22.01 Definitions

• Child: A person who is at least ten (10) years old and under seventeen (17).

• Delinquent Conduct: Actions other than traffic violations that violate penal laws of the State and are punishable by imprisonment or confinement in jail (including felonies or Class A or B misdemeanors) or violations of lawful orders of a Juvenile Court.

• Conduct Indicating a Need for Supervision: This includes behaviors that, on three (3) or more occasions, violate penal laws punishable by fines only (Class C misdemeanors) or local penal ordinances.

• Truancy: The unexcused voluntary absence of a child from school.

• Runaway: The voluntary absence of a child from home without consent from parents or guardians for a substantial length of time or without the intent to return.

22.02 Taking Into Custody

• An officer may take a child into custody:

  1. Under an order from the Juvenile Court.

  2. Pursuant to laws of arrest.

  3. When there are reasonable grounds to believe the child has committed delinquent conduct or conduct indicating a need for supervision.

• An officer cannot take a child into custody solely for a probation violation; the specific charge must be distinct.

• Every arrested child must be charged with a specific offense rather than just a general delinquency charge.

• Criminal Responsibility: No child under ten (10) can be held criminally responsible; they must be released to their parents. If parents cannot be found, officers shall contact the Criminal Investigation Division or the Division of Human Resources. Offense reports must be sent to the Criminal Investigations Division since parents may be civilly responsible for the actions of children under ten.

22.03 Handling Juveniles Who Do Not Qualify for Booking

A. Field Release

• An officer may release a child to a parent, guardian, custodian, or responsible adult if:

  • Counseling is not needed.

  • The child is not likely to reoffend.

  • The offense is minor (e.g., truancy, Class C theft).

• An offense report should be completed and forwarded to the Juvenile Detention Center.

B. Detention Procedures

• If a child is taken into custody and not released:

  1. Transport to Bexar County Juvenile Detention Center, an approved shelter, or the Criminal Investigation Division for serious offenses.

  2. Children cannot be held at the Sheriff's Office for over four hours.

  3. Officers must notify the child's parents of the custody and reasons. If parents cannot be reached, the Juvenile Detention Center must be informed.

  4. Supervisors must review juvenile arrests quickly to ensure legality, and the child should be taken to the appropriate facility immediately.

  5. Reports must highlight the child's status and detailing dispositions accordingly.

22.04 The Handling of Status Offenders

A. Definitions

• Status Offense: Includes runaways and truancy.

B. Truants

• Truants during school hours should be taken back to their school and released to an official.

C. Out of Town Runaways

• Runaways from out of town must be brought to the Juvenile Detention Center pending transfer to their jurisdiction.

D. Runaways

• Runaways should be returned to their parents unless there is a risk of further running away or if no responsible party is available.

E. Referral to an Authorized Shelter

• Local runaways who cannot return home may be referred to approved shelters based on availability, information accessible from the Juvenile Detention Center.

22.05 Follow-Up Procedures

• Procedures for children brought to the Sheriff's Office for follow-up:

  1. A follow-up investigator must present the child to a magistrate before obtaining statements.

  2. Booking of the child occurs only if he meets the incarceration criteria.

  3. Children must remain separate from adult prisoners and cannot be held for more than four hours.

  4. If charged, processing must occur at the Juvenile Detention Center along with necessary report copies.

B. Interviews in Schools

• Elementary Schools:

  • Parents must be notified ahead of any interviews, and school officials must be present.

• Junior High and Senior High:

  • Felony suspects must have parents notified prior to interviews, while lesser offenses warrant parental notification and presence unless circumstances demand otherwise.