Opinion
No. 05-06-00959-CV.
Opinion issued January 22, 2007.
On Appeal from the 304th Judicial District Court Dallas County, Texas, Trial Court Cause No. JD-64428-W.
Before Justices WHITTINGTON, MOSELEY, and O'NEILL. Opinion By Justice WHITTINGTON.
MEMORANDUM OPINION
J.W., a juvenile, appeals the trial court's order, placing him on twelve months' probation at the Lyle B. Medlock facility. In a single issue, J.W. contends the trial judge abused his discretion in ordering J.W. placed at Medlock. We affirm the trial court's order.
In his sole issue, J.W. claims the trial judge abused his discretion in determining he should be committed to the Medlock facility. J.W. contends there was no evidence presented that his mother could not provide him with the level of supervision necessary to successfully complete his probation. After reviewing the record, we cannot agree.
A trial judge possesses broad discretion to determine a suitable disposition for a juvenile who has been adjudicated as having engaged in delinquent conduct. In re J.W., 198 S.W.3d 327, 331 (Tex.App.-Dallas 2006, no pet.); In re P.L., 106 S.W.3d 334, 337 (Tex.App.-Dallas 2003, no pet.); In re K.J.N., 103 S.W.3d 465, 465-66 (Tex.App.-San Antonio 2003, no pet.). Absent a showing of an abuse of discretion, we will not disturb the judge's determination of a juvenile's disposition. In re J.W., 198 S.W.3d at 331; In re K.B., 106 S.W.3d 913, 915 (Tex.App.-Dallas 2003, no pet.). A judge abuses his discretion when he acts in an unreasonable or arbitrary manner, or without reference to any guiding rules or principles. In re J.W., 198 S.W.3d at 331; In re K.J.N., 103 S.W.3d at 466. The guiding rules and principles in juvenile cases involving commitment outside the juvenile's home are found in the Texas Family Code. In re J.W., 198 S.W.3d at 331; see Tex. Fam. Code Ann. § 54.04 (Vernon Supp. 2006).
Although J.W. claims there is no evidence in the record that his mother could not provide him with the level of supervision necessary to successfully complete his probation, we disagree. The record shows that, at the time of the hearing, J.W. lived with his mother and two brothers. Although he attended eighth grade, he had failed two grades and was two years behind his peers in school. From the time J.W. first attended school in kindergarten, he had been suspended approximately thirty-two times. Reasons given for past suspensions included fighting, violating the dress code, failing to follow instructions, displaying disrespectful behavior toward authority figures, and using profanity. J.W. attended an alternative education program on nine occasions because of "excessive referrals" and Community Education Partners on four occasions because of physical aggression toward peers and teachers. J.W. admitted using marijuana approximately five times a year and occasionally smoking cigars. He had spoken with school counselors in the past for "inappropriate school behavior" and admitted having a difficult time controlling his anger "especially if others become physical." J.W. was found to have engaged in delinquent conduct following an assault on a school teacher. According to J.W.'s mother, he has a lot of mood swings, does not always follow the rules of the home, and gets very angry "when things do not go his way."
Alicia Lawhorn, the court liaison officer for the Dallas County Juvenile Department, testified J.W. is in need of a well-structured environment and that his home and family could not provide such an environment at the time of the hearing. She testified the department initially sought a family preservation program that would keep J.W. at home with an extra probation officer to help him. That type of program provides in-home counseling and is available to the family twenty-fours a day but requires parental cooperation. J.W. was not accepted into the plan, however, because his mother "was uncooperative." The department next sought to place him in the Dallas County Youth Village but J.W. refused to cooperate with that program. Lawhorn testified the department had made all reasonable efforts to keep J.W. at home but that his mother was not willing to participate in the family therapy program. Because J.W. could not be provided the level of care, supervision, and support he needed to meet his probation at home, the department was recommending J.W. be placed in Progressive Sanction Level Five at the Medlock facility for one year.
J.W.'s mother testified she spoke with a woman named Deanne Cook from "Family Census" who told her she and J.W. would be accepted in the program and that they would come out three times a week to help J.W. According to J.W.'s mother, the woman did not tell her they had been denied. J.W.'s mother also testified she "cooperated with her very well" but admitted she and J.W.'s probation officer "do not get along."
The trial judge was in the best position to resolve any credibility issues with respect to the testimony of J.W., his mother, and Lawhorn. Considering all the evidence before the trial judge, we cannot conclude the trial judge abused his discretion in placing J.W. on probation at the Medlock facility. We overrule J.W.'s sole issue.
We affirm the trial court's order.