We have a girl on probation for CINS (she was expelled from school). This young person apparently cannot exist in society, because for the second time in as many weeks, she has had a blowup at our JJAEP program and has been detained for violating her probation.

The probation office wants me to file for delinquent conduct based on the fact that she has violated her probation (a court order). I say that I cannot make this into a delinquent conduct case because this is not the type of contempt of court proceeding covered by Section 51.03(a)(2). Also, Section 54.07 says you cannot file a contempt proceeding based on violations of an order setting out conditions of probation.

Am I missing something? Any input is greatly appreciated.

Jim,

I think you are right. Before that change in the law you could flip a CINS into a delinquent case but no longer.

I am assuming that this change does nothing to our ability to flip a violation of a jp court order into a delinquent? 54.07 refers only to orders of the "juvenile court".

Thats one of the "issues" that caused so much controversy when the changed happened. There is an AG opinion that semi addressed the contempt cases that come up from JP courts. I don't agree with everything that it says but it definately indicates that those JP cases are good to go.