4/20/2016
The Texas
Juvenile
Justice System
in the Courts
BY: ASSISTANT COUNTY ATTORNEY KORTNEY
WILLIAMS
Purpose of Juvenile Law

(1) protection of the public/public safety;

to promote the concept of punishment for criminal acts;

to remove, where appropriate, the taint of criminality from children

to provide treatment, training, and rehabilitation that emphasizes the
accountability and responsibility of both the parent and the child

(2) to provide for the care/protection/wholesome development of children

(3) to protect the welfare of the community

(4) to achieve the foregoing purposes in a family environment whenever
possible, separating the child from the child's parents only when necessary
for the child's welfare or in the interest of public safety

(5) to provide a simple judicial procedure in which the parties are assured a
fair hearing and their constitutional and other legal rights recognized and
enforced
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Terminology

Juvenile – anyone between the ages of 10 and 16 (if
juvenile is17 acts occurred when juvenile was under 17 –
try to certify)

Petition – charging instrument used in juvenile cases (like
an indictment)

TJJD – Texas Juvenile Justice Department (prior to 2011 –
Texas Youth Commission - scandal)

Civil Terminology

Petitioner/respondent rather than state/defense

True/not true instead of guilty/not guilty

Adjudicated delinquent instead of "found guilty"
Types of Hearings

Detention hearing – required in order to detain a juvenile
(every 10 days)

Adjudication hearing – guilt/innocence phase of the
juvenile proceeding

Disposition hearing – "punishment" phase of a juvenile
proceeding

Modification hearing – probation revocation/modification
hearing

Certification hearing – to certify a juvenile as an adult
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Detention of A Juvenile

When can a child be taken into custody/detained (identified by the family
code as "in custody" not "under arrest")

Probable cause to believe the juvenile violated the law

Probable cause to believe the juvenile violated probation

Probable cause to believe the child engaged in "delinquent conduct"

No warrant required

"in custody" – judged by a "reasonable juvenile standard" (state adopted
standard – not federal)

Judge may also issue an order requiring a juvenile to be taken into custody
– "directive to apprehend" – essentially a juvenile arrest warrant
Detention of a Juvenile

May apprehend a run-away (CINS)

Don't have to take juvenile into custody – may "field release" to
parents (often for minor violations/offenses)

LONG list of what a officer must do when taking a juvenile into
custody


Texas Family Code 52.02(a)

Where a juvenile can be taken

Parent notification

Transport of a juvenile
School Notification – must report any felony offense and some
misdemeanors and must notify school where a registered ex
offender intends to reside
Magistration/ Confessions/ Statements

"Without thorough knowledge of these provisions a
law enforcement officer who attempts to take a
child's confession will be as successful as trying to
walk through a mud puddle wearing snow shoes.
You can certainly do it, but things could get messy."
County
Bexar County
– Pat Garza – Associate
Judge
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Magistration/ Confessions/
Statements
Texas Family Code 51.095


Non-custodial interrogation – much like adult system (no parental notification
required, no magistration/etc.) – though "in custody" is looked at closely

Much like Miranda warnings, a juvenile must be given warning when
interrogated while in custody

HOWEVER – the big difference is, that these warnings must be given by a
neutral magistrate

ADDITIONALLY – a juvenile's statement must be signed in front of a magistrate
without law enforcement/prosecutors present

"In custody" is objective and subjective – "reasonable juvenile" standard

Many things in an adult confession apply in juvenile confessions – spontaneous
statements/coercion/threats/promises/recording statements
Detention Hearings

Purpose:

Timeline

1) Establish probable cause to believe the juvenile engaged in "delinquent conduct" AND

2) Determine whether there is need for detention while the case is pending

Within 2 business days after initial detention (or Monday after a weekend detention)

Every 10 business days after that (can be waived after the first one)


Includes detention for juveniles who are on probation or from a directive to apprehend
Rules of Evidence

Hearsay is admissible

Juvenile respondent's admissions/statements can only be used at future detention hearings

Judge may consider testimony AND reports – so officers rarely called (judicial notice of PC affidavit and
school records)

Priors are admissible
Detention Hearings

Detention is DISCRETIONARY

Family Code presumes release unless:

Child is likely to abscond

Suitable supervision/care/protection not being provided by parent/guardian

No guardian able to return the child to court

Child may be a danger to himself or threaten the safety of the public

Child has previously been found to be delinquent and is likely to commit another offense

Child engages in an offense involving a firearm – can only be released by judge after a hearing
– not by juvenile officer

If Juvenile is 18 or older – Juvenile court may order detention in county jail and set bond or in
the juvenile facility (must be segregated)

Juvenile may stipulate to detention

Juvenile may be released on Conditions of release – like bond condtitions
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Petitions

"Charging instrument" for juvenile cases

"Types" of Juvenile Petitions

Adjudication in juvenile court

Determinate Sentence petitions

Transfer Petitions – "certification"

Hybrid between a criminal and civil document

Deadlines – if the child is being detained 30 or 15 working day deadline

Venue – where the offense/delinquent conduct occurred OR where the
child resides (if child is already under supervision/unable to determine
where acts occurred/county of residence agrees to accept venue)
Adjudication Hearings

The "guilt/innocence" phase of a juvenile proceeding

May be conducted by judge or by a jury


6 jurors unless prosecutor is seeking a determinate sentence

Statutory not constitutional right to a jury trial
Admonitions that must be given at the BEGINNING of an adjudication hearing

Allegations charged

Nature and possible consequences of proceeding – including admissibility in criminal court

Right against self incrimination

Right to counsel

Right to trial and confrontation

Right to jury trial
Adjudication Hearings

Two paths of an adjudication hearing


Stipulation by the juvenile respondent

Essentially a plea of guilty – plea of TRUE to the allegations

Must include a waiver of jury trial
Trial on the merits of the case

Criminal evidentiary rules APPLY

Outcry statements admissible like in adult criminal court

Burden of proof – beyond a reasonable doubt
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Disposition Hearings

Essentially the "punishment phase" of a juvenile proceeding

NO RIGHT TO A JURY (unless a determinate sentence is sought)

Relaxed evidentiary rules

HEAVY reliance on social history report (prepared by probation)

Written reports from probation – admissible

Hearsay admissible - At least one court has ruled that the 6th amendment right to confrontation does not apply to
these hearings because they are not "criminal" in nature

Summary of offense

Juvenile and family's home life and home conditions

Child's report and report from family

Prior run-ins with juvenile court
No disposition allowed unless the court finds child is in need of rehabilitation and/or the protection of
public/child requires disposition

Disposition Options

The court has broad discretion in determining a
suitable disposition for rehabilitation

Options

Focus on rehabilitation

Probation in the parent/guardian/relative's home

Probation in a foster home

Probation in a suitable public of private residential treatment
facility

Commitment at The Texas Juvenile Justice Department (more
later)
Juvenile Probation

Court an establish whatever rules they believe will aid in rehabilitation

Until the juvenile turns 18 years of age – may be discharged prior to this

Some statutory probation conditions (related to DW/Sex offenses/CS)

To place a juvenile outside of the home for probation the court must find

Placement outside the home is in the juvenile's best interest

Reasonable efforts were made to eliminate or prevent need for juvenil'e's removal

In the juvenile's home he cannot be provided the quality/level of supervision to
meet the terms of probation

Chapter 59 of the Family Code – Progressive Sanctions Model – guidelines for
rules of probations

Court may also order certain actions by parents including restitution, community
service, attorney's fees etc…

What we do in Ector County
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Commitment to TJJD

Indeterminate amount of time

Decided once they get there based on a variety of factors (nature of the offense, prior juvenile
history, completion of rehabilitation program)

As little as 9 months up to 9 years

TJJD can keep a juvenile until their 19th birthday

Cannot commit for misdemeanors only (even if all avenues have been exhausted)

The court committing the juvenile must provide extensive reports to TJJD

Court must find the same three things that it is required to find for probatin outside the home
AND

Sec. 54.04013. the court must make a special finding "that the child has behavioral health or
other special needs that cannot be met with the resources available in the community."

Risk and needs assessment should be considered
Modification Hearings

Essentially a probation revocation or modification hearing

Modification petition may be filed by prosecutor, probation, the court, or
the child/child's parent or attorney

Broken into the same adjudication/disposition parts (may be combined if
the juvenile respondent is pleading true to the allegations)

May be filed for violation of probation terms or for new charges

Consequences – same options as a normal adjudication/disposition
hearing

Juvenile may be detained (usually following a new offense OR a directive
to apprehend for probation violations)

Relaxed evidentiary rules – hearsay allowed
Determinate Sentencing

Created as an alternative to certification for serious offenses

Can give a determinate sentence – sort of – after following specific guidelines, for
specific offenses, a judge or JURY may impose a sentence of a certain number of
years

For what Offenses?


Habitual felony offenders

Murder/manslaughter/intox manslaughter

Sex offenses

Full list in 53.045(a) of the Texas Family Code
How Long?

Capital felony/1st degree felony/aggravated CS felony – max of 40 years

2nd degree felony – maximum of 20 years

3rd degree felony – maximum of 10 years

OR probation if the sentence does not exceed 10 years
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Determinate Sentencing

Procedure

1) Juvenile's offense(s) must fit the statute

2) Prosecutor must file a specific petition and inform the juvenile court

3) Petition must be approved by a grand jury

4) Adjudication hearing (either stipulated or trial on the merits)

5) If juvenile is found delinquent – judge or JURY (must elect) may assess a determinate
amount of time (or probation)

If the Juvenile receives probation

If Juvenile receives confinement

Juvenile court must discharge juvenile or have a hearing to transfer to adult court

Juvenile serves time at TJJD and then may be transferred to adult prison to serve the
remainder of sentence

The goal is still rehabilitation in the juvenile system
Case Study – Ethan
Couch
http://www.fox4news.com/news/1631684-story
Certification as An Adult

"Discretionary Transfer to Criminal Court" – always discretionary and also rare

Requires a hearing

To be eligible for "certification" if the individual is 17 or younger

If the individual is 18 or older (these have their own set of rules)

Court essentially waives its exclusive jurisdiction and transfers the case to criminal district court

14 or older at the time of the offense – capital felony, 1st degree felony, aggravated CS felony

15 or older at the time of the offense – 1st, 2nd, or 3rd degree felony (not for SJF)

Can be "certified" in certain situations

Prosecutor must prove (1) no probable cause when the person was a juvenile OR (2) absconder
through no fault of the prosecutor

Once "certified" always "certified"

Once "certified" treated exactly like an adult (excluding death penalty or life without the
possibility of parole)
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Certification as An Adult

Procedure

Prosecutor files a certification petition

Diagnostic study, social evaluation, complete investigation of the child and the offense

Transfer hearing is held by the judge (relaxed evidentiary rules)


Court must find

(1) PC to believe offense occurred

(2) Safety and protection of the public require certification
Factors considered for certification

Whether the offense is against a person or property

Sophistication and maturity of an adult (16 years 11 months vs 14 years old)

Previous record

Danger to the public

Likelihood of rehabilitation in the juvenile system
Case Study – TJ Lane

https://m.youtube.com/watch?v=XDV3cDk092k
Sex Offenses and Sex
Offender Registration

Special Probation and Release Conditions - no unsupervised contact with children/ankle
monitor etc…

These are often the most difficult because the victim is often a younger sibling or other
family member

10 year registration post discharge

Four options for registration


Public registration

Non-public registration (available only to LEOs)

Court can excuse registration

Court can defer decision until after completion of sex offender treatment
Hearing – Juvenile or prosecutor may request a hearing (in front of judge) regarding
registration before or after treatment
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Helpful Resources
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