"When a Child Breaks The Law in Texas"

In Texas the ages of juvenile justice jurisdiction are 10 through 16. The handling of juveniles is strictly regulated by state law, but juvenile probation is locally administered at the county level.
 

For minor violations, the police may simply warn the child and parents. However, when further action is needed to protect the public or the child, or to prevent future offenses, the case is forwarded to local juvenile probation officials.

All juveniles with alleged delinquent offenses that are crimes punishable by jail for adults are fingerprinted and entered into a statewide central repository. Their criminal history record may then be accessed by law enforcement and juvenile justice agencies throughout Texas.

Intake officers are skilled in crisis intervention, information gathering and assessment. They resolve some cases through counseling and refer others to more appropriate social agencies. If charges are to be filed in court, intake makes the initial decision about where the child will stay pending judicial proceedings. Many are safely released to parents or guardians but others must be held in secure detention or in a shelter.

Many are charged with minor offenses or "status offenses" such as truancy or running away from home. However, one-third or more are serious offenders who may have committed crimes such as burglary, assault or murder. Substance abuse, family violence and school problems are common.

At intervals set by law, children in detention have detention hearings where a judge must be shown there is good cause to hold them. Children are not detained without due process of law. The more than 55 detention centers in Texas offer top quality custodial care, crisis intervention, counseling, education and many other services.

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.

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.

Dispositions in most counties are based on "progressive sanctions" guidelines aiming to provide appropriate consequences and outcomes for juvenile offenders. The guidelines provide a continuum of progressive steps designed to balance public protection, offender accountability and rehabilitation.

For other serious offenders, the Determinate Sentencing Law allows a juvenile to be confined up to 40 years, first in a Texas Youth Commission 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 21st 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.

The court-ordered rules of probation demand school attendance, good conduct, curfews and participation in specified programs, including community service and financial restitution. Probation officers enforce these rules while they help the child and family achieve positive change.

Parents are expected to participate in their child’s probation program. As the source of social, emotional and financial support, the family is key to a successful probation outcome. Family counseling, parent training and support groups help parents meet the challenge of raising teenagers today.

Probation practitioners work hard to see that children leaving their care and custody are better equipped to build productive, law-abiding futures. Because all children have the potential for good, they deserve our best efforts in their behalf.