Family Code · §54.02

Juvenile Justice

Juvenile Justice is covered under §54.02 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Child 14+ for capital, aggravated controlled-substance, or 1st degree felony; Child 15+ for any felony; Probable cause + community-welfare finding; Hearing in juvenile court.

Elements you must prove

  • Child 14+ for capital, aggravated controlled-substance, or 1st degree felony
  • Child 15+ for any felony
  • Probable cause + community-welfare finding
  • Hearing in juvenile court

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Worked examples

Worked example 1

Certification of a juvenile to stand trial as an adult (Tex. Fam. Code §54.02) requires:

  1. Defendant's age over 14 only
  2. Child 14+ alleged to commit a capital felony, an aggravated controlled substance felony, or 1st degree felony, OR child 15+ alleged to commit a felony — plus the juvenile court finds probable cause and that, because of the seriousness of the offense or the child's background, the welfare of the community requires criminal proceedings Correct
  3. Certification is automatic for any felony
  4. Only with prosecutor consent
Why: Certification (transfer/waiver) requires age plus offense criteria, probable cause, and a finding that community welfare requires criminal-court proceedings.
Statute: Tex. Fam. Code §54.02

Statutory definitions for this topic

Certification (juvenile transfer) Tex. Fam. Code §54.02
Procedure to waive juvenile court jurisdiction and transfer the case to adult criminal court. Available when child is 14+ for capital, aggravated controlled-substance, or 1st degree felony, OR 15+ for any felony — plus probable cause and a finding that community welfare requires criminal proceedings.