§ 5221. Citation and notice to appear at preliminary hearing

(a) Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.

(b) Appearance in Court. A child who receives a citation described in this section shall appear at the Court designated in the citation at the time and date specified in the citation unless otherwise notified by the Court.

(c) Notice to parent. The officer who issues the citation shall also issue or cause to be issued a notice to the child's custodial parent, guardian, or custodian. The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child.

(d) Form. The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place. The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney.

(e) Filing of citation. The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the State's Attorney. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)