How Long Can a Juvenile Be Detained in Texas
If your child has been arrested in Texas, it’s crucial to understand the specific laws and procedures governing juvenile detention. The Texas Family Code outlines a distinct set of rules for how long a child can be held in custody compared to adults. This article, prepared by our Board Certified Juvenile Specialist, provides a detailed overview of the juvenile detention process in Texas, including key timelines and legal requirements.
Six-Hour Limit for Juvenile Processing
Texas Family Code Section 52.025(d) stipulates that a child can be kept in a juvenile processing office for a maximum of six hours.
- Transportation: According to Section 52.01(a) of the Texas Family Code, a child must be brought to an officially designated juvenile processing office without unnecessary delay. They cannot be taken to any other place first.
- Purpose of Juvenile Processing Office: Section 52.025(b) outlines the permitted activities in a juvenile processing office, which include:
- Returning the child to a parent or responsible adult
- Completing essential forms and records
- Photographing and fingerprinting (if authorized)
- Issuing required warnings
- Taking a statement from the child
These provisions ensure that juveniles are processed separately from adults and are provided with specific protections.
What Happens In A Juvenile Processing Office?
During the initial processing, law enforcement officers will:
- Collect basic information about the child
- Contact the child’s parents or guardians
- Determine whether the child should be released or detained further
It’s important to note that this is not an interrogation phase, and the child’s rights must be protected throughout the process.
48 Hours to First Court Hearing
If a juvenile is not released after initial processing, the Texas Family Code mandates a prompt detention hearing:
- Section 54.01(a) requires that a detention hearing must be held no later than the second working day after the child is taken into custody.
- If the child is detained on a Friday or Saturday, the hearing must be held on the first working day after custody.
This initial hearing is crucial as it determines whether the child will be released or continue to be detained.
Ongoing Review Every 10 Days
For juveniles who remain in detention after the initial hearing, the law requires regular reviews:
- Section 54.01(h) specifies that a detention order extends to the conclusion of the disposition hearing, but for no more than 10 working days.
- Subsequent detention hearings must be held every 10 working days to reassess the need for continued detention.
These ongoing reviews ensure that detention is continuously justified and necessary.
Parents Must Be Notified Of The Arrest Promptly
The Texas Family Code emphasizes the importance of parental involvement:
- Section 52.02(b) requires that a person taking a juvenile into custody must promptly notify the child’s parent, guardian, or custodian.
- If the child is under guardianship, the Probate Court must be notified by the first working day after the child is taken into custody (§52.02(b), §52.011, F.C.).
Parental notification is critical for ensuring proper support and representation for the child.
Child’s School May Be Informed
In certain circumstances, the child’s school may be informed of their involvement with the juvenile justice system:
- Section 58.0051 of the Texas Family Code allows for the disclosure of confidential information to a juvenile service provider if the student has been taken into custody or referred to a juvenile court.
- Section 52.04 requires school districts to notify the designated juvenile board office within two working days if a child is expelled and taken into custody.
This information sharing aims to provide appropriate support and interventions for the child.
Additional Considerations
- Detention Timelines for Felony Charges: For more serious offenses, the timelines for filing petitions are extended:
- 30 days for capital felonies, first-degree felonies, and aggravated controlled substance felonies
- 15 days for all other charges
- No Bail System: Unlike adult courts, juvenile courts in Texas do not use a bail system. Instead, release decisions are based on specific criteria outlined in the Family Code.
- Right to Counsel: Juveniles have the right to legal representation at all detention hearings.
- Sealing of Records: Under certain conditions, juvenile records may be sealed to protect the child’s future opportunities.
Understanding these timelines and procedures is crucial for parents and guardians navigating the juvenile justice system in Texas. Always consult with a qualified attorney for specific legal advice regarding your child’s case.
We Specialize in Juvenile Defense
If your child is facing a juvenile charge in Texas, hiring the right legal team is one of the most important decisions you can make. At Varghese Summersett, we have a team of experienced criminal defense attorneys, including Lisa Herrick, a board-certified specialist in juvenile law. This certification, held by less than 70 attorneys in Texas, reflects her expertise and commitment to helping young people navigate the juvenile justice system.
- We have extensive experience with the juvenile justice system in Texas.
- Lisa Herrick, a board-certified juvenile law specialist, is recognized as an expert in this field.
- We fight to protect your child’s rights and future, understanding the long-term impact of a juvenile charge.
- We focus on minimizing the consequences of juvenile charges, including working toward dismissals or alternatives to detention, whenever possible.
At Varghese Summersett, our priority is to protect your child’s future. We bring experience, skill, and compassion to every juvenile case we handle.
Learn more: Juvenile Defense Guide
Common Juvenile Offenses We Defend
Our team at Varghese Summersett regularly represents juveniles charged with a wide range of offenses, including but not limited to:
- Theft
- Drug possession
- Assault
- Vandalism
- Underage drinking
- Criminal mischief
- Burglary
- Weapons offenses
- Disorderly conduct
