The call every parent dreads is the one that says your child has been arrested. The instinct is to fix it fast, to call the school, to get your child to explain. In the Texas juvenile system, the early choices you make can shape the whole case. Here is what actually happens, and what to do.
This is a general overview of how juvenile cases work in Texas. It is not legal advice, and every case is different.
The juvenile system is its own world
A child’s case does not run through adult criminal court. It runs through the juvenile court under Title 3 of the Family Code, and even the words are different: a petition instead of an indictment, an adjudication instead of a conviction, a disposition instead of a sentence. The system’s stated goal leans toward rehabilitation rather than punishment.
Texas juvenile court covers children who are at least ten and under seventeen. Under Family Code §51.02, a “child” for these purposes is ten or older and younger than seventeen. The day a person turns seventeen, Texas treats them as an adult. One thing that does not change in juvenile court: the State still has to prove its case beyond a reasonable doubt.
What happens right after the arrest
After a child is taken into custody, the court holds a detention hearing, and it happens quickly. The judge decides whether your child stays in detention or is released to you while the case moves forward. A lawyer at that first hearing can be the difference between your child waiting at home and waiting in a facility.
From there the case moves to settings that cover discovery, the State’s evidence, and how the case will be resolved. The terminology is unfamiliar, but the stakes are not small.
Be careful about who questions your child
Children waive rights that adults would never give up, and they do it most easily at school, where saying no to an adult feels impossible. A school resource officer or a detective can ask your child questions, and what your child says can end up driving the case.
Teach your child to say, politely, that their parents have asked them not to answer questions without a lawyer, and then to call you. Texas law (Family Code §51.095) sets rules for when a child’s statement can be used, and statements taken the wrong way can be challenged. The safer statement is the one never given.
The risk that changes everything: certification
The most serious turn a juvenile case can take is certification. Under Family Code §54.02, the juvenile court can waive its jurisdiction and transfer a child to adult criminal court, in some categories for children as young as fourteen. Certification is not automatic. The court holds a hearing and weighs statutory factors, including the seriousness of the offense and the child’s background and maturity. That hearing is often the pivotal fight in the case.
Determinate sentencing and the age-19 line
For an ordinary juvenile case, the disposition ends by the time the young person turns nineteen. For a listed set of serious offenses, the State can seek a determinate sentence, which can run well past nineteen and, in some cases, transfer to the adult prison system to finish. Whether a case is determinate-eligible is one of the first things a lawyer pins down.
The record does not clear itself
Texas restricts access to many juvenile records, but the protection has gaps, and some records still surface on background checks years later. Sealing under Chapter 58 of the Family Code closes most of those gaps, and for eligible cases the petition is worth filing as soon as the law allows. Record work is part of defending a juvenile case, not an afterthought.
What parents should do
- Do not let your child be questioned without a lawyer, at school or anywhere else.
- Call a juvenile defense lawyer before the detention hearing if you can.
- Write down what happened while it is fresh, and keep it to yourself and your lawyer.
If your child has been arrested in Collin County, talk to a juvenile defense lawyer before anyone questions them again. You can start with a free consultation, or read what happens in the first 48 hours after an arrest.
Frequently asked questions
- What is the first thing to do if my child is arrested in Texas?
- Do not let your child answer questions without a lawyer, and call a juvenile defense lawyer right away. A detention hearing happens within a couple of days to decide whether your child is held or released to you, and having counsel there early matters.
- Can a minor be tried as an adult in Texas?
- Yes, for serious felonies. Through a process called certification under Family Code §54.02, a juvenile court can waive its jurisdiction and transfer a child to adult criminal court, in some categories for children as young as fourteen. The certification hearing is often the most important fight in the case.
- Will my child's juvenile record disappear when they turn 18?
- Not automatically. Texas restricts access to many juvenile records, but the protection has gaps, and some records surface on background checks years later. Sealing under Chapter 58 of the Family Code closes most of those gaps, and for eligible cases the petition is worth filing as soon as the law allows.