Page 46 - Juvenile Practice is not Child's Play

Please refer to the Appendix B for a Sample Motion to Bar Further Prosecution and for Transfer to Juvenile

Court
For status offenses and fine-only offenses the juvenile court may, with the justice or municipal court’s
permission, transfer jurisdiction to the justice and municipal court. TFC §§ 55.021 and 54.023. The justice or

municipal court is not allowed to order confinement for contempt under these sections.

Adjudication Hearing

The adjudication hearing is like the guilt/innocence phase of a criminal trial. Its purpose is to determine whether or
not the youth committed delinquent conduct or is in need of supervision. The Family Code requires that there be an
adjudication hearing even if there is a plea agreement. Decision by summary judgment is prohibited even though the

proceeding is technically a civil one.

At the beginning of all adjudication hearings, the court must make several admonitions, regardless of whether a plea
agreement has been reached. The court must also explain to the parents and the child the allegations made against the

child; the possible consequences of the proceedings, including the law relating to the admissibility of the record of a
juvenile court adjudication in a criminal proceeding; the child’s privilege against self-incrimination; the child’s right to
trial; the child’s right to confrontation of witnesses; the child’s right to representation by an attorney if they are not
already represented; and the child’s right to a jury trial. TFC § 54.03.

1. Adjudication with Agreement
When the state and a child agree to a disposition, the state must inform the court of the agreement. The court
must inform the child that they are not required to accept the agreement. The court may wait until reviewing

a report under TFC § 54.04(b) to make its decision. If the court accepts the agreement, it must make the
disposition as the agreement directs. If the court rejects the agreement, the court informs the child and gives
the child an opportunity to withdraw the plea. Nothing from the plea can be heard in any other hearing on the
case if the court rejects the plea. TFC § 54.03(j). The court must also admonish the child that if they enter a

plea, they can only appeal with the court’s permission or when error is preserved by written motion. TFC §§
56.01(n) and 54.034.

Where the sides have reached an agreement, evidence of guilt must still be presented. It can be presented in

two ways: an oral confession in court by the child or a written stipulation.

2. Adjudication without Agreement