The judge must take the defendant’s plea in open court and must also issue a summons to compel the defendant’s parent, guardian or managing conservator to be present during the taking of the defendant's plea if the defendant has not had the disabilities of minority removed and:
• Is younger than 17 years of age if they are charged with an offense other than a sexting offense under Penal Code § 43.261; or
• Is younger than 18 years of age if they are charged with a sexting offense under Penal Code § 43.261. Code of Criminal Procedure Art. 45.0215(a).
If a fine-only offense is filed against a child in justice court and the child has two prior convictions of fine-only offenses other than traffic offenses, then the justice court must transfer the case to juvenile court. Family Code § 51.08(b)(1).
If a fine-only offense other than a traffic offense filed against a child where any court has previously dismissed a complaint against the child on grounds of mental illness, developmental disability, or lack of capacity under Section 8.08, Penal Code, must transfer to the juvenile court. Family Code § 51.08(f)