Page 54 - Juvenile Practice is not Child's Play

The court can also require parents to attend certain services and identify the restrictions they will put on their child’s

behavior.

The court may impose deferred prosecution if it satisfies the criteria of TFC § 53.03. These include that it be in the best

interests of the public and the child, the parents and child consent with the understanding that consent is not required,
and the parent and child are informed that they may terminate the deferred prosecution at any time and petition the
court for a hearing on the case. The child may not be detained as part of deferred prosecution. An incriminating
statement made by the child in discussions incident to deferred prosecution may not be used against the child in any

court hearing. There is generally a fee charged in connection with deferred prosecution. A youth who completes a
deferred prosecution program does not have to register as a sex offender, even if their offense was one covered by the
law.

The Teen Court program provides a related service. TFC § 54.032 allows the deferral of adjudication proceedings for
no more than 180 days if the child is alleged to have committed a CINS violation or a crime punishable by fine only.
The child must testify under oath that the allegations are true and request referral to a teen court program. If the child

has not successfully completed a teen court program for the same offense within the last two years and the program is
approved by the court, the child can have the case dismissed if the program is completed within 90 days of the teen
court’s punishment hearing. The court may impose a $10 fee.

Judicial Probation

Sanction level three covers misdemeanors involving a firearm, state jail felonies, and third-degree felonies. The court

can place the child on probation for a period between six and 12 months. This probation generally includes restitution,
community service, specific restrictions on the child’s behavior, and a probation officer monitoring the child’s activities
and behaviors. The child’s parents may also be required to participate in specific services.

Intensive Supervision Probation

Sanction level four is applied if the offense involves a second-degree felony. This probation requires the child to

participate “for not less than three months or more than twelve months in an intensive services probation program that
emphasizes frequent contact and reporting with a probation officer, discipline, intensive supervision services, social
responsibility, and productive work.” TFC § 59.007(a)(1). This section envisions programs like boot camps, but they are
not the only possible type of program. After release from such a program, the probation continues for between six and

12 months. This probation also requires restitution and community service. A change in language from the other levels
makes it clear that probation requirements are to be more stringent and that the probation officer has more contact
with the child.