Children
Summaries
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.
Ken Paxton
Truancy offenses, expunction orders' applicability to records of juvenile probation department
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
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
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
Greg Abbott
Missing child|Minor is not a missing child if custodian knows minor's location
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
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
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
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
Greg Abbott
Substitute care and case management service providers, authority of governmental entities to serve as
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
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
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
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
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
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
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
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
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).
Greg Abbott
County Juvenile Board authority to adopt policy including a personnel manual for a county juvenile probation department
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.
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
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
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
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
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
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
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
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
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
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
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
Dan Morales
Law enforcement records information relating to certain juveniles, destruction of
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
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
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
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
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
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
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
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
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
Jim Mattox
Polygraph, whether examiner must obtain consent of attorney before administering examination to child complainant or child witness for the state
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
Jim Mattox
School attendance, authority of attendance officer to report child to juvenile probation department|School attendance, simultaneous prosecution of parent and child permissible
Ken Paxton
Disclosure of child sex offense victim from probable cause affidavits prohibited.
Ken Paxton
Whether certain unnecessary medical procedures performed on children constitute child abuse
Ken Paxton
An education savings account program that provides education assistance payments to program participants that can be directed to sectarian schools is not unconstitutional under the Texas or the federal Constitutions.
Ken Paxton
Education Code subsections 29.153(d-1) and (g), concerning the solicitation of public-private partnerships in connection with the provision of free prekindergarten by school districts, are mandatory in certain instances. The stringent eligibility criteria in Education Code section 29.171 for a provider to enter into a public-private partnership agreement for prekindergarten should not be used as a condition for the provider to submit a proposal for such a partnership under subsection 29.153(g). A court could conclude under certain circumstances that Texas Education Agency guidelines should be promulgated through formal rulemaking under the Administrative Procedure Act. A court would likely conclude that neither the Governor’s COVID-19 Disaster Declaration nor any related Executive Order authorize the suspension of Education Code subsections 29.153(d-1) or (g).