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 3 RD DEGREE TO 1 ST 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: 1 ST DEGREE: 1 DAY PROBATION UP TO 40 YEARS INCARCERATION 2 ND DEGREE: 1 DAY PROBATION UP TO 20 YEARS INCARCERATION 3 RD 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 1 ST 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)