Opinion
No. 05-04-01262-CV
Opinion Filed April 14, 2005.
On Appeal from the 305th Judicial District Court Dallas County, Texas, Trial Court Cause No. Jd-56143-X.
Affirmed.
Before Justices MORRIS, FRANCIS, and LANG-MIERS.
MEMORANDUM OPINION
In a single point of error, K.W. appeals the trial court's judgment adjudicating her as a child engaged in delinquent conduct and ordering her committed to the Texas Youth Commission on a five-year determinant sentence. We affirm.
In June 2004, Glenn Heights police arrested appellant, who was sixteen, for threatening her younger brother with a knife during an argument. The State filed a petition alleging appellant was a child engaged in delinquent conduct by committing aggravated assault with a deadly weapon. The grand jury approved the petition. At the adjudication hearing, appellant pleaded true to the allegation. A disposition hearing followed.
Evidence at the disposition hearing showed that appellant was previously adjudicated on a delinquent conduct charge for threatening her mother with a knife. At the time, appellant was put on probation for one year and placed outside the home at Center for Success Independence. She was subsequently returned to her home under her mother's supervision. The incident at issue here occurred two months after she returned home.
Probation officer Mario Love recommended that appellant be committed to TYC for the safety of the public and appellant. According to Love, the juvenile probation department looked at placement alternatives, but none of the placement units would accept appellant because of the previous allegation of aggravated assault. Love testified that appellant's behavior at home was poor. She did not respond to supervision at home and violated her probation by not reporting and not going to school. Love also testified appellant had a history of running away from home, associating with negative peers, and had negative school issues. He also testified that appellant had used marijuana, although her urinalysis was negative.
Love testified that a psychological assessment showed the appellant needed "higher structure." He said the department had exhausted all efforts and services that it had to prevent removing appellant from the home. However, he said the home was no longer able to support the level of supervision that appellant needed and that it was in appellant's best interest to be placed in TYC.
Appellant testified that all the problems in her home were not caused by her. She did not deny the attack on her brother, but explained that her brother had thrown a box of books at her during an argument over the use of the telephone. Appellant said she grabbed a knife because "[t]hat's the only thing I could think of that was around for me to grab to protect myself." Appellant said she was not going to stab her brother, but she admitted he was cut in the incident. Appellant testified that she wanted to return home. Appellant's mother testified that appellant does not fully understand the consequences of her actions and does not know how to control her anger. After hearing the evidence, the trial court found that the department had made all reasonable efforts to prevent the need to remove appellant from the home; appellant could not receive the quality of care, level of supervision, and support necessary to meet the terms and conditions of probation while living at home; and appellant needed a structured, secure environment. The trial court ordered that appellant be committed to TYC.
In her sole issue, appellant contends the trial court abused its discretion in ordering her committed to TYC. Specifically, she argues that "it is possible" her behavior was a result of failing to take prescribed medication in a timely manner to assist her in dealing with her anger and other psychological issues.
A juvenile judge has broad discretion to determine the proper disposition of a child who has been adjudicated as engaging in delinquent behavior. In re K.J.N., 103 S.W.3d 465, 465-66 (Tex.App.-San Antonio 2003, no pet.). We will not disturb the juvenile court's determination absent an abuse of discretion. Id. An abuse of discretion occurs when the trial court acts unreasonably or arbitrarily and without reference to guiding rules and principles. Id. The guiding rules and principles in juvenile cases involving commitment outside the child's home are found in the Texas Family Code. Id.
The family code permits a trial judge to commit a child to TYC if: (1) it is in the child's best interest to be placed outside the home; (2) reasonable efforts have been taken to prevent or eliminate the need for the child's removal from the home; and (3) while in the home, the child cannot receive the quality of care and level of support and supervision needed to meet the conditions of probation. Tex. Fam. Code Ann. § 54.04(i) (Vernon Supp. 2004-05).
Here, the trial court made the necessary statutory findings. Having reviewed the record, we conclude it supports those findings. The record shows appellant has been physically aggressive in the home, threatening family members on two different occasions with a knife. She was previously placed outside the home for one of these attacks. She would not go to school, associated with negative peers, and had a history of running away from home. Placement units considered by the department would not accept appellant because of her violent behavior. Under the record in this case, we cannot conclude the trial court abused its discretion in ordering appellant committed to TYC. We resolve her sole issue against her.
We affirm the trial court's judgment.