In In re J.S.S., 20 S.W.3d 837 (Tex. App.-- El Paso 2000, pet. den'd) the court found that the Fifth Amendment applied to the juvenile's predisposition interview. Id. at 846.
The court found that the interview "exceeded any arguably neutral purposes when the probation officer questioned the juvenile about the facts of the primary offense and the two extraneous offenses." Id.
The two extraneous offenses were the same as the offense that was the subject of the adjudication hearing. Id. at 839-40.
The juvenile court judge specifically stated that, in deciding to place the juvenile in T.Y.C., he took into account that the juvenile had committed the same offense on two prior occasions. Id. at 840.
The court further noted that its opinion "should not be read as holding that the Fifth Amendment applies to all predisposition interviews because the facts in a given case may show that the interview served more neutral purposes, and therefore, did not implicate the juvenile's Fifth Amendment rights." Id. at 846 n.7.