Tom Green County Juvenile Justice Center Juvenile Probation Home About Juvenile Probation About Juvenile Detention Other Resources Definitions

ADJUDICATE - The Texas Juvenile Justice System does not use the terms 'guilty' or 'innocent', instead they use the terms 'true' or 'not true'.  If the petition is found to be 'true', then the juvenile is considered adjudicated for an offense.

ALLEGED VICTIM - A juvenile alleged as being a victim of abuse, exploitation or neglect.  Alleged Victim may also refer to the alleged victim of an offense committed by a juvenile.

APPOINTMENT OF COUNSEL - an appointment of an attorney by the court to represent an individual who is indigent.

CHIEF ADMINISTRATIVE OFFICER - Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department including the juvenile probation department of a multi-county judicial district.

CHILD - according to juvenile law, a person ten years of age or older and under 17years. Also a person 17 years of age may fall under the juvenile court’s jurisdiction if he/she is alleged or is found to have engaged in delinquent conduct or conduct indicating a need for supervision prior to their 17th birthday.

CHILD IN NEED OF SUPERVISION (CHINS) - a child who is either excessively truant, runaway, or a habitual violator of laws and ordinances that are not punishable by imprisonment or by confinement in jail. A petition filed in juvenile court may allege that a child has engaged in conduct indicating a need for supervision.

COMMISSION-The Texas Juvenile Probation Commission.

COMMUNITY SERVICE - juveniles involved with the Probation Department can be assigned community service in two ways.  The first is as part of the child's deferred prosecution agreement.  The second is to be ordered by the juvenile court to complete community service as part of the juvenile's conditions of probation.

COURT CONTINUANCE - court ordered supervision with rules for 6 months without formal adjudication and disposition. Violation of the rules can result in formal adjudication and disposition.

COURT SUMMARY (Juvenile’s Social History) - a report compiled by a probation officer stating the results of an investigation and evaluation of a child and his present situation and concluding with alternatives, which the court can consider in determining the disposition of the case.

CUSTODY - the actual physical possession of a child. The right of guardianship, which can be awarded by the court.

DEFERRED PROSECUTION (INFORMAL, NON-JUDICIAL) - a six-month period of informal probation where the child is assigned a probation officer/counselor who is available for any counseling that the child might need or request. It is completely voluntary and provides a second chance for first offenders when the offense is relatively minor.

DELINQUENT CONDUCT - conduct other than a traffic offense that violates a penal law of this state punishable by imprisonment or by confinement or jail; or the violation of a lawful order of the juvenile court. A petition filed in juvenile court may allege that a child engaged in delinquent conduct.

DETENTION - temporary care of a child who required secure custody pending court due to one of the following reasons: (1) he/she is likely to abscond or be removed from the jurisdiction of the court, (2) suitable supervision, care, or protection for him/her is not being provided by a parent, guardian, custodian, or other person, (3) he/she has no parent, guardian, custodian, or other person able to return him/her to the court when required, (4) he/she is may be dangerous to himself/herself or the community if released, or he/she has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released. A detention hearing must be held before a judge or referee to determine if at least one of these criteria are present before the child can be detained.

DETERMINATE SENTENCING - Effective September 1, 1987, legislation was enacted to deal with violent offenses committed by juveniles under the minimum certification age of 15. For many juveniles, the alternatives of probation or commitment to the Texas Youth Commission (discussed below) were insufficient. For example, before the determinate sentencing law was enacted, the juvenile system could respond to a capital murder committed by a child just before his 15th birthday with a maximum of only 6 years of control over him. Determinate sentencing was dramatically expanded during the legislative session in 1995. If a prosecutor chooses to invoke the option of determinate sentencing, the grand jury must approve the petition charging the juvenile with the offense. If the court or jury finds at the conclusion of an adjudication hearing that the child committed one of the specified offenses, the child may be committed to the Texas Youth Commission with a possible transfer to the Texas Department of Criminal Justice (TDCJ) for up to 40 years, depending on the offense. A child is eligible for a determinate sentence if the child commits any of the following serious offenses: murder; capital murder; attempted capital murder; aggravated kidnapping; aggravated sexual assault; sexual assault; aggravated assault; aggravated robbery; injury to child, elderly individual, or disabled individual (excluding state jail felony); arson with bodily injury or death; aggravated controlled substance offenses; criminal solicitation; indecency with a child; criminal solicitation of a minor; and criminal attempt of murder or any "3g offense", which includes murder, capital murder, indecency with a child, aggravated kidnapping, aggravated sexual assault, aggravated robbery, sexual assault, and drug free zone enhanced controlled substance offenses. The law also provides a child may receive a determinate sentence for habitual felony conduct.

DISPOSITIONAL HEARING - a hearing which follows a finding by a judge of the juvenile court that a child has engaged in delinquent conduct or conduct indicating a need for supervision. Based on this finding, the judge is empowered to determine who shall have custody of the child. To assist him in the decision, a court report written by a probation officer spells out the alternatives, which are available for the court to consider.

FELONY - any offense punishable by confinement in the penitentiary or by death.  Juveniles may be placed out of their home or committed to the Texas Youth Commission for a felony offense.

INTAKE - initial screening of new cases brought to the probation department. Intake Officer prepares case for review by District Attorney and prepares court report for dispositional hearing.

JUVENILE JUSTICE PROGRAM-A non-residential program operated for the benefit of juveniles referred to a juvenile probation department that is either directly administered by the juvenile probation department, or is operated under contract with a juvenile board. A juvenile justice program does not include any program operated in a facility that is licensed or operated by a state agency other than a facility registered with the Texas Juvenile Probation Commission.

JURISDICTION - the lawful authority of a court. The juvenile court has jurisdiction in cases in which legal custody or legal status of a child, or the protection of the child or community, is at stake, directly or indirectly, including any case in which the child, if he or she were an adult, would be the defendant in a criminal case.

LEGAL CUSTODY - the term “legal custody” is used to denote those rights and responsibilities associated with the day-to-day care of a child. It is the “legal custody” of the child, which is normally transferred to an agency or guardian in cases where a child is found to be in need of supervision because of his/her conduct or because the child is dependent - neglected.

MISDEMEANOR - any offense lower than felony and generally punishable by fine or imprisonment other than in the penitentiary as an adult.  A child may be placed out of their home for a misdemeanor.  Juveniles may also be committed to the Texas Youth Commission after at 3 misdemeanor adjudications or modifications.

MODIFICATION - when a child already has Court Orders of Probation, the District Attorney may file a motion in the Juvenile Court to modify the existing orders of probation to account for a new referral or violation.

ORDER - the written disposition of the court, which spells out custody, rules of probation and other provisions ordered by the court.

PETITION - the legal document containing the allegation upon which the court’s jurisdiction can be based. The petition is a formal application for judicial action, made in writing to the court by the District Attorney or County Attorney. It alleges that the child engaged in either delinquent conduct or conduct indicating a need for supervision.

PLAINTIFF - the party in a civil action who makes complaint of an injury or cause of action/ analogous to the complainant in criminal procedure. The State of Texas is the plantiff in juvenile matters.

PROBATION - probation is a legal status in which a child, following adjudication of an alleged offense or other misconduct, is permitted to remain in the community subject to supervision by the court through the Juvenile Probation Department or an agency designated by the court, and subject to being returned to the court, and subject to being returned to the court at any time during the probation period for the commission of further offenses or violations of probation.

PROGRESSIVE SANCTIONS MODEL - the purpos of the Progressive Sanctions Model are to ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special treatment or training needs, and the effectiveness of prior interventions.  It also allows flexibility in the decisionsmade in relation to the juvenile offender to the extent allowed law.  The model also recognizes that departures from the model are in some cases highly desireable based on each child's individual needs as assessed by the Department.  For further explanation, see §59.001 of the Texas Family Code.

REFERRAL - any alleged offense (felony, misdemeanor or status offense) or behavior reported to the Juvenile Probation Department by police, school, parents, or other person or agency. The Texas Juvenile Probation Commission considers a referral as conduct defined in Texas Family Code §51.03 that results in a face-to-face interview between the juvenile and the authorized staff of the juvenile probation department.

RESPONDENT - the child who is appearing before a juvenile court to answer allegations of misconduct equivalent to a defendant in an adult case. The term reflects the usage of Civil Procedure in Juvenile Court.

REVOCATION OF PROBATION - the action of the court in terminating a juvenile’s probation due to a transgression or failure to observe the rules of probation or because of the commission of a new offense.

STIPULATION - the equivalent, in juvenile court, to a guilty plea. It is a legal procedure whereby a child may admit to the commission of an offense and waive the right to confront witnesses or to have a jury trial. It must be approved by the child’s attorney.

SUSPENDED COMMITMENT - a commitment by the court to the Texas Youth Commission, which is set aside by the court for a period of time. Example: 90 day Suspended Commitment.

TRANSFER OF JURISDICTION (Certification) - jurisdiction may or may not be retained by a juvenile court over any child 14 years of age or older who is charged with an offense of the grade of felony. The court may, after diagnostic study, social evaluation, and a full investigation, deem contrary to the best interest of the child and the welfare of the public to retain jurisdiction and, transfer the offense to a grand jury for criminal proceedings.