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In re J.W.

Court of Appeals Sixth Appellate District of Texas at Texarkana
Aug 11, 2017
No. 06-17-00039-CV (Tex. App. Aug. 11, 2017)

Opinion

No. 06-17-00039-CV

08-11-2017

IN THE MATTER OF J.W., A JUVENILE


On Appeal from the County Court Lamar County, Texas
Trial Court No. 5-CJV-16 Before Morriss, C.J., Moseley and Burgess, JJ. ORDER

Appellant J.W., a juvenile, has appealed from the trial court's order modifying disposition and committing him to the Texas Juvenile Justice Department (TJJD). See TEX. FAM. CODE ANN. § 54.05 (West 2016). J.W. has filed a brief in accordance with Anders v. California, 386 U.S. 738, 743-44 (1967) and In re D.A.S., 973 S.W.2d 296 (Tex. 1998). In his brief, J.W.'s appellate counsel points out that the trial court's order does not specifically state its reasons for modifying the disposition, as required by the Family Code. See TEX. FAM. CODE ANN. § 54.05(i) (West Supp. 2016). Since the trial court's erroneous order prevents the proper presentation of this case on appeal, we abate this appeal to the trial court so the trial court can correct its order. See TEX. R. APP. P. 44.4.

A brief background of the trial court's proceedings is necessary to inform the basis for the issuance of this order. After an adjudication hearing on March 22, 2016, the trial court found that J.W. had engaged in delinquent conduct as a result of committing robbery on January 22, 2016, and engaging in deadly conduct on February 3, 2016. The trial court placed J.W. on probation in the custody of Carol Woods for a period of twelve months. The conditions of his probation included that J.W. was to remain in the custody of Woods beginning March 22, 2016, until midnight March 21, 2017, that he follow the rules established by his parent or custodian and not run away, and that he obey all laws (including curfew laws).

J.W. was placed in the custody of Kyral Woods in a subsequent amendment to the terms of probation.

On January 3, 2017, the county attorney of Lamar County filed a petition to modify disposition and to revoke J.W.'s probation. The petition alleged that J.W. had violated the terms of his probation by (1) unlawfully appropriating a paintball gun from Walmart on or about December 11, 2016, (2) operating an all-terrain vehicle without the effective consent of its owner, the Paris Suzuki Kawasaki Shop, on or about December 12, 2016, (3) damaging or destroying the all-terrain vehicle on or about December 12, 2016, and (4) failing to be physically present at the home of Woods on or about December 17 through December 30, 2016. The petition also requested that the trial court commit J.W. to the TJJD.

After a disposition hearing held on February 7, 2017, the trial court entered its order committing J.W. to the TJJD. In its order, the trial court found that J.W. had "violated [his] terms and conditions of probation by [f]ail[ing] to obey all laws," that he was "in need of rehabilitation," and that "the protection of the public and [J.W.] require[d] that disposition be made." The order also recited the trial court's finding that it was in the best interest of J.W. and of the community that he be placed outside of his home and committed to the TJJD, because in his home, J.W. could not be provided the quality of care and level of support and supervision he needed to meet the conditions of probation although reasonable efforts had been made to prevent or eliminate the need for him to be removed from his home. In addition, the trial court found the following reasons for commitment to the TJJD:

The seriousness of the offense(s) requires that [J.W.] be placed in a restrictive environment to protect the public.

. . . .

The Respondent has a history of persistent delinquent behavior.

Local resources of the Court are inadequate to properly rehabilitate the Respondent.
The Texas Family Code provides that "[t]he court shall specifically state in the order its reasons for modifying the disposition." TEX. FAM. CODE ANN. §54.05(i). In order to comply with the requirements of Section 54.05(i),
[t]he modifying order must specifically recite the conduct which prompted the trial court to modify its prior order of disposition. Providing specific reasons for the disposition provides the child with notice of the court's reasons so that the child can determine the need for an appeal. Additionally, a record is created for the appellate court to rely on in making its decision about whether sufficient evidence supports the juvenile court's findings and determinations. Therefore, merely reciting statutory language will not be sufficient to justify the juvenile court's ruling.
In re J.M., 287 S.W.3d 481, 489 (Tex. App.—Texarkana 2009, no pet.) (citations omitted). The trial court's compliance with these requirements is mandatory. Id. at 490. When the trial court fails to comply with the specificity requirements, the appellate court generally remands to the trial court with instructions for the trial court to render a proper disposition order that specifically states the reasons for its disposition. Id. at 489 (citing K.K.H. v. State, 612 S.W.2d 657, 658 (Tex. Civ. App.—Dallas 1981, no writ)); see TEX. R. APP. P. 44.4.

In its order, although the trial court recites that J.W.'s probation should be revoked because he "[f]ailed to obey all laws" and that the "seriousness of the offense(s)" required J.W. to be placed in the restrictive environment of the TJJD, the order does not set out the conduct in which J.W. engaged during those instance(s) in which he failed to obey laws while on probation, or the seriousness of those infractions. Without such specificity, J.W. cannot determine the need for appeal, and this Court cannot determine whether sufficient evidence supports the trial court's findings.

Therefore, we abate this case to the trial court and instruct the trial court to correct its order to include its specific reasons for its disposition order, as required by Section 54.05(i) of the Family Code. Those reasons shall include, at a minimum, the facts and circumstances showing the conduct engaged in by J.W. during those instance(s) in which he failed to obey laws while he was on probation. The trial court's corrected order shall be entered into the record of this case and shall be filed with this Court in the form of a supplemental clerk's record on or before August 24, 2017.

All appellate timetables are stayed and will resume on our receipt of the supplemental clerk's record.

IT IS SO ORDERED.

BY THE COURT Date: August 11, 2017


Summaries of

In re J.W.

Court of Appeals Sixth Appellate District of Texas at Texarkana
Aug 11, 2017
No. 06-17-00039-CV (Tex. App. Aug. 11, 2017)
Case details for

In re J.W.

Case Details

Full title:IN THE MATTER OF J.W., A JUVENILE

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Aug 11, 2017

Citations

No. 06-17-00039-CV (Tex. App. Aug. 11, 2017)