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Children and the Law

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1. What happens when charges are filed against a child?

A probation officer initiates a court investigation.

After making a detailed assessment of the child’s behavior, home, school and social relationships, the officer writes a social history report to assist the judge in deciding on a plan for the child’s future.

2. What happens when a child goes to court?

In the court proceeding, called an adjudication hearing, the child, the child's family and the child’s attorney appear before a judge or jury that will decide if the child committed a delinquent act or conduct indicating a need for supervision. If the child is adjudicated for the offense, the judge orders a "disposition" -- a plan to protect the public and to redirect the child toward a law-abiding future.

Dispositions in most counties are based on "progressive sanctions" guidelines aiming to provide appropriate consequences and outcomes for juvenile offenders.

3. What can the Judge decide?

Juvenile court judges have many options from outright dismissal to long-term confinement in a correctional facility. For felony offenses, a youth 14 or older can be "certified" to stand trial in the adult criminal courts.

For other serious offenders, the Determinate Sentencing Law allows a juvenile to be confined up to 40 years, first in a facility, followed by an optional court transfer to prison.

For less serious offenders who require confinement, the judge may order an indeterminate commitment to the Texas Youth Commission where the child may be held until his or her 19th birthday.

In most cases, however, the judge orders some form of probation supervision in the community, or placement in a private, state or local residential treatment facility.
Learn more about the Texas Youth Commission.

4. How can I contact the juvenile probation department in my area?

View a list of Texas Juvenile Probation Departments.