Family Code · §51.095
Admissibility of a Child's Statement
Admissibility of a Child's Statement (§51.095): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Magistrate-administered warnings
- Outside presence of LE / prosecutor
- Knowing/intelligent/voluntary waiver
- Specific procedures for written, recorded, res gestae
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Worked examples
Worked example 1
Under Tex. Fam. Code §51.095, juvenile statements are admissible only if:
- Same as adults under Art. 38.22
- The warnings were given by a magistrate (for written/oral custodial statements) outside the presence of any law enforcement officer or prosecuting attorney; the juvenile knowingly, intelligently, voluntarily waives those rights and signs/records the statement before an authorized magistrate Correct
- Only oral statements admissible
- Statements never admissible
Why: Juvenile statements have special procedural protections. Magistrate-administered warnings (outside law-enforcement presence) are required, and certain forms of statement must be made before the magistrate. Failure renders the statement inadmissible.
Statute: Tex. Fam. Code §51.095
Statutory definitions for this topic
- Family Code §51.095 statement Tex. Fam. Code §51.095
- Procedural rule for admissibility of juvenile statements. Magistrate-administered warnings (outside law-enforcement presence) are required for written / recorded custodial statements; the juvenile must knowingly, intelligently, and voluntarily waive rights and sign / record the statement before the magistrate.