Under what circumstances can a peace officer take possession of a child?

Prepare for the TCOLE Code of Criminal Procedure Test with in-depth study modules and quizzes. Engage with expert-crafted multiple choice questions, hints, and detailed explanations. Boost your confidence and ace your Texas law enforcement exam.

A peace officer can take possession of a child if authorized by Article 63.009 of the Texas Code of Criminal Procedure. This provision outlines specific circumstances under which a peace officer has the authority to act in the best interest of a child. Article 63.009 allows for the taking of possession without a warrant when there is reasonable cause to believe that a child is in immediate danger or in need of protection due to circumstances such as abuse or neglect.

This legal framework ensures that the officer's actions align with the principles of child welfare and protection. The rationale behind this provision is to allow law enforcement to intervene swiftly in situations where a child's safety is at risk, thereby helping to prevent further harm.

Other potential options may not provide the broader legal authority necessary for a peace officer to act. For example, circumstances such as a parent being in jail or an unaccompanied child at a public event may not inherently indicate that immediate action is required under the law, and simply receiving a request from a social worker may not suffice without the specific authorization outlined in Article 63.009.

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