Texas Laws | Juvenile Proceedings |
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The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier. {Tex. Fam. Code Sec. 59.007(b)} {Tex. Fam. Code Sec. 59.008} For a child at sanction level five, the juvenile court may: a. as a condition of probation, place the child for not less than six months or more than twelve months in a post-adjudication secure correctional facility; b. after release from such facility, continue the child on probation supervision for not less than six months or more than twelve months; c. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability; d. impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation; e. require a probation officer to closely monitor the child; f. require the child or the child's parents or guardians to participate in programs or services designed to address their particular needs and circumstances; and g. if appropriate, impose additional sanctions. The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier. {Tex. Fam. Code Sec. 59.008(b)} {Tex. Fam. Code Sec. 59.009} For a child at sanction level six, the juvenile court may commit the child to the custody of the Texas Youth Commission. The commission may: a. require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than nine months or more than twenty-four months unless the commission extends the period and the reason for an extension is documented; b. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of the harm caused and according to the child's ability, if there is a victim of the child's conduct; c. require the child and the child's parents or guardians to participate in programs and services for their particular needs and circumstances; and d. if appropriate, impose additional sanctions. {Tex. Fam. Code Sec. 59.009(a)(1) - (4)} e. On release of a child under supervision, the Texas Youth Commission parole program may: (1) impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision; (2) require a parole officer to closely monitor the child for not less than six months; and (3) if appropriate, impose any other conditions of supervision. {Tex. Fam. Code Sec. 59.009(b)(1) - (3)} The Texas Youth Commission may discharge the child from the commission's custody on the date the provisions of this section are met or the child's 19th birthday, whichever is earlier. {Tex. Fam. Code Sec. 59.009(c)} {Tex. Fam. Code Sec. 59.010} For a child at sanction level seven, the juvenile court may certify and transfer the child to the appropriate district court or criminal district court for further criminal proceedings or sentence the child to commitment to the Texas Youth Commission. {Tex. Fam. Code Sec. 54.02} In some circumstances, the juvenile court may waive its jurisdiction and transfer a child to the appropriate district court or criminal district court for further criminal proceedings. A. Requirements for Filing a Motion for Transfer {Tex. Fam. Code Sec. 54.02} A petition seeking discretionary transfer cannot be filed unless the juvenile is alleged to have violated a penal law of the grade of felony and was: 1. 14 or older at the time he is alleged to have committed a capital felony, an aggravated controlled substance felony, or a first degree felony; or 2. 15 or older at the time the child is alleged to have committed any felony. The petition may not be filed after a child has been adjudicated for the alleged offense; therefore, a transfer hearing is a pre-trial proceeding. A motion for discretionary transfer cannot be filed for any alleged felony for which the juvenile has been previously adjudicated. To order transfer, the court must find after a full investigation and a hearing that there is probable cause to believe that the child committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child, the welfare of the community requires criminal proceedings. In addition to the eligibility and probable cause finding requirements listed above, the Family Code lists the age requirements for transfer. The juvenile must be: a. 18 or older at the time of the hearing and motion for discretionary transfer; {Tex. Fam. Code Sec. 54.02(j)(1)} b. 10 or older but under 17 at the time the child is alleged to have committed murder or capital murder; {Tex. Fam. Code Sec. 54.02(j)(2)(A)} c. 14 or older but under 17 at the time the child is alleged to have committed an aggravated controlled substance felony or a first-degree felony other than murder; {Tex. Fam. Code Sec. 54.02(j)(2)(B)} or d. 15 or older but under 17 at the time the child is alleged to have committed a second-degree, third-degree or state jail felony. {Tex. Fam. Code Sec. 54.04(j)(2)(C)} In addition, the juvenile court must find from a preponderance of the evidence that: a. for a reason beyond the control of the state, it was not practicable to proceed in juvenile court before the child's 18th birthday; or b. after due diligence of the state, it was not practicable to proceed in juvenile court before the 18th birthday of the person because: (1) the state did not have probable cause to proceed in juvenile court and new evidence has been found since the person's 18th birthday; (2) the person could not be found; or (3) a previous transfer order was reversed by an appellate court or set aside by a district court. The juvenile court has no discretion regarding transfer under certain circumstances. The court must waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal court for criminal proceedings if: 1. the child has previously been transferred to a district court or criminal district court for criminal proceedings, unless: a. the child was not indicted in the matter transferred by the grand jury; b. the child was found not guilty in the matter transferred; c. the matter transferred was dismissed with prejudice; or d. the child was convicted in the matter transferred, the conviction was reversed on appeal, and the appeal is final; and 2. the child is alleged to have committed a felony. {Tex. Fam. Code Sec. 54.02(m)} A judge may make a mandatory transfer without conducting the diagnostic study, social evaluation, and full investigation of the child and his circumstances required for discretionary transfer proceedings. {Tex. Fam. Code Sec. 54.02(n)} C. Non-Attorney Judge; Request for Transfer to Alternate Juvenile Court
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