A Parent’s Guide to Your Child’s First Appearance in Juvenile Court

If your child was taken into custody or received a summons, their first juvenile court appearance in Texas is typically a detention hearing held within two working days of detention. During this hearing, a judge will decide whether to release your child or keep them detained while the case moves forward. Understanding the process, your child’s rights, and how to prepare can make a real difference in the outcome.

The Texas juvenile justice system is governed by Title 3 of the Texas Family Code. Unlike the adult criminal system, the juvenile system focuses on rehabilitation while still holding young people accountable. As a parent, you are not just a bystander. Texas law requires your active participation in these proceedings.

At Varghese Summersett, our juvenile defense team includes two attorneys who are Board Certified in Juvenile Law by the Texas Board of Legal Specialization: Lisa Herrick, a former Tarrant County prosecutor who tried more than 80 jury trials before becoming a defense attorney, and Mike Hanson, a military veteran and former prosecutor who leads our Houston office. With more than 70 team members across four Texas offices and a track record of more than 1,600 dismissals and 800 charge reductions, we bring the experience and resources families need during this stressful time.

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How Does the Juvenile Court System Differ from Adult Court in Texas?

The juvenile system operates with different goals, terminology, and procedures than the adult criminal justice system. Knowing the language and framework will help you follow proceedings and communicate with your child’s attorney.

Key Terminology Differences

Adult System Term	Juvenile System Term	What It Means
Crime/Offense	Delinquent Conduct or CINS	The act the child is accused of committing
Arrest	Taking Into Custody	When a child is detained by law enforcement
Indictment	Petition	The formal charging document filed by the prosecutor
Defendant	Respondent	The child accused of the offense
Trial	Adjudication Hearing	The proceeding to determine if the child committed the conduct
Conviction	Finding/Adjudication	When the court finds the child engaged in the conduct
Sentencing	Disposition Hearing	When the court determines the consequences
Prison	Texas Juvenile Justice Department (TJJD)	The state facility for committed youth

Age and Jurisdiction

Texas juvenile courts have jurisdiction over children who are at least 10 years old but younger than 17 at the time of the alleged offense. This is younger than the threshold in most states. Once a child turns 17, they are treated as an adult in the Texas criminal justice system.

Juvenile courts retain jurisdiction over a case until the respondent turns 18 (or 19 in certain felony cases). For determinate sentence cases involving the most serious offenses, jurisdiction may extend until the person turns 40.

Are Juvenile Court Records Public?

Juvenile proceedings are generally closed to the public. Juvenile records are also subject to sealing and, in some cases, automatic restricted access. These protections reflect the understanding that children are still developing and should not carry the weight of a public record for mistakes made during adolescence.

There are exceptions. If a child is 14 or older and is accused of certain serious felonies, proceedings and records may be more accessible. An attorney can explain whether your child’s case falls under any exception.

What Happens Before the First Court Appearance?

Taking Into Custody

When a child is suspected of delinquent conduct, law enforcement may take the child into custody. This is the juvenile equivalent of an arrest, but it carries different rules. The officer must promptly notify the child’s parent, guardian, or custodian.

Under Section 52.01 of the Texas Family Code, the officer may release the child to a parent, bring the child to a juvenile processing office, transport the child to a medical facility if needed, or bring the child to a juvenile detention facility.

What Role Does the Juvenile Probation Department Play?

Before any case reaches a courtroom, the juvenile probation department plays a screening role. An intake officer reviews the case and decides how to proceed. The probation department has significant discretion at this stage.

Some cases are resolved resolved through a First Offender Program, deferred prosecution, or supervisory caution. If the alleged offense is serious, the child has prior referrals, or other factors warrant formal proceedings, the officer will refer the case to the prosecutor for the filing of a petition.

Not every juvenile referral results in a court appearance. First-time offenders accused of minor offenses may have the matter resolved without ever going to court.

How Is the Detention Decision Made?

If a child is not released after being taken into custody, they may be held in a juvenile detention facility. Under Texas law, a detention hearing must be held no later than the second working day after the child is placed in detention. This hearing is often the child’s first appearance before a juvenile court judge.

The court considers several factors: whether there is probable cause to believe the child engaged in the alleged conduct, whether continued detention is needed to protect the child or the community, whether the child is a flight risk, and whether the child has a suitable home environment.

What Happens at the First Court Appearance?

The Detention Hearing

If your child has been detained, the detention hearing is the first formal proceeding. It typically happens within 48 hours of detention, excluding weekends and holidays.

The judge will consider whether probable cause exists and whether continued detention is warranted. The standard at this stage is not the same as trial. The state does not need to prove the case beyond a reasonable doubt. Instead, the court looks at whether there are reasonable grounds to believe the child engaged in the conduct.

Your child’s attorney can argue for release by showing strong family ties, school enrollment, no danger to the community, and a suitable home environment. The attorney may also propose conditions of release such as electronic monitoring, curfew requirements, or regular check-ins with the probation department.

What If My Child Was Not Detained?

If your child was released after being taken into custody, the first court appearance comes later. After the prosecutor files a petition alleging delinquent conduct, the court will set an initial hearing date. You and your child will receive a summons to appear.

At this hearing, the court ensures both you and your child understand the allegations, that your child has legal representation, and that everyone knows their rights. The judge may also set future court dates and determine whether conditions should be imposed while the case is pending.

What Is the Courtroom Like?

Texas juvenile courtrooms are less formal than adult courtrooms, but they are still serious judicial proceedings. The judge sits at the bench, and the courtroom includes a prosecutor, your child’s defense attorney, a juvenile probation officer, and a court clerk. You will typically be seated in the gallery or at the counsel table with your child and attorney.

Juvenile cases in Texas are heard by a judge, not a jury, by default. However, your child does have the right to request a jury trial for the adjudication hearing under certain circumstances.

What Must the State Prove in a Juvenile Case?

The juvenile system uses the same constitutional standards of proof as the adult system, even though the terminology and proceedings differ.

To obtain an adjudication (the juvenile equivalent of a conviction), the State must prove beyond a reasonable doubt that the child engaged in delinquent conduct. This means the prosecution must establish every element of the offense alleged in the petition. The child, as the respondent, has no burden to prove innocence.

The specific elements depend on the offense charged. For example, if the petition alleges assault under Texas Penal Code Section 22.01, the State must prove the respondent intentionally, knowingly, or recklessly caused bodily injury to another person. If the petition alleges a drug offense, the State must prove the elements under the relevant section of the Texas Health and Safety Code.

A defense attorney challenges the State’s case by attacking specific elements. If the prosecution cannot prove even one element beyond a reasonable doubt, the case should result in a “not true” finding (the juvenile equivalent of a not guilty verdict). Common defense strategies include challenging the identification of the respondent, questioning the legality of the search or seizure, disputing intent, and presenting alibi or self-defense evidence.

Talk to a Lawyer Before You Speak to Police. If your child has been accused of delinquent conduct, the decisions made early in the case often have the greatest impact. Call Varghese Summersett at (817) 203-2220 for a free consultation.

What Are My Child’s Rights in Juvenile Court?

Children in Texas juvenile proceedings are entitled to many of the same constitutional protections as adults in criminal court.

Right to an Attorney

Your child has the right to be represented by an attorney at every stage. If you cannot afford one, the court will appoint one. Under Section 51.10 of the Family Code, a child may not waive the right to counsel unless the waiver is made in writing, in the presence of the parent, and after both the child and parent have consulted with an attorney.

Hiring an experienced juvenile defense attorney early can influence whether the case proceeds to court, whether your child is released from detention, and how the case is ultimately resolved.

Right to Remain Silent

Your child has the right to remain silent and cannot be forced to make statements that could be used against them. As a parent, one of the most valuable things you can do is advise your child to exercise this right. Well-meaning children often want to explain themselves to police, but those statements can be taken out of context. The safest approach is to decline to answer questions until an attorney is present.

Right to Confront Witnesses

Your child has the right to cross-examine witnesses who testify against them and to present their own witnesses and evidence. This ensures the State’s case is tested through the adversarial process.

Protection Against Self-Incrimination

Texas provides extra protections for juveniles regarding statements to law enforcement. Under Section 51.095 of the Family Code, a child’s statement during custodial interrogation is generally inadmissible unless it was recorded, the child was warned of their rights, and the child knowingly and voluntarily waived those rights. These protections are stronger than those in the adult system because children are more vulnerable to coercive interrogation.

Right to a Timely Hearing

If your child is detained, the adjudication hearing must generally take place within 10 working days. If the child is not detained, the timeline is more flexible, but the case should still proceed without unnecessary delay.

What Is My Role as a Parent in Juvenile Court?

Your involvement is not just welcome. It is required. Texas law mandates parental participation, and the court views your engagement as a key factor in your child’s rehabilitation.

Mandatory Attendance

Under Section 51.115 of the Texas Family Code, a court may order you to attend hearings. Failure to attend when ordered can result in contempt, which could mean fines or, in extreme situations, arrest. Your presence also signals to the judge that your child has a supportive home.

How to Support Your Child

Stay calm and reassuring. Your child takes emotional cues from you. If you are panicked or angry, their anxiety will increase.

Listen without judgment. Let your child express their feelings about the situation while being honest about its seriousness.

Follow your attorney’s guidance. They have experience with the juvenile system and will provide advice specific to your child’s case.

Prepare your child for court. Explain what will happen in age-appropriate terms. Let them know who will be in the courtroom and what behavior is expected. Have them dress neatly and conservatively.

Arrive early. Give yourself time to find the courtroom, meet with your attorney, and help your child settle in.

What Should You Avoid?

Do not discuss case details with anyone other than your attorney. Do not allow your child to speak with law enforcement or prosecutors without their attorney present. Do not coach your child on what to say in court. Do not display anger or frustration in the courtroom. Do not post about the case on social media.

What Are the Possible Outcomes of the First Hearing?

Release from Detention with Conditions

If the first appearance is a detention hearing, the best outcome is release. The judge may order your child released to your custody with conditions such as electronic monitoring, a curfew, regular reporting to the probation department, school attendance requirements, or drug testing. Complying with these conditions is essential, as a violation could result in your child being returned to detention.

Continued Detention

In some cases, the judge may decide continued detention is necessary. This is more likely if the alleged offense is serious, the child has prior referrals, there are concerns about safety at home, or the child is considered a flight risk.

Setting Future Court Dates

Whether or not your child is detained, the first hearing will typically result in future court dates being scheduled. These may include pretrial hearings, status conferences, and ultimately the adjudication hearing.

Negotiated Resolutions

Many juvenile cases are resolved through negotiation. Your attorney and the prosecutor may discuss deferred prosecution, a plea to a lesser offense, or a disposition agreement that avoids the most serious consequences. Having an experienced attorney can make a significant difference in these negotiations.

What Are the Potential Dispositions in a Juvenile Case?

While the disposition hearing comes after adjudication, understanding the range of possible outcomes early can inform your family’s defense strategy.

Probation

Probation is the most common disposition. The child remains in the community under supervision with conditions that may include community service, counseling, substance abuse treatment, restitution, academic requirements, and regular meetings with a probation officer.

Placement Outside the Home

For more serious offenses or when the home environment is a concern, the court may order placement in a residential treatment facility, boot camp, or foster care setting. This is typically reserved for cases where community-based probation has failed or the offense is too serious for standard probation.

Commitment to TJJD

The most serious disposition is commitment to the Texas Juvenile Justice Department (TJJD). This is the juvenile equivalent of prison and is reserved for the most serious offenses or repeat offenders. The court must find that all other options have been considered and found inadequate.

Determinate Sentences

For certain serious offenses listed in Section 53.045 of the Family Code, the State may seek a determinate sentence of up to 40 years, with the possibility of transfer to adult prison when the child turns 19. These are the most serious cases handled in juvenile court.

What Is Certification to Adult Court?

One of the most serious possibilities is certification (discretionary transfer) to adult court. If your child is 14 or older and is accused of a felony, the State may petition to transfer the case.

Certification carries life-altering consequences. If certified, your child faces adult criminal penalties and a permanent criminal record. The certification hearing examines the seriousness of the offense, the child’s background, the likelihood of rehabilitation within the juvenile system, and the adequacy of the juvenile system’s resources.

If certification is a possibility in your child’s case, retaining an experienced juvenile defense attorney immediately is critical. These hearings require expert witness testimony and a thorough presentation of the child’s rehabilitation potential.

A Case Result: How Aggressive Defense Changed the Outcome

In a recent Tarrant County case, Lisa Herrick represented a young person facing Aggravated Robbery charges, a first-degree felony that can carry up to life in prison for adults. Additional Evading Arrest charges compounded the situation. Through strategic advocacy, Herrick secured 18 months of probation, and the Evading Arrest charge was dismissed entirely (Case No. 323-125192-25).

This result reflects the kind of focused, aggressive defense that can redirect a young person’s life. Rather than years behind bars, this client received a rehabilitative outcome that kept them in the community.

Past results do not guarantee future outcomes.

Protect Your Rights and Your Record. Every juvenile case is unique, and early attorney involvement often shapes the final outcome. Call (817) 203-2220 for a free consultation with our juvenile defense team.

What to Expect From Varghese Summersett

When your child faces juvenile charges in Texas, you need a firm that treats your family’s case with the seriousness it deserves. Varghese Summersett brings two Board Certified Juvenile Law attorneys, more than 70 team members, and four offices across Texas to every case.

From the first phone call, our team works to understand the full picture. We attend every hearing, communicate with the juvenile probation department, investigate the allegations, and develop a defense strategy tailored to your child’s circumstances. Whether the goal is dismissal, deferred prosecution, or the best possible disposition, we prepare every case as if it is going to trial.

Our firm has secured more than 1,600 dismissals and 800 charge reductions across all practice areas. We bring that same level of dedication to juvenile defense, because what happens in your child’s case today can shape the rest of their life.

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Watch: Inside Juvenile Detention in Texas

Frequently Asked Questions About Your Child’s First Court Appearance

Will my child have a criminal record after juvenile court?

Juvenile records in Texas are not the same as adult criminal records. In many cases, juvenile records can be sealed or may receive automatic restricted access. However, certain serious offenses may result in records that are harder to seal. An attorney can explain the specific implications for your child’s situation.

Can I be held financially responsible for my child’s case?

Yes. Texas law allows the juvenile court to hold parents responsible for restitution to victims, court costs, and fees for court-ordered services. In some cases, the court may also order parents to participate in counseling or parenting programs.

What if my child is accused of a school-related offense?

School-related offenses can trigger both the juvenile justice system and the school’s disciplinary process. Your child may face legal consequences and school-based consequences like suspension or expulsion simultaneously. It is important to address both tracks at the same time.

Can my child’s case be transferred to adult court?

If your child is 14 or older and accused of a felony, the State can petition for certification to adult court. This is a discretionary decision the juvenile court makes after a hearing. The stakes are extremely high, making experienced legal representation essential.

How long does the juvenile court process take?

The timeline depends on the complexity and severity of the case. Simple matters may be resolved in a few weeks. Complex felony cases could take several months. If your child is detained, the adjudication hearing must take place within 10 working days.

A juvenile court appearance does not have to define your child’s future. The Texas juvenile justice system is built around rehabilitation, and there are opportunities throughout the process to advocate for outcomes that prioritize your child’s growth and long-term success. The most important step you can take right now is to hire an experienced juvenile defense attorney. Call Varghese Summersett at (817) 203-2220 for a free consultation.