Is there any authority for a judge mandating weekends in detention as part of a probation? i don't see where it's statutorily authorized but maybe i'm missing something. any help would be appreciated.
[This message was edited by C. Allen on 03-10-09 at .]
[This message was edited by C. Allen on 03-12-09 at .]
He has authority under CCP Art. 42.033 to order jail sevice on weekends or off-work hours.
If he were an adult that would be the case but the provision doesn't seem to apply to juveniles and I see no similar provision in the FC.
The only options for disposition for the court are found in 54.04. My guess is that your facility is not designated a post-adjudication facility, a foster home, or residential treatment facility. I don't work for TJPC but I would also guess that your facility would risk some sancitions for housing a child that does not meet licensing criteria. Call TJPC, they maybe able to help with further info.
You're correct. We are none of the above and it was sanction/liability issues that we were concerned about. Thanks for your input, Stacey.
I agree with Stacey. Definitely check with TJPC. I think that to remove a child from home on probation the court would have to make the findings required by 54.04(c) and the placements authorized by the statute are listed in 54.04(d)(1)(A)and (B)(i-iii). See specifically (iii) which allows placment in a "post-adjudication secure facility" - and then look at the definitions in 51.02 (13) and (14)- (14) "secure detention facility is for "TEMPORARY PLACEMENT" OF AN "ACCUSED"(pre-adjudication) and (13) "secure correctional facility" is used for PLACEMENT AFTER ADJUDICATION. If you put adjudicated juveniles in your "secure detention facility" you sure enough will be in violation and that "liability" you fear will rear it's ugly head. In addition you will be in violation and risk having sanctions on your detention facility.
I assumed you were asking about an adult. My bad.
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