in the Matter of A.M v. a Child
13-17-00317-CV
Tex. App.Nov 2, 2017Background
- The State filed a petition seeking discretionary transfer/waiver under Tex. Fam. Code §54.02 to send A.M.V., alleged to have committed aggravated sexual assault as a juvenile, to criminal district court.
- A.M.V. (now an adult) was served with a summons and a copy of the petition; the summons stated he was to appear to answer the "State’s Petition for Discretionary Transfer to Criminal Court (18+)" and incorporated the petition.
- The petition expressly requested waiver of juvenile jurisdiction under §54.02(j) and detailed the subsection (j) elements supporting transfer.
- A.M.V. argued the summons was defective because it did not recite the exact statutory language in §54.02(k) stating the hearing was to consider "waiver of jurisdiction under Subsection (j)," and asserted a due process violation.
- The juvenile court granted the State’s petition and waived jurisdiction; A.M.V. appealed solely on the adequacy of the summons and notice.
- The Court of Appeals considered whether a summons that incorporates a petition can satisfy §54.02(k)’s notice requirement and comport with due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summons complied with Fam. Code §54.02(k) and provided adequate notice | Summons failed to cite subsection (j) verbatim; therefore notice defective and jurisdiction lacking | Summons plus incorporated petition together notified A.M.V. that the hearing sought waiver under §54.02(j) | The court held the summons, read with the incorporated petition, satisfied §54.02(k) and provided constitutionally adequate notice |
Key Cases Cited
- In re Gault, 387 U.S. 1 (1967) (juvenile proceedings require notice adequate for civil/criminal proceedings)
- In re W. L. C., 562 S.W.2d 454 (Tex. 1978) (compliance with §54.02 is mandatory before a juvenile court may consider waiver)
- Hardesty v. State, 659 S.W.2d 823 (Tex. Crim. App. 1983) (courts may examine both summons and incorporated petition to assess compliance with §54.02)
- In re N.J.A., 997 S.W.2d 554 (Tex. 1999) (juvenile court retains limited jurisdiction over persons who turn 18 only to transfer or dismiss)
- Polanco v. State, 914 S.W.2d 269 (Tex. App.—Beaumont 1996) (summons notifying defendant to appear on petition for discretionary transfer complied with §54.02)
- R.K.M. v. State, 520 S.W.2d 878 (Tex. Civ. App.—San Antonio 1975) (recognizing §54.02 notice requirements exceed minimal due process floor)