Flynn v. State

In Flynn v. State, 707 S.W.2d 87, 89 (Tex. Crim. App. 1986), Flynn, a juvenile, appeared in court without his parents but with his aunt, Placida Tenorio. Although Tenorio had raised Flynn from birth, she had not adopted him and was not his legal guardian. The trial court proceeded with the adjudication without appointing a guardian for Flynn. The court of criminal appeals concluded that the trial court erred by failing to appoint a guardian; however, the court determined the error was harmless. Id. at 89. According to the court, the "basic principle of the Family code is that every child who appears before a juvenile court must have the assistance of some friendly, competent adult who can supply the child with support and guidance." Id. Because Tenorio, the individual who raised Flynn all his life, was a mother figure for Flynn, and because no one was more likely to render him friendly support and guidance, the court concluded that the "spirit, if not the letter of the statute was met" and held the error was harmless. Flynn, 707 S.W.2d at 89.