Page 53 - Juvenile Practice is not Child's Play

If a child is referred to a court or probation department, the probation department alone or the court may assign

sanction level one. It is sometimes called supervisory caution. This level is for CINS conduct, except for violations under
TFC § 51.03(b)(5). At this level the court or probation department may: require counseling; inform the child of the
sanctions that could be imposed for future delinquent conduct; inform the parents of their responsibilities to impose

limits on behavior; provide assistance and information to the child and the parents regarding social services; require
parents to participate in certain programs; refer the child to a community-based intervention program; and release the
child to their parents.

A juvenile board may also create a first offender program under TFC § 52.031. These programs are available to youth

who are first-time offenders taken into custody for CINS or delinquent conduct that is not a felony (except for state jail
felonies that don’t involve violence or use of a deadly weapon) or a misdemeanor involving violence or use of a deadly
weapon. The juvenile board must designate which agencies will process the child under a first offender program. The
officer who took the youth into custody must file a written report.

Under a first offender program, there can be no detention of the youth, the parents and youth receive notice, and the
parents and youth must consent to the youth’s participation in the program. The notice must state the grounds for
taking the youth into custody, identify the officer or agency to which the child was referred, describe the program, and

explain the consequences if the child fails the program. The program may require voluntary restitution, voluntary
community service, training and rehabilitative services, and periodic reporting to the officer or agency to which the
child was referred.

If the youth completes the program, the case may not be referred to juvenile court. The case may be referred to the
juvenile court if the youth fails to complete the program, the youth or the parents terminate the child’s participation in
the program, or the child is taken into custody for a violation within 90 days of completing the program. No statement

by a youth to a person working with the first offender program may be used against the youth in any delinquency or
criminal proceeding.

Deferred Prosecution

Deferred prosecution is for offenses that fall under sanction level two. It consists essentially of probation without a
formal adjudication. The probation may not last more than one year. If the probation is successfully completed, the case

must be dismissed with prejudice. Deferred probation is technically only available for CINS offenses or Class A and B
misdemeanors, although the prosecutor (and probably the Court) has discretion to send any case to deferred
prosecution. TFC § 53.03(e). If the offense involved use or possession of a firearm, the youth is not eligible. TFC §
59.003(a)(2). Common terms for the probation include restitution, community service, and community-based services.