses occurring within 300 feet of school property, school district not required to expel student for

JC-0459
John Cornyn

Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in|Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to|Juvenile justice alternative education program, county's authority to fund|Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-vis|Juvenile justice alternative education program, school district not required to fund construction or facility for|Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement in

JM-1141
Jim Mattox

Polygraph, whether examiner must obtain consent of attorney before administering examination to child complainant or child witness for the state

JM-1156
Jim Mattox

Child care services, authority of General Services Commission to lease or construct facilities for|Child care services, authority to lease or construct facilities for

JM-1159
Jim Mattox

School attendance, authority of attendance officer to report child to juvenile probation department|School attendance, simultaneous prosecution of parent and child permissible