Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

ii. Pre-Adjudication Detention
As noted in the introduction to this section, law enforcement and juvenile courts have many options for
dealing with juvenile offenders. But no matter what measures authorities choose, there will be an initial
decision about whether the child should be detained or released. For example, if the child is accused of
a very serious offense like sexual assault, the court might decide to hold the child in detention while the
case proceeds.
However, in general, there is a presumption in the juvenile system to release offenders to their parents
or guardians. In order for a juvenile court to go against that presumption and detain a child before
adjudication, the court must find at least one of five criteria during a formal detention hearing:
1) The child is likely to leave the court’s jurisdiction.
2) Suitable supervision, care, or protection for the child is not being provided by a parent, guardian,
custodian, or other person.
3) The child has no parent, guardian, custodian, or other person able to return him to the court
when required.
4) The child may be dangerous to himself or herself, or may threaten the safety of the public if released.
5) The child has previously been found to be a delinquent child or has previously been convicted of a
penal offense punishable by a term in jail or prison and is likely to commit an offense if released.
(Tex. Fam. Code § 54.01)
In cases where a child commits sexual assault or a related crime, the court might detain the child under
the fourth criterion. Of course, if the child has committed an offense previously, the fifth criterion will
apply. In any juvenile case, however, the victim should be prepared for the possibility that the court
will release the child-offender into the custody of his or her custodian.
ADVOCACY ACTION: Always remember that victims have the statutory right to have
their safety considered by the court when making this decision. (p. 28, Tex. Fam. Code §
57.002(2)) If you are concerned the court is not honoring that right, encourage the survivor to
speak up and assert it by telling the judge or prosecutor she or he feels unsafe.
In most cases, the detention hearing will be held, without a jury, within two working days from the time
authorities take the child into custody.
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