Page 31 - Juvenile Practice is not Child's Play

Critical Phases and Aspects of Your Client’s Case

1. Detention
This the first place your client will go after being arrested. While information gathered at intake or during the
psychological screening may help you determine whether your client has a mental health issue, you should be

aware of possible Fifth Amendment issues if intake personnel and/or the psychological screener has asked your
client incriminating questions (e.g. “Do you use drugs?”). At the detention hearing, one of the critical inquiries
the judge will make to determine whether your client needs to be further detained is, “Is there adequate
supervision at home?” You should investigate your client’s home situation as soon as you are appointed to or

retained to the case so that, if there is evidence of adequate supervision at home, you can show it to the judge
and get your client out of detention quickly. Detention can be particularly harmful to young people with mental
health disorders.

2. Pretrial
If your client has a mental health disorder, you may be able to get their case dismissed by gathering their mental

health information and/or records and sharing these with the prosecutor. You need to be very careful with
this approach, however. Make sure you explain the pros and cons to your client. If the prosecutor with whom

you are dealing is sensitive to mental health issues, this approach could work well, especially if your client has
been charged with a non-violent offense and there is no complaining witness. However, if the prosecutor is
not sensitive to mental health issues, you should not share the information with the prosecutor that could hurt
your client down the road.

3. Commitment
Your client may ask that you move for a commitment because they heard that they will get to leave detention

and move to a mental health facility and has also heard that they get to wear their own clothes and eat better
food. You have an obligation to explain that questions about mental health commitments may show up later
in life in contexts that could make your client feel uncomfortable. For example, a potential employer may ask

about whether your client has ever been committed to a mental health facility on a job application. You should
also tell your client that the time of confinement may be longer if they go to a mental health facility. Remember
that indications of mental health issues may hurt your client in front of certain judges and juries if your client
enters the youth justice system again. You should not move for a commitment just because your client asks

and if you doubt that your client meets the commitment criteria. If you move for a commitment, you should
carefully read and review TFC §§ 55.12-55.18 and the Texas Health & Safety Code provisions to which the
Family Code cites. You should also know that your client is entitled to a hearing before a jury on the issue of a
temporary commitment, but you must request a jury. Tex. Health & Safety Code ann. § 574.032(a). Your client

will automatically get a hearing before a jury on the issue of an extended commitment unless you waive the
jury. Tex. Health & Safety Code ann. § 574.032(b).