Texas § 53.012 REVIEW BY PROSECUTOR.

Texas Statutes

§ 53.012 — REVIEW BY PROSECUTOR.

Texas § 53.012

Code FAFamily Code

This text of Texas § 53.012 (REVIEW BY PROSECUTOR.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Family Code Code Ann. § 53.012 (2026).

Text

Sec. 53.012. REVIEW BY PROSECUTOR.

(a)The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01 .

(b)If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:

(1)terminate all proceedings, if the reason is for lack of probable cause; or

(2)return the referral to the juvenile probation department for further proceedings.

(c)The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refus

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Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01 .
(b) If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:
(1) terminate all proceedings, if the reason is for lack of probable cause; or
(2) return the referral to the juvenile probation department for further proceedings.
(c) The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refuses to participate in a program of the department to the prosecuting attorney for review of the child's case and determination of whether to file a petition.