JUVENILE COURT

WHO WE ARE AND WHAT WE DO

DELINQUENCY CASES

THE JUVENILE COURT HANDLES CRIMINAL CASES ABOVE CLASS B MISDEMEANORS TO CAPITAL MURDER FOR CHILDREN WHO COMMITTED THE OFFENSE BETWEEN THE AGE OF 10 AND 16 INCLUSIVE

JURY TRIAL

ALL JUVENILES CHARGED WITH A CRIMINAL OFFENSE IN JUVENILE COURT ARE ENTITLED TO A JURY TRIAL FOR ADJUDICATION (GUILT-INNOCENCE)

JURY TRIAL

JUVENILES CHARGED ONLY WITH DELINQUENCY ARE NOT ENTITLED TO A JURY TRIAL FOR DISPOISTION (PUNISHMENT)

DETERMINATE SENTENCING

JUVENILES CHARGED WITH FELONIES FROM 3RD DEGREE TO 1ST DEGREE MAY HAVE THEIR CASE CERTIFIED BACK TO THE JUVENILE COURT BY THE GRAND JURY FOR DETERMINATE SENTENCING PROCEEDINGS

DETERMINATE SENTENCING

A DETERMINATE SENTENCING CASE CAN BE TRIED TO A JURY FOR BOTH ADJUDICATION AND DISPOSITION

JURY TRIAL BURDEN

JUVENILE CASES ARE LIKE ADULT CRIMINAL CASES. THE STATE MUST PROVE EACH AND EVERY ELEMENT OF THE OFFENSE BEYOND A REASONABLE DOUBT.

JURY TRIAL VERDICT

IN A JUVENILE CASE THE VERDICT MUST UNAMIOUS JUST AS IN A ADULT CRIMINAL CASE

PUNISHMENT

PUNISHMENT IN JUVENILE COURT IS CALLED DISPOSITION. MISDEMEANORS CAN RESULT IN PROBATION TILL 18 EITHER AT HOME OR IN A COUNTY FACILITY.

PUNISHMENT

PUNISHMENT FOR DETERMINATE SENTENCING CASES ARE AS FOLLOWS:

1ST DEGREE: 1 DAY PROBATION UP TO 40 YEARS INCARCERATION

2ND DEGREE: 1 DAY PROBATION UP TO 20 YEARS INCARCERATION

3RD DEGREE: 1 DAY PROBATION UP TO 10 YEARS INCARCERATION

ALL CASES CAN BE PROBATED IF THE SENTENCE IS 10 YEARS OR LESS

TRANSFER TO ADULT COURT

1ST DEGREE FELONIES WHERE THE CHILD IS 14 YEARS OR OLDER THE DA’S OFFICE CAN REQUEST THE JUVENILE COURT TO TRANSFER ITS ORIGINAL JURISDICTION TO ADULT COURT FOR CRIMINAL PROSECUTION

DFPS (CPS) CASES

THE JUVENILE COURTS IN HARRIS COUNTY ALSO HEAR DFPS CASES INVOLVING ABUSE AND NEGLECT OF CHILDREN

DFPS PROCEEDINGS

IN A DFPS CASE THE CASE IS INITIATIED BY THE FILING BY DFPS OF A PETITION FOR TERMINATION OF PARENTAL RIGHTS OR A PETITION IN SUIT AFFECTING THE PARENT CHILD RELATIONSHIP

DFPS PROCEEDINGS

THE INITIAL HEARING IS CALLED AN EMERGENCY HEARING TO DETERMINE IF THERE WAS AN EMERGENCY NEED FOR DFPS TO TAKE CUSTODY OF THE CHILD

DFPS PROCEEDINGS

IF THE COURT GRANTS DFPS EMERGENCY CUSTODY THEN THERE IS AN ADVASARY HEARING WITHIN 14 DAYS AT WHICH TIME DFPS HAS TO SHOW CAUSE WHY THEY SHOULD CONTINUE TO HAVE TEMPORARY CUSTODY (TMC)

DFPS PROCEEDINGS

IF THE COURT GRANTS DFPS TEMPORARY CUSTODY AT THE ADVASARY HEARING THEN THE NEXT HEARING IS A STATUS HEARING TO REVIEW THE FAMILY SERVICE PLANS FOR THE PARENTS TO COMPLETE TO ATTEMPT TO GET THEIR CHILDREN PLACED BACK WITH THEM.

DFPS PROCEEDINGS

THE NEXT HEARING AFTER THE STATUS HEARING IS A PERMANANCY REVIEW HEARING TO REVIEW THE PLACMENT OF THE CHILDREN, THE PROGRESS THE PARENTS ARE MAKING ON THE FAMILY SERVICE PLAN AND THE DIRECTION OF THE CASE

DFPS PROCEEDINGS

THERE ARE USUALLY TWO PERMANANCY HEARINGS PRIOR TO THE FINAL HEARING WHICH MAY BE TO THE COURT OR A JURY.

DFPS JURY TRIAL

IN A DFPS CASE THE JURY VERDICT IS THE SAME AS IN A CIVIL CASE

10 JURORS MUS AGREE ON EACH ANSWER IN THE VERDICT. IF LESS THAN 10 JURORS CAN’T AGREE THEN THERE IS A “HUNG JURY”

PMC HEARINGS

THE OTHER TYPE OF DFPS HEARING IS WHEN THE CHILD OR CHILDREN ARE IN THE PERMANENT CUSTODY OF DFPS. THIS HEARING IS TO DETERMINE THE STATUS OF THE CHILD OR CHILDREN AND TO WORK TOWARD PERMANENCY (ADOPTION OR REUNIFICATION WITH FAMILY)