Asked 6/18/2016 – Houston, TX

My nephew is currently in JDC ( Juvenile Detention Center ) in Houston, Texas. The facility would like to release him but are unable to because his mother, my sister has yet to show up for court for every reason but the right one.
My mother would like to stand and take responsibility however we have been told that she cannot due to the fact she is not listed as a parent or guardian.
Note: He is currently 17, and this offence happened when he was 14 (He has been sitting for a couple of months now). He was placed on probation and asked to pay restitution as well as show up for court dates. His mother did not pay his restitution, and though he showed to court, she did not, therefore violating his probation.

Answer

The short answer is: yes, guardianship can be changed while a juvenile is in detention, but legal guardianship (which requires a court order in a separate proceeding) is different than placement and sanction levels in the juvenile justice system. If your nephew is in detention, an attorney has been appointed to represent him. Talk with that attorney to see what can be done to have your nephew placed in the home of your mother.