Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

The biggest difference between a juvenile delinquency proceeding and a criminal trial is that if a child is
found to have engaged in delinquent conduct, the conduct is not treated as a crime. Instead, the court
views the juvenile’s conduct as proof of the child’s need for supervision, counseling, discipline, or some
other rehabilitative measure. For more dangerous conduct, the court might also determine that the child
should be confined to protect the safety of those around him or her. Basically, because the offender is a
child, pure retribution against the offender is not the chief purpose of the juvenile justice system.
The court can respond to delinquent conduct in several different ways:
• Probation: Juvenile probation can include any of the restrictions or requirements ordinarily
associated with probation (p. 88, Informal Juvenile Probation). In addition, in the juvenile context,
the court has 3 placement options for the juvenile to carry out his or her probation: (1) in the
child’s home or in the custody of a relative or other fit person, (2) in a suitable foster home, or (3)
in a suitable public or private institution—but not a Texas Youth Commission (“TYC”) facility. The
placement decision will depend on the juvenile’s particular circumstances, and the probation period
cannot extend beyond the juvenile’s 18th birthday.
• TYC Commitment: The Texas Youth Commission is the institutional arm of the juvenile justice
system. Its purpose is to provide for the care, custody, rehabilitation, and the reestablishment in
society of juveniles who have engaged in delinquent conduct. Only juveniles who are adjudicated
for felonies can be committed to TYC’s custody. TYC has exclusive discretion as to how long the
juvenile must stay in its custody, but the length of the commitment cannot extend beyond the
juvenile’s 21st birthday. Decisions by TYC about when to release a juvenile depend on such factors
as the nature of the juvenile’s offense, the juvenile’s history and background, and the juvenile’s
behavior while in TYC. TYC also sets minimum lengths of stay for all offenses.
• Orders Affecting Persons Other Than the Child: Because a major purpose of a delinquency
adjudication is to improve conditions in the child’s life that could be contributing to his or her
delinquency, the juvenile court has authority to issue orders enforceable against the child’s parents
or guardians. The orders can require a parent to pay child support, enroll the child or the family in
counseling, or refrain from doing something. The court can also order a parent or guardian to pay
court costs and probation fees.
• Orders for Restitution or Community Service: These orders often fall under a juvenile’s
probation agreement. In fact, for any child placed on probation, the court must order community
service (up to a maximum of 500 hours). On the other hand, an order to pay restitution may or may
not be part of a child’s probation. The court can also order the child’s parents to pay restitution.
• Driver’s License Suspension: In any formal delinquency proceeding, the juvenile court can
choose to suspend the child’s driver’s license as part of the disposition. For certain offenses
involving drugs or alcohol, in fact, the court must suspend the child’s license.
Sex Offender Registration
Additionally, juveniles convicted of certain sexual offenses may be required to register publicly as sex
offenders under Chapter 62, Code of Criminal Procedure. Refer to the previous chapter on Sex Offender
Management and Treatment to see the specific circumstances where juveniles must register. (pp. 70, 75,
Sex Offenders)
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