My Child Was Arrested in Texas: How the Juvenile Justice System Works
When a child is arrested in Texas, the case starts moving before most parents understand what is happening. The first hearing can come within days. The Texas juvenile justice system has its own courts, its own vocabulary and its own deadlines under Title 3 of the Texas Family Code.
This post is a plain-language overview for the adult who has to sit in the room. It does not replace your child's attorney, and it does not predict an outcome.
Who is a juvenile under Texas law?
The juvenile system generally covers a child who is at least 10 and younger than 17 at the time of the conduct (Texas Family Code § 51.02). A juvenile case is not an adult criminal case. The court decides whether the child engaged in delinquent conduct or conduct indicating a need for supervision (§ 51.03). A finding is called an adjudication, not a conviction.
What happens at a juvenile detention hearing in Texas?
A child who is taken into custody may be released to a parent or held in a juvenile detention facility. If the child is held, the court must hold a detention hearing quickly, generally no later than the second working day after the child is taken into custody (§ 54.01).
At that hearing the judge decides whether the child goes home or stays in detention while the case is pending. There is no bail as there is in adult court. A detention order lasts a limited time, and the court must hold another hearing to continue it. What a parent can show about supervision at home matters here.
Does my child have the right to a lawyer?
Yes. A child has the right to an attorney at every stage of a juvenile case (§ 51.10). If the family cannot afford one, the court appoints one. The attorney represents the child, not the parent. Texas also has special rules for statements a child makes while in custody (§ 51.095). Talk to your child's attorney before your child answers questions about the case.
What are intake, diversion and the petition?
After a referral, the juvenile probation department reviews the case. Some cases are handled without going to court, including through deferred prosecution, which is a period of supervision that can end the case if the child completes it (§ 53.03). In other cases the prosecutor files a petition, which is the formal document that says what the child is accused of doing (§ 53.04).
What are the adjudication and disposition hearings?
A juvenile case has two separate hearings.
Adjudication hearing: the court or a jury decides whether the child engaged in the conduct. The state must prove it beyond a reasonable doubt (§ 54.03).
Disposition hearing: if the conduct is proven, the court decides what happens next, such as probation at home, placement outside the home or, for some felony conduct, commitment to the Texas Juvenile Justice Department (§ 54.04).
In the most serious cases, the state can ask for a sentence that can extend into adulthood, or ask the juvenile court to transfer the case to adult criminal court (§ 54.02).
Can a juvenile record be sealed in Texas?
Often, yes. Chapter 58 of the Family Code allows juvenile records to be sealed. Some records are sealed without an application once the conditions are met, and others require an application to the court. Eligibility depends on the conduct and how the case ended, so sealing should be part of the conversation with the attorney from the start.
Frequently asked questions
Will my child have a criminal record after a Texas juvenile case?
A juvenile adjudication is not a criminal conviction. A juvenile record still exists and can matter later, which is why the sealing rules in Chapter 58 of the Family Code are important.
How quickly is the first hearing after a child is detained in Texas?
If the child is held, a detention hearing is generally required no later than the second working day after the child is taken into custody (§ 54.01).
Can a child be tried as an adult in Texas?
In limited cases. The state can ask the juvenile court to waive its jurisdiction and transfer a child to adult criminal court for certain felony conduct (§ 54.02). The juvenile court holds a hearing before deciding.
Get the full guide
Get Juvenile Justice in Texas as an eBook and follow the case in the order you will meet it, from detention to disposition, appeals and sealing. Read Juvenile Justice in Texas.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
