Texas Juvenile Law

1 Texas Juvenile Law9th EditionRobert DawsonTexas Juvenile Justice DepartmentAugust 2018 Texas Juvenile JUSTICE DEPARTMENT Texas Juvenile LAW NINTH EDITION An Analysis of Juvenile Statutory and Case Law for Texas Juvenile Justice Officials Through the 85nd Texas Legislature Original Author Dr. Robert O. Dawson Updated By Texas Juvenile Justice Department Managing Editor and Principal Contributor Nydia D. Thomas, Special Counsel for Legal Education and Technical Assistance Editor and Principal Contributor Kaci Singer, Staff Attorney and Policy Supervisor Cover Design Alba Pe a Creative Media Designer Published August 2018 Copyright 2018 by Texas Juvenile Justice Department Texas Juvenile Justice Department Camille Cain, Executive Director 11209 Metric Boulevard, Bldg. H, Suite A Post Office Box 12757 I Austin, Texas 78711 Central Office Number TJJD Board Members Wes Ritchey (Chair), Dalhart Edeska Barnes, Jasper Carol Bush, Waxahachie James Castro, Bergheim Scott W.

2 Fisher, Euless Pama Hencerling, Victoria Lisa K. Jarrett, San Antonio David Scott Matthew, Georgetown Mary Lou Mendoza, Beeville Stephanie Moreno, Beeville Candy Noble, Lucas Allison Palmer, San Angelo James Smith, Midland Copyright 2018 Texas Juvenile Justice Department The Texas Juvenile Justice Department (TJJD) Office of the General Counsel offers legal education and technical assistance to Juvenile justice practitioners statewide. The Ninth Edition of Texas Juvenile Law is published as an educational service and the information contained herein is not intended as professional or legal advice and no attorney-client relationship is created. The content of this book is based on a compilation of statutes and case decisions that apply generally within the discipline of Juvenile law in Texas . Statutory excerpts should be compared with original legislative enactments. Case excerpts should be compared with case decisions.

3 Although every effort is made to ensure the accuracy of the information provided, readers are encouraged to abide by state and local policies and procedures, conduct independent research and/or consult with legal counsel. While this book may be of assistance as a general reference, it is not a definitive compilation of prior or subsequent statutory amendments or case decisions. The Texas Juvenile Justice Department, editors, contributors, and publishers make no express or implied rep-resentation that the commentary contained herein is accurate, current, or complete. Any views and opinions expressed in this edition are those of the contributing authors or editors and do not necessarily reflect those of the Texas Juvenile Justice Department. The Texas Juvenile Justice Department, an equal opportunity employer, does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services, programs or activities.

4 In compliance with the american with Disabilities Act, this document may be requested in alternative formats by contacting the Texas Juvenile Justice Department at the above address. The Texas Juvenile Justice Department wishes to thank the following individuals for their contributions to the Ninth Edition of Texas Juvenile Law. Guest Editors and Contributors Wesley Shackelford Deputy Director Texas Indigent Defense Commission Texas Juvenile Justice Department Production Team Kristy Almager Juvenile Justice Training Academy Josh Bauermeister Policy Writer Scott Friedman Technical Assistance Specialist Kathryn Gray Attorney Reni Johnson Paralegal Jill Mata Former General Counsel Jenna Reblin Attorney Steve Roman Policy Writer Maria Tissing Executive Assistant Alexandra Vargas Law Clerk Maggie Ellis Attorney at Law Travis County Karen Kennedy Interim General Counsel Texas Juvenile Justice Department Hon. Pat Garza Associate Judge, 386th District Court Bexar County John A.

5 Gonzales Special Counsel, State Supported Living Centers Health and Human Services Commission Daryl Liedecke Deputy Administrator, Interstate Compact for Juveniles Texas Juvenile Justice Department Regan Metteauer Program Attorney Texas Municipal Courts Education Center A teacher affects eternity; he can never tell where his influence stops. -Henry Brooks Adams The Ninth Edition of Texas Juvenile Law and all future editions are permanently dedicated to Dr. Robert O. Dawson who will forever be in the hearts and minds of all Juvenile justice professionals in Texas . In Memory of Robert O. Dawson 1939 - 2005 Robert O. Dawson March 7, 1939 ~ February 26, 2005 Don't follow the path. Go where there is no path and begin the trail. When you start a new trail equipped with courage, strength and conviction, the only thing that can stop you is you! - Ruby Bridges, Civil Rights Pioneer Foreword by Camille Cain The Texas Juvenile Justice Department (TJJD) is proud to present the Ninth Edition of Texas Juvenile Law.

6 This publication has been carefully updated by a select group of Juvenile law experts and is the standard reference work for Juvenile court judges, Juvenile probation officers, law enforcement personnel, prosecutors, defense attorneys, and academicians. While there are similar publications, we take a great pride in knowing that Texas Juvenile Law is often cited as the authoritative source for analysis of Juvenile statutes and case decisions. Since beginning my tenure as the executive director of the Texas Juvenile Justice Depart-ment in January 2018, I have become increasingly aware of the importance of balancing inno-vation with the continuity and tradition that many Juvenile justice practitioners have come to expect. The focus of my leadership at TJJD has been to dedicate our agency to providing the highest levels of care for our youth to ensure their safety and well-being. I envision a unified Juvenile justice system that employs the Texas Model: a desire to keep youth as shallow in our system as possible, a commitment to providing greater access to family and support systems, and the full implementation of trauma-informed care to meet the real needs of our youth.

7 I have been honored to engage with a cross-section of system stake-holders around the state to understand and incorporate the varied perspectives of practitioners who have invested time and energy toward improving the lives of the children and families of Texas . As we continue our efforts to make Texas Juvenile justice a model of excellence for the nation, one important strategy is to provide educational resource materials that will enhance prac-titioners working knowledge of the legal procedures, structure , and operations of the system. In recent years, the restructuring of the Juvenile justice system has presented new realities regarding the most efficient way to impart information to the field. We recognize and respect the long-term legacy of the original author, the late Professor Robert O. Dawson, former Bryant Smith Chair in Law at the University of Texas School of Law in Austin, Texas . Professor Dawson was the primary drafter of Title 3 of the Family Code, and his vast body of legal writings has shaped Juvenile jurisprudence in Texas .

8 Since publishing the Eighth Edition in 2012 and the Supplement in 2014, we have noted that legislative changes affecting Juvenile law have increased in frequency and complexity. From a publication standpoint, we are challenged to keep pace with these changes. To that end, we have explored new and innovative platforms to distribute this important legal reference book. We are confident that the Ninth Edition will honor the substantial work of the original author and exceed the expectations and needs of our estab-lished base of users. For the first time, Texas Juvenile Law will be available as a perfect-bound, print-on-demand book that can be ordered through various online commercial book vendors. This greatly reduces our need to produce and maintain a large inventory and eliminates internal processing and shipping responsibilities. As part of our commitment to Juvenile probation departments, Juvenile courts, and designated system stakeholders, we will distribute a digital copy in Portable Document Format (PDF) for easy reference.

9 The Office of the General Counsel Legal Education and Technical Assistance Section assembled a well-respected and expe-rienced legal team current and former TJJD attorneys Nydia Thomas, Kaci Singer, Jenna Reblin, Jill Mata, Kathryn Gray and John Gonzales and law clerk Alexandra Vargas who worked diligently to review and document the important legislative changes and case decisions since our last publication. In addition, we have tapped into the specialized expertise of guest contributors Hon. Pat Garza, Regan Metteauer, Darryl Liedecke, Maggie Ellis, and Wesley Shackelford. I also want to acknowledge our amazing pro-duction team: Steve Roman, Josh Bauermeister, Reni Johnson, Alba Pe a, Kristy Almager, Scott Friedman, Maria Tissing, and oth-ers who were involved in the publication process. We are glad to present this edition to the dedicated cadre of practitioners who are committed to achieving the highest standards of professionalism in the field of Juvenile justice and, by extension, delivering the highest possible level of care for our youth to help them lead productive lives.

10 Camille Cain Executive Director Texas Juvenile Justice Department Justice is truth in action. -Benjamin Disraeli Managing Editor s Preface by Nydia D. Thomas, Building Capacity and Competence. Texas Juvenile Law, Ninth Edition reflects the transformational change that has been characteristic of the Juvenile justice system over the past two decades. Since its initial printing in 1984, Texas Juvenile Law has guided the work of practitioners in every aspect of the system and underscored the concept that information builds capacity and competence. The original author, Dr. Robert Dawson, often referred to this book as the operator s manual for the Texas Juvenile justice system. For those of us who worked with him over multiple editions, this project is a meaningful way to continue his valuable contribution to Juvenile law. In recent years, we have admittedly endured the stresses of sustaining this project through challenging times, tight resources, and shifting priorities.