This question has been addressed in 1 Texas court opinion:
COA12 — February 18, 2026
D.A., a juvenile charged with capital murder, challenged a court order transferring his case to adult criminal court. He argued that the admission of hearsay testimony from experts and investigators, along with social evaluation reports, violated his Sixth Amendment right to confrontation. The Twelfth Court of Appeals affirmed the transfer, reasoning that the Confrontation Clause only applies to 'criminal prosecutions' that determine guilt or punishment. The court concluded that because a discretionary transfer hearing is a jurisdictional proceeding to determine the appropriate forum rather than a trial on the merits, the constitutional strictures of Crawford v. Washington do not apply, and the use of hearsay-laden reports is permissible.
Litigation Takeaway
“In jurisdictional or 'best interest' proceedings—such as juvenile transfer hearings or certain SAPCR phases—the Sixth Amendment's Confrontation Clause does not provide a shield against hearsay. Practitioners must focus on challenging the reliability of evidence through the Texas Rules of Evidence or Due Process arguments rather than relying on Crawford-based constitutional objections.”