The Texas juvenile justice system treats girls differently than boys in several key ways, including separate housing in detention facilities, gender-appropriate supervision during searches, and specialized programming. While girls make up only about 30% of juvenile referrals, families seeking information about what happens when a daughter enters the system often struggle to find answers. This guide explains the unique aspects of Texas juvenile detention and court processes for girls.
Board Certified Juvenile Lawyer Lisa Herrick shares what families need to know about their daughter’s journey through the Texas juvenile justice system.
What Offenses Lead Girls Into the Juvenile System?
According to 2023 Texas Juvenile Justice Department records, approximately 30% of all juvenile court referrals were girls. The offenses bringing girls into the system differ significantly from those for boys. Girls were most likely to be referred for misdemeanor assault causing bodily injury (41% of referrals), misdemeanor theft (46% of referrals), and runaway (57% of referrals).
These lower-level offenses mean girls are more likely to be diverted out of the system without going through detention or the formal court process. This creates a challenge for families. With fewer girls going through the system, there are fewer conversations and less available information about what happens specifically for juvenile girls.
What Happens When a Girl Is Taken to Juvenile Detention?
Texas law provides strict protections for girls in juvenile detention centers. The Texas Administrative Code, Section 343 outlines detailed regulations for how facilities must handle female residents.
In detention, a girl will receive her own room in a girls-only wing, unit, or pod of the facility. She will share bathrooms only with other girls. The facility will provide her with a gender-neutral uniform and basic hygiene items. While girls may be combined with male residents at certain points during the day, the girls unit typically stays together and separate from boys.
Will Male Guards Supervise My Daughter?
Male guards may work at facilities that also house boys. However, Texas law prohibits male staff from supervising showers, clothing changes, or personal hygiene practices for female residents. If a pat-down or strip search becomes necessary, only a female staff member may conduct it, and it must be done in private.
For probation officers assigned after intake or during supervision, there are no legal restrictions based on gender. Both male and female probation officers may supervise girls on pre-trial or post-adjudication probation.
Are There Specialized Programs for Juvenile Girls in Texas?
Most programs and services offered through juvenile probation departments are designed for both boys and girls, or sometimes only for boys. Few jurisdictions offer programs specifically for girls.
Larger counties typically have more options. For example, Tarrant County offers SafeDate, a domestic violence awareness and prevention course geared toward girls. Harris County provides the GEMS program (Girls Empowerment, Mentoring, and Support), which addresses the unique needs of girls with mental health challenges or a history of trauma or abuse.
If you believe your daughter would benefit from specialized programming, talk to her defense attorney about what options exist in your county. Sometimes families can arrange voluntary placement at a private facility with more girl-specific services than the juvenile department can provide.
Can a Girl Be Sent to Residential Placement?
Residential placement may be ordered when a child needs more intensive services than community-based probation can provide. These are secure, locked facilities (separate from TJJD) used for mental health treatment, behavioral intervention, or specialized programs like sex-offender treatment.
Unfortunately, most Texas counties have very limited residential placement options for girls. It is common for facilities to reject a girl due to her juvenile history, advanced mental health needs, or other circumstances. If residential placement appears likely for your daughter, consider researching private facilities independently. You may find more options by arranging voluntary placement rather than waiting for the juvenile department to locate a facility.
What If My Daughter Is Pregnant in Detention?
Texas Administrative Code regulations guarantee that girls in any level of detention facility will receive necessary prenatal care, obstetric and specialized-obstetric care, and post-partum care. While it is heartbreaking to consider, knowing these protections exist can provide some reassurance to families facing this situation.
Can a Girl Be Sentenced to TJJD?
Confinement at the Texas Juvenile Justice Department (sometimes called the prison for kids) is the most serious punishment available in juvenile court. It is typically reserved for juveniles adjudicated for unusually violent or serious felonies, or those who have exhausted all other options.
Of all children referred to juvenile departments each year, only about 1% are ultimately sentenced to TJJD. Of that total, only about 10% are girls. In 2021, 58 girls were sentenced to TJJD confinement, compared to 514 boys.
Because so few girls receive TJJD commitments, only one of the five TJJD facilities houses girls. Girls are sent to the McLennan County State Juvenile Correctional Facility in Mart, Texas, where they are housed in a separate area from boys.
How a Juvenile Defense Attorney Can Help Your Daughter
Early intervention by an experienced juvenile attorney can make a significant difference in your daughter’s case. At intake, before formal charges are even filed, an attorney can present mitigating factors and argue for alternatives to prosecution.
For example, in a recent case involving assault causing bodily injury, Lisa Herrick presented case arguments to the prosecutor at intake. The result was a Supervisory Caution, meaning no charges were filed and the child avoided formal entry into the juvenile system entirely. This type of outcome is especially achievable for the lower-level offenses that commonly bring girls into the system.
Disclaimer: Past results do not guarantee future outcomes. Each case is unique.
If your daughter is facing charges, don’t wait to get legal help. A juvenile defense attorney can protect her rights from the very first moment and work toward the best possible outcome.
Watch: Inside Juvenile Detention
Frequently Asked Questions About Girls in the Texas Juvenile System
Will my daughter be housed with boys in juvenile detention?
No. Texas law requires girls to be housed separately in their own wing, unit, or pod. They share bathrooms only with other girls. While they may be combined with male residents during some activities, girls primarily stay together as a unit.
Can a male officer search my daughter?
No. Only female staff members may conduct pat-down or strip searches of female residents. Male staff are also prohibited from supervising showers, clothing changes, or personal hygiene.
What is the most serious punishment a girl can receive in juvenile court?
The most serious punishment is confinement at the Texas Juvenile Justice Department. However, this is rare for girls. Only about 10% of TJJD sentences go to female juveniles. Girls sentenced to TJJD are housed at the McLennan County State Juvenile Correctional Facility in Mart, Texas.
Are there programs specifically for girls in the juvenile system?
Some larger counties offer girl-specific programs. Tarrant County has SafeDate for domestic violence awareness. Harris County has GEMS (Girls Empowerment, Mentoring, and Support). Most counties, however, have limited options for girls. Ask your daughter’s attorney about available programs in your jurisdiction.
Can my daughter’s case be dismissed before charges are filed?
Yes. An experienced juvenile attorney can present arguments at intake that may result in a Supervisory Caution or case rejection, meaning no formal charges are filed. This is especially possible for the misdemeanor offenses that commonly bring girls into the system.
Talk to a Board Certified Juvenile Attorney
If you’re looking for a juvenile defense attorney, you’ve come to the right place. Lisa Herrick is Board Certified in Juvenile Law, which means she is considered an expert in this field. You will be hard-pressed to find another juvenile lawyer in North Texas with her expertise and legal knowledge.
Lisa has successfully handled every type of juvenile case, from theft to capital murder. She has vast knowledge of the juvenile court system, the process, and how to protect your child. Contact Lisa today for a free consultation at 817-203-2220. If your child is in custody, time is of the essence.
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