A student 16 years of age or younger who is arrested at school is taken (referred) by law enforcement to the local juvenile probation department. During the intake process, the youth is asked general questions, such as address and parent/guardian information, and may be fingerprinted. Juvenile probation also determines if the youth will be released to a parent/guardian or will be detained pending an appearance in front of a judge for a detention hearing, which must be held within two days (or the on the first working day if the youth is arrested on a Friday or Saturday). At the detention hearing, the judge may release the youth or extend the time the youth remains in detention.
There are different possible outcomes for a case in the juvenile legal system. The youth’s case can be diverted from court and the youth be given a chance to participate in an informal probation, such as deferred prosecution. If the case is sent to court, the youth will be represented by an attorney to protect the youth’s rights, as required by law. The court case can still result in deferred prosecution, or can be handled formally with probation at home, probation in a non-secure or secure rehabilitative treatment center, or commitment to the state youth carceral system, the Texas Juvenile Justice Department. The youth also has the right to fight the juvenile charge and take the case to trial.
Research has shown that processing youth through the juvenile legal system can increase a youth’s chance of acting out again, creating a cycle of delinquency and court involvement.
Referrals to juvenile probation become a part of the student's record. Although the record is not available to the public, it is made available to law enforcement. If the youth meets certain legal requirements after exiting the juvenile legal system, the youth may have the right to have the juvenile record sealed, which is similar to expunction. An attorney can help with sealing juvenile records.