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In Matter of A.G.

Court of Appeals of Texas, Tenth District, Waco
Jul 5, 2007
No. 10-06-00107-CV (Tex. App. Jul. 5, 2007)

Opinion

No. 10-06-00107-CV

Opinion delivered and filed July 5, 2007.

Appeal from the 289th District Court Bexar County, Texas, Trial Court No. 2005-JUV-02526.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


A.G. pleaded true to an allegation that A.G. engaged in delinquent conduct by committing the offense of assault on a public servant. The trial court, following a disposition hearing, committed her to the Texas Youth Commission (TYC). In a single point of error, A.G. complains that the court abused its discretion by committing her to TYC rather than granting probation. We will affirm.

The Family Code provides that to be committed to TYC, the court must determine that "the quality of care and level of support and supervision that the child needs" cannot be met inside the home and that "reasonable efforts" were made to prevent the need for removal. TEX. FAM. CODE § 54.04(i)(1) (Vernon Supp. 2006). We review the disposition order for an abuse of discretion. In re S.S., No. 10-03-00270-CV, 2004 Tex. App. LEXIS 9064 at *2 (Tex.App.-Waco 2004, no pet.) (mem. op.). A court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules included in the Family Code. In re J.K.N., 103 S.W.3d 465, 466 (Tex.App.-San Antonio 2003, no pet.).

The charges stem from a classroom incident with A.G.'s teacher. A.G., a twelve-year-old attending the school district's alternative school for students with behavioral problems, became defiant and uncontrollable with the teacher's aide. When the teacher intervened, A.G. kicked the teacher. Upon being taken to the principal's office, A.G. continued the verbal and physical defiance. The principal called school district police. While attempting to transport A.G. to the district's police department, A.G. kicked the police officer causing him to bleed. During the car ride, A.G. slipped out of the handcuffs and attempted to escape the patrol car. At the station, A.G. attempted again to escape the handcuffs and scratched herself and other officers. As a result of this incident, A.G. was charged with the assault of a public servant for kicking the teacher and resisting arrest. The resisting arrest charge was dropped upon A.G. pleading true to the assault charge.

At the disposition hearing, psychological evaluations showed that A.G. suffers from bipolar disorder, oppositional defiant disorder, attention deficit hyperactivity disorder, and learning disorders. Further, there was a history of self-mutilation and suicidal ideations. A.G. had previously assaulted four teachers at the school. A.G. had several, short-term commitments to area psychiatric hospitals which had not improved her behavior. The school principal testified that the alternative school was not appropriate for A.G. and neither was home schooling. A.G.'s mental health worker testified that A.G. had attempted to throw a chair at him. He felt that commitment to TYC was appropriate. There was also testimony that A.G. responded well to her mother. A teacher's assistant said that A.G.'s behavior improved in the presence of her mother. The mother testified that she was able to home school A.G. and that in the home her behavior improved. A.G. testified to needing personal space and wanting to stay at home. The doctor who conducted A.G.'s psychological evaluations said that because of A.G.'s age, intensive supervision within the probation department was appropriate, though TYC probation department felt they could not maintain that required level of supervision and that commitment was more appropriate.

The record shows that the juvenile court judge engaged in extensive deliberation in reaching her conclusion. At the hearing, the judge stated she had considered every option and, "though [she] prefer[ed] not to," had to send A.G. to the TYC. The order stated that commitment to the TYC was appropriate because A.G. had committed a felony and had numerous health issues and "bizarre behaviors" which the TYC could address. These findings are well supported by the record. Thus, the juvenile court did not abuse its discretion in placing A.G. with the TYC. A.G.'s sole issue is overruled.

Having overruled the sole issue on appeal, the juvenile court's disposition order is affirmed.


Summaries of

In Matter of A.G.

Court of Appeals of Texas, Tenth District, Waco
Jul 5, 2007
No. 10-06-00107-CV (Tex. App. Jul. 5, 2007)
Case details for

In Matter of A.G.

Case Details

Full title:IN THE MATTER OF A.G

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 5, 2007

Citations

No. 10-06-00107-CV (Tex. App. Jul. 5, 2007)