What Are My Rights if My Child is in the Juvenile Justice System?

 Posted on March 30, 2021 in Juvenile Law

A parent’s worst nightmare is seeing their child hurt in any way, even if they have done wrong. For minors who are convicted of a crime, the consequences that follow the trial can be devastating for both the child and their parent. The child will be held accountable for their actions through the juvenile justice system, either through fines, probation, or even time behind bars, and the parent is left uncertain of how to proceed. Unless you or your child have been previously convicted by the juvenile court, you likely have little knowledge of what the proceedings entail and what rights you have as a parent. If it is your first experience with the Texas juvenile justice system, there are some things that you should know, including how your actions can lead to your own set of criminal charges.

Entry of Orders Against Parents

In Texas, those tried through the juvenile justice system are 17 years or younger. At this age, children have limited capabilities to earn enough money to pay off fines, court costs, and any other fees associated with facing a criminal conviction. Because minors lack the ability to fully support themselves, the court can order the minor’s parents to do, or not to do, certain actions throughout the trial, including:

• Paying probation fees

• Making restitution

• Paying graffiti restitution fees

• Performing community service

• Paying court costs

• Preventing contact between you and your child

• Participating in court-sanctioned counseling if you live with your child

• Paying a reasonable amount of the child’s attorney fees

• Paying deferred prosecution supervision fees

• Attending a court hearing

These are just a few of the orders that can be made of the child’s parents or legal guardian. Before these orders can be made, the parent or guardian must be given sufficient notice--in writing or orally--of the order and they must be allowed sufficient opportunity to be heard on the matter. If the parent does not agree with the order being made, he or she is able to appeal the order. If the order is made, the parent does not appeal the decision, and the parent does not follow the order, the parent or guardian will be given a written motion for enforcement and will be held in contempt of court if he or she does not follow the order. 

Parental Rights

Parents and legal guardians are also granted a series of rights when it comes to their child and the juvenile justice system. Very little is kept private about the crime and the child’s involvement. The parent will be given information regarding the date and time of the offense; when the child was taken into custody; the name of the offense and the details of the crime, the aspects of the juvenile court system that applies to the child; the visitation policy if their child is in detention; and the methods by which the parent can assist the child with the legal process. The parent or guardian also has the right to communicate privately with their child if they are in the custody of the juvenile justice system. Throughout the trial, the parent is also able to submit a statement to the judge about the child’s needs or the needs of their family.

Contact a Jourdanton Juvenile Defense Attorney

Watching your child make mistakes is a part of being a parent; seeing your child begin to go down the wrong path as a result of these mistakes can be frightening. At BRCK Criminal Defense Attorneys, we believe that everyone deserves a second chance, especially minors. Our firm will work tirelessly to prepare you and your child for their trial and build a strong defense strategy to secure a not guilty result or reduced sentence. If your child is facing criminal charges, you need a strong criminal defense team on your side. Contact our dedicated Atascosa County juvenile defense lawyers today at 830-769-1010  to schedule a free consultation.

Source:

https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/juvenile-justice/JuvenileJusticeHandbook.pdf