Tex. Fam. Code § 53.04 · Chapter 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS
COURT PETITION; ANSWER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the preliminary investigation, required by Section 53.01 of this code results in a determination that further proceedings are authorized and warranted, a petition for an adjudication or transfer hearing of a child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision may be made as promptly as practicable by a prosecuting attorney who has knowledge of the facts alleged or is informed and believes that they are true.
(b) The proceedings shall be styled "In the matter of ______________."
(c) The petition may be on information and belief.
(d) The petition must state:
(1) with reasonable particularity the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts;
(2) the name, age, and residence address, if known, of the child who is the subject of the petition;
(3) the names and residence addresses, if known, of the parent, guardian, or custodian of the child and of the child's spouse, if any;
(4) if the child's parent, guardian, or custodian does not reside or cannot be found in the state, or if their places of residence are unknown, the name and residence address of any known adult relative residing in the county or, if there is none, the name and residence address of the known adult relative residing nearest to the location of the court; and
(5) if the child is alleged to have engaged in habitual felony conduct, the previous adjudications in which the child was found to have engaged in conduct violating penal laws of the grade of felony.
(e) An oral or written answer to the petition may be made at or before the commencement of the hearing. If there is no answer, a general denial of the alleged conduct is assumed.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 25, eff. Jan. 1, 1996.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.53.htm
- Text hash
- sha256 076a2b93aa5e0120cf6017c7e1d415b7ed17e29795235bae159bf5744ba308e0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fam. Code § 53.04. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 51.20PHYSICAL OR MENTAL EXAMINATION.Printed as Section 53.04
- Tex. Fam. Code § 53.035GRAND JURY REFERRAL.Printed as Section 53.04
- Tex. Fam. Code § 54.01DETENTION HEARING.Printed as Section 53.04 or 54.05
- Tex. Fam. Code § 54.02WAIVER OF JURISDICTION AND DISCRETIONARY TRANSFER TO CRIMINAL COURT.Printed as Sections 53.04, 53.05, 53.06, and 53.07
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.