(A) A city police officer, upon finding or having his or her attention called to any juvenile in or on a public place or in or on the premises of a business establishment in prima facie violation of this chapter, may take the juvenile into custody.
(1) Such juvenile may be transported to a juvenile curfew processing office designated by the City Police Chief.
(2) Upon arrival at the juvenile curfew processing office, a parent, legal guardian or other responsible adult shall be immediately notified to pick up such juvenile at the juvenile curfew processing office.
(3) A police officer taking a juvenile into custody shall also have discretion to release such juvenile to a parent, legal guardian or other responsible adult under circumstances deemed appropriate by the officer.
(4) A police officer also may issue a warning notice to the juvenile in accordance with Tex. Family Code, § 52.01, and order such juvenile to go directly and promptly to his or her home.
(5) Delinquent conduct or conduct indicating a need for supervision under the Tex. Family Code, §§ 51.03 and 52.01 shall be handled in accordance with applicable provisions of the Family Code pertaining to such conduct, and juveniles in prima facie violation of such provisions may not be taken to the city’s curfew processing facility.
(B) Upon picking up a juvenile in custody, said parent, legal guardian or other responsible adult may be questioned about the circumstances of such activity by the juvenile. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced supervisory personnel, the best of facilities, and, if required, referral to social agencies equipped to handle family problems that may be disclosed by investigation. In the absence of convincing identification, a police officer on the street may use his or her best judgment in determining age. Police procedures shall be constantly refined in the light of experience, and changes herein may be made on the basis of such experience.
(C) In any event, a police officer shall within 24 hours file a written report on the juvenile incident or shall participate to the extent possible in the preparation and filing of such a report by his or her supervisor.
(D) When a parent, legal guardian or other responsible adult has come to take charge of a juvenile and the appropriate information has been received, the juvenile shall be released to the custody of the parent, legal guardian or other responsible adult. If a parent, legal guardian or other responsible adult cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to appropriate authorities; however, the Police Department shall have the discretion to refuse to release a juvenile to an adult other than the parent or legal guardian of the juvenile.
(E) A juvenile may not be held at the juvenile curfew processing office for more than six hours. During such time, the following procedures shall be observed.
(1) The office must be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area.
(2) The juvenile may not be secured physically to a cuffing rail, chair, desk or stationary object.
(3) The juvenile may not be held longer than necessary to accomplish the purposes of identification, investigation, processing, release to parents, guardians or custodians, and arrangement of transportation to court.
(4) The office may not be designated or intended for residential purposes.
(5) The juvenile must be under continuous visual supervision by a peace officer or other person during the time the juvenile is in the juvenile curfew processing office.
(Ord. 12-1101, passed 11-19-2012)