Texas juvenile probation — Family Code § 54.04

Texas juvenile probation is a criminal offense under Family Code § 54.04. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Family Code § 54.04 governs disposition after a juvenile court finds that a respondent engaged in delinquent conduct. The court selects among community-based probation, residential placement, secure commitment to TJJD, or a determinate sentence for enumerated violent offenses. Disposition decisions consider the seriousness of the offense, the respondent's history, treatment needs, family circumstances, and protection of the public. Many cases resolve with probation supervised by the county juvenile probation department.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 54.04 charge, the State must prove every element beyond a reasonable doubt:

1. Respondent has been adjudicated for delinquent conduct or conduct indicating a need for supervision
2. Court conducts a separate disposition hearing with a social history report
3. Court considers the four § 54.04(c) factors: seriousness, age, prior record, and rehabilitation needs
4. Court selects a disposition supported by the evidence and tailored to the respondent
5. Disposition includes specific conditions of probation or placement

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Juvenile Probation case:

• Advocate for the least restrictive appropriate disposition based on individualized treatment needs
• Present a defense disposition plan with concrete community-based alternatives — school enrollment, counseling, family support, employment
• Offer expert evaluations supporting probation rather than commitment
• Negotiate conditions that are achievable and trauma-informed
• Coordinate with the juvenile probation department and community resources to demonstrate viability of a non-commitment plan

Enhancements & collateral consequences

Probation conditions typically include school attendance, curfew, drug testing, victim restitution, counseling, community service, and avoiding co-respondents or victims. Violation of probation may result in modification — including residential placement or commitment to TJJD. Probation generally cannot extend past the respondent's 18th birthday unless specific statutory exceptions apply (gang offenses, certain treatment programs to age 19).