Page 48 - Juvenile Practice is not Child's Play

§ If the trial is by jury voir doire is conducted similar to the way it is conducted in Texas criminal

courts. The number of strikes will depend on the type of court you are in and the number of
jurors needed. There are some special considerations for voir dire in a juvenile case, such as
the following:

§ Look for prejudice against youth;
§ Discuss perceptions (keep in mind that they are often misperceptions) about the prevalence of
juvenile crime; and
§ Discuss statistics of crime trends in general

Disposition Hearing

The disposition hearing is like the sentencing phase in a criminal trial. It is a separate and distinct proceeding held after
the adjudication. TFC § 54.04(a). There is no right to a jury except in determinate sentence cases. TFC § 54.04(a). The
court is allowed to consider written reports from probation officers, professional court employees, or professional
consultants. TFC § 54.04(b). Prior to the hearing, the court must provide you access to any written reports. The court

may order that the content of those reports not be disclosed to the child or parents

No disposition may be made unless either the child is found to be in need of rehabilitation or disposition is necessary
for the protection of the child or the public. TFC § 54.04(c). A child may not be placed outside of the home unless the

court finds that the child cannot be provided the quality of care and level of support and supervision in their home that
the child needs to meet the terms of probation.

Before the deposition hearing, you should examine the probation report to find out what the probation department’s
recommendation will be. You will also probably discuss with the prosecution the disposition that the state will seek.
Think about what the state is advocating and what your client desires. You should discuss with your client ahead of
time the possible dispositions. If there is a good alternative program for which your client is eligible, argue for it at the

disposition hearing. You may put on witnesses recommending the program and why it would fit your client’s needs as
well as the court’s desires.

Modification of Disposition

A hearing may be held to modify a disposition on the petition of the child, parent, guardian, guardian ad litem, the
child’s attorney, prosecuting attorney, probation, or the court itself. TFC § 54.05(d). Any disposition except for a

commitment to TJJD may be modified. TFC § 54.05(a).

Hearings to modify the disposition are often used when there is a violation of terms of probation in order to modify
probation to a stricter disposition. The hearing can modify the disposition to commit a child to TJJD. If the hearing is