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Many people have the perception that the juvenile system is simply a slap on the wrist for kids, regardless of the offense. The reason for this belief is the fact that most kids in the juvenile system get probation. But, probation is not always that simple or easy. This is an introduction to juvenile probation in Tarrant County. This article will cover the reasons behind the tendency towards probation, the length and parameters of probation and what it can include.

The Reasons Behind a Probation Heavy System

According to Section 51.01 of the Texas Family Code, the purposes of the juvenile justice system are to protect the public, promote the concept of punishment for criminal acts, to remove the taint of criminality from children, and to provide treatment, training, and rehabilitation that emphasizes accountability for the parent and child for the child’s conduct. This section goes on to state that a child should be removed from his parents only when it is necessary for the welfare of the child or the interest of the public safety. Section 51.01 forms the foundation for which the entire juvenile justice system is based on.
Because of this mandate in Section 51.01 that children should only be removed when necessary, probation with the child remaining in the home is the primary mode of punishment and rehabilitation used by the Tarrant County Juvenile Services Department. The system is not geared towards ripping a kid away from his family, but is built to address and correct the behavior by working with the child and the family together.

The Length and Parameters of Juvenile Probation

In the adult system, a person is only eligible for probation on their first felony offense. In the juvenile system, however, probation is the preferred outcome on cases due to the Family Code’s preference for keeping children in the care of their parents. Under the provisions of the Family Code, a juvenile is eligible for probation on any offense, up to and including murder. For misdemeanor offenses, probation is the only option available.

The maximum length of probation, regardless of offense, is generally up to a child’s 18th birthday. In circumstances involving the most serious offenses or habitual offenders, the prosecutor may seek a determinate sentence which extends the possible punishment. On determinate sentence cases, probation can last for a maximum of ten years. In Tarrant County, prosecutors generally only seek determinate sentences in the most serious of cases.

What Juvenile Probation Can Include

Juvenile probation in Tarrant County can include a wide variety of conditions and requirements, depending on the case and the unique needs of the child and family. Some of the more common conditions of probation are discussed here.

Punishment for a Man Convicted of Child Pornography Held Facially Unconstitutional

Ex Parte Lea (Tex. Crim.App. 2016)

What happens when an old criminal law is rendered null and void? Do people convicted of such crimes get to walk free, or, are the convictions upheld in the interests of justice? The Texas Court of Criminal Appeals (“CCA”) filed an ex parte case (the court filed the case on its own volition) to determine whether David Lea's punishment for his 2008 child pornography conviction should be set aside on constitutional grounds. The case was met with a dissent by Judge Yeary and the CCA reached a very interesting conclusion.

In 2008, David Lea pled guilty to three counts of possession of child pornography. As a result, he was sentenced to twelve years' imprisonment, ten of which were probated by way of community supervision. In 2012, Lea pled guilty to one count of improper visual photography and received a state-jail felony sentence of two years confinement. During sentencing, the State filed a motion to revoke Lea's community supervision from the 2008 conviction because, the State argued, Lea violated the terms of his supervision by committing a new criminal offense. Accordingly, the court revoked Lea' s probation and Lea was sentenced to six years imprisonment.

The Offense of “Improper Photography” Held Unconstitutional

In 2014, the CCA held that the offense of improper photography was "facially unconstitutional" because it infringed upon individuals' First Amendment rights, as propounded by the Constitution of the United States. The main issue? The improper photography statute, once found in Section 21.15(b)(1) of the Texas Penal Code was overbroad. Ex Parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014).

Lea Files Writ to Overturn His Conviction for the Stricken Law

Lea filed a Writ of Habeas Corpus, arguing that because the offense of improper photography was found unconstitutional, (1) his sentence for improper visual photography should be vacated and (2) his original probation via community supervision should be reinstated.

When an old law is found to be unconstitutional on its face, it is considered to be “void from its inception and should be treated as if it never existed.” Smith v. State, 463 S.W. 3d 890, 895. The due process right to not be convicted under a statute that has been declared void cannot be forfeited. Ex Parte Fournier, 473 S.W.3d 789, 796 (Tex. Crim. App. 2015).

CCA Overturns Lea’s Prior Conviction and Revocation

When Lea was originally sentenced in 2008, the CCA had not yet determined the fate of the improper photography statute. And while it’s true that courts may revoke community supervision based upon a violation of community supervision conditions—committing any future crimes in this case—the Court finds that Lea’s conviction must be set aside. “The harm here flows from his void conviction, namely, the revocation of his community supervision based solely on an offense that [in theory] never existed.”

Accordingly, the CCA set aside the revocation of Lea’s community supervision, and remanded the case to the trial court to determine reinstatement of his probation. It is important to note that Justice Yeary dissented in this case, referring to Fournier, “I do not believe the applicant should be able to obtain retroactive post-conviction collateral relief based upon an overbroad statute unless he can show that the statute was unconstitutional as to his own conduct. 473 S.W. 3d 789, 805 (Tex. Crim. App. 2015). Yeary believes that post-conviction relief should only be granted to those defendant-applicants who can show that the conduct in question did not fall within the “plainly legitimate sweep of the overbroad statute.”

Barnett Howard & Williams PLLC recently completed a full renovation of the historic Atelier Building (1905) in downtown Fort Worth. The Atelier Building is one of the oldest buildings in downtown Fort Worth, Texas that stills stands today. Built in 1905, the Atelier Building housed several different businesses over its 112-year history, including architects, banks, and a restaurant at one time. Located on 8th street between Houston and Throckmorton, the Atelier Building is marked by its dual terra-cotta fireplaces and marble facade.

The Atelier Building was last renovated in 1980 when architect Cameron Alread purchased the building. The building housed Mr. Alread's architect firm for 36 years, until he sold the building to the law firm of Barnett Howard & Williams PLLC. Over the last six months, the law firm completely renovated the building from floor to ceiling. "One of our goals in this renovation was to bring out the history of the building," said owner Luke Williams. If you take a look inside the building you will see exactly what he means. Plaster walls were removed to expose the original brick on the walls - bricks that have been around longer than most building in downtown. The foyer is graced by an enlarged photograph that was taken outside the building sometime during the 1930's, back when 8th street was a brick road.

Office manager, Sue Holdridge has noticed a warm reception from the people of downtown. "Folks on the sidewalk continue to stop by and tell us how much they have enjoyed watching the transformation of the building and how much character it brings to this block of downtown."

Barnett Howard & Williams PLLC moved its practice to Fort Worth in 2013, and maintained an office in Sundance Square until December 2016, when the Atelier Building renovation was complete. The firm gives all the credit for the renovation to Eric Hill at Hill Design & Build in Keller. He was the primary designer and architect for the project.

The following article is from Christy Dunn, former juvenile prosecutor in the Tarrant County District Attorney's Office - Juvenile Division:

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As parents, we want the best for our children. We also want to protect our kids as much as we can. So, naturally, the first reaction for most parents when they find out that their child is being charged with a crime in the juvenile system is to do whatever they can to make the whole thing go away. However, in many cases, this is the worst thing you can do for your child. A lot of times, having a child placed on juvenile probation can be a blessing in disguise, especially if you understand the keys to success in the juvenile system.

The Keys to Success

The keys to success for a child in the juvenile system, at least in Tarrant County, are the attitudes and beliefs of the parents. It is crucial that you remove the blinders of parental love and take an honest and unbiased look at your child’s case. You need to take this objective stance on the case as early in the process as possible. There are several reasons why this is important.

Reason #1: Belief in Your Child’s Innocence and Willingness to Fight

If your child has been accused of committing a crime and is truly innocent, then they need to know that you believe in their innocence. Your child also needs to know that you are going to be there to support them and be willing to fight for them. You can show this support by hiring an attorney to investigate and fight the case. You also need to communicate your support to your child during this difficult time.

Reason #2: Open to Accept Your Child’s Mistakes

Another reason to be honest with yourself about your child’s juvenile case is because it will allow you to have an open mind to the fact that your kid might be guilty of doing what they are accused of. No child is perfect, and sometimes they do stupid things that get them into trouble with the law.

As a general rule of thumb, Tarrant County juvenile prosecutors don’t tend to file frivolous cases. This means that if they file a petition on your child, they usually have some evidence to show that the juvenile was, at a minimum, present during or involved in the commission of the crime. As a parent, you need to be able to consider this evidence with an open mind.

In some cases, it is difficult for a juvenile to admit wrongdoings if their parents are unwilling to accept their guilt. If you are adamant that your child is innocent, they may feel obligated to go along with your beliefs in order to avoid disappointing you. The hardest person in the world to confess to is your parent. By having an open mind, you give your child the opportunity to admit their guilt to you without the worry of disappointing you.

Reason #3: Realistic Assessment of Your Child’s Needs and Problems

In Tarrant County, we see that many times, a juvenile will be involved in a crime due to a need or problem that they have. Sometimes, this is a drug addiction or anger problem. Sometimes, it is a mental health condition or a conflict with someone within the household. Taking an honest look at your child’s juvenile case can help you to realistically assess what their needs and problems are. Acknowledging these problems is the first step to solving them. It is important that both the child and parents accept the problems and make a commitment to fix them.

Reason #4: Realization of Your Contribution

It can be a hard pill to swallow, but sometimes we, as parents, must realize that we have contributed to our children’s problems. This doesn’t mean that we are bad parents. It doesn’t mean that we intentionally set out to harm our children. But, in some cases, the parents have contributed to the problems that caused the child to land in juvenile court. By honestly accepting your part in the problem, you will be able to help solve it for your child in a much quicker manner.

Reason #5: Participation in a Plan to Address the Problems

Taking an objective view of your child’s juvenile case, and your part in creating the problems that led to it, will allow you to be an active participant in coming up with a plan to address the problems. Once a juvenile is involved with the juvenile court system, they gain access to many services that you may not have been aware were available. You will also gain access to one or more probation officers, attorneys, and possibly counselors that can help you and your child meet your child’s underlying needs.

Reason #6: Communicate a Team Approach to Your Child

Your thoughts and attitudes about your child, their case, and the resolution of it are conveyed to your child, whether you realize it or not. You can have a huge impact on how your child feels about the case and what they learn from it. By not judging your child and having an open mind to the outcome, you communicate to your child that you are on their side. You let them know that you are in this together and are there to help them be successful. This is vital to their belief in themselves and their willingness to engage in the process.

Reason #7: Parental Engagement in Probation

Unlike adults, juveniles cannot successfully complete probation without help from their parents. Many times, they do not have a driver’s license or transportation to get to and from their counseling, community service, and probation checks by themselves. So, parental engagement in the probation is a must. If you as the parent buy into the positive aspects of probation and the benefits it can give to your child, you will start to see the buy-in by your child. Additionally, you will ensure that your child gets to each appointment while on probation. By being a part of the process, you will become a valuable part of the team that is there to help your child grow and learn from his mistakes.

Conclusion

Kids tend to feed off of their parents’ beliefs and attitudes when it comes to their viewpoints on the juvenile justice system. Therefore, the secret to your child’s success as they navigate their way through the system is your own honest and open mindset about the process. By having the right attitude, you can affect how and what your child gets out of the system and whether your child returns to the system later. While it may not be easy, this can be a great opportunity to teach your child many life lessons while helping them take a huge leap in the growing up process. Your opinion matters, especially to your child.

In Texas, the law governing sex offender registration contains several provisions that apply specifically to juveniles. This means that sex offender registration works differently in juvenile cases than it does in adult cases. This article will highlight how sex offender registration works in the Texas juvenile justice system and why this is an appropriate approach to take in these cases. This article will not discuss exemptions to the sex offender registration law for certain young adult offenders.

Sex Offender Registration in Juvenile Cases

The two biggest differences between sex offender registration in adult and juvenile cases involves how long the duty to register lasts and exemptions or deferrals for certain juvenile cases.

Expiration of the Duty to Register

Sex offender registration in Texas is contained in Chapter 62 of the Texas Code of Criminal Procedure. Under Section 62.101, the duty to register in adult cases is for life. However, in juvenile cases, the duty to register ends ten years after the end of the sentence. This ten-year provision also applies to juvenile cases that are certified and transferred to adult court.

Exemptions for Certain Juvenile Cases

According to Section 62.351 of the Code of Criminal Procedure, either during or after the dispositional hearing in a case in which a juvenile has been adjudicated for a registrable offense, the court can hold a hearing to determine whether the interests of the public require this particular juvenile to register under Chapter 62. This hearing will only be held if, prior to the hearing, the attorney for the juvenile has filed a motion asking the court to consider exempting him from the registration requirements.

During this hearing, which does not involve a jury, the juvenile must prove by a preponderance of the evidence that the protection of the public would not be increased by the registration or that any increase in the protection of the public is clearly outweighed by the anticipated substantial harm to the juvenile and his family caused by registration. After the hearing, the court, under Section 62.352, can make one of several rulings. If the court determines that the juvenile has met his burden of proof, the court must exempt the child from the duty to register. If the juvenile has not met his burden, the judge can either make the child register, make the registration nonpublic, or defer the decision on registration until after the juvenile has completed treatment.

Deferral of the Registration Requirement Certain Juvenile Cases

If the court decides to defer the registration, the juvenile is not required to register during the deferral period. This deferral will automatically turn into an exemption if the juvenile successfully completes treatment, unless the prosecuting attorney files a motion requesting a hearing to reconsider the issue of registration.

Other Scenarios

Under Sections 62.353 and 62.354, juveniles who are already registering under Chapter 62, or those who are required to register due to an out-of-state adjudication, may also petition the court to have their registration either deferred or waived. These provisions require a hearing similar to that discussed above with exemptions.

Tarrant County's Approach to Juvenile Sex Offender Registration

No one can guarantee a particular outcome in a specific case. Every case, and every set of facts, is different and unique. However, many times, in Tarrant County, if a motion is filed by the juvenile’s attorney, the court will consider deferring the registration requirement until the end of probation to see if the juvenile can successfully complete treatment.

Other States' Approaches to Juvenile Sex Offender Registration

It is important to note that not all states have a provision for exempting or deferring a juvenile’s sex offender registration requirements. This means that if a child is adjudicated of a sex offense requiring registration in Texas and then moves out of state, he may be required to register under the new state’s laws.

Why is This an Appropriate Approach to Juvenile Sex Offender Registration?

At first blush, exempting juveniles from registering after they have been adjudicated of a sex offense seems wrong. However, it is important to remember that sex offender registration is a far-reaching consequence that can have profound effects on the life of the person subject to registration. These effects can be even more profound when the person who must register is an 11 or 12-year-old child. It is also important to note that research has shown repeatedly that juveniles who successfully complete treatment are less likely to reoffend than adults. Many juveniles who commit sexual offenses are not pedophiles, but instead, are curious, experimenting, or have not yet developed an acceptable level of impulse control.

While these behaviors are wrong, serious, and need to be addressed, sex offender registration is not the appropriate vehicle to do that. By allowing the exemption or deferral of registration in juvenile cases, Chapter 62 allows judges to evaluate each of these very different cases on their merits and apply the law in the most appropriate way for that case. It also allows juveniles to have a chance at rehabilitation before imposing drastic and long-lasting consequences on them that may devastate their lives before they ever really begin.

Conclusion

Sex offender registration is applied differently in adult cases than it is in juvenile cases. This is due to a few provisions in the law that apply specifically to juveniles. The biggest difference in the two systems is that, in juvenile cases, the judge has discretion over the issue of registration. The court can, if it chooses, defer that registration to see how the juvenile does in treatment. This allows courts to tailor a disposition and consequences to better suit a particular juvenile’s situation while still providing for the protection of the public.

This article is not intended to provide legal advice about any particular case. It is only intended to be a general overview of the sex offender registration law in juvenile cases. For legal advice, please consult an attorney about your case.