In re E.K.G.

487 S.W.3d 670, 2016 Tex. App. LEXIS 1348, 2016 WL 519717
CourtCourt of Appeals of Texas
DecidedFebruary 10, 2016
DocketNo. 04-15-00230-CV
StatusPublished
Cited by17 cases

This text of 487 S.W.3d 670 (In re E.K.G.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re E.K.G., 487 S.W.3d 670, 2016 Tex. App. LEXIS 1348, 2016 WL 519717 (Tex. Ct. App. 2016).

Opinion

OPINION

Opinion by:

Rebeca C. Martinez, Justice

E.K.G., a juvenile, appeals the trial court’s order modifying her disposition and committing her to the Texas Juvenile Justice Department (TJJD) for an indeterminate term. On its own motion, the court voted to consider this appeal en banc in order to reconsider the standard of review for juvenile disposition orders. We abrogate the standard of review established by In re K.T., 107 S.W.3d 65 (Tex.App.-San Antonio 2003, no pet.), and hold that legal and factual sufficiency are relevant factors in determining whether a trial court abuses its discretion in making the necessary findings underlying a disposition order. Applying this standard of review to the evidence in this case, we affirm the trial court’s disposition order committing E.K.G. to the TJJD for an indeterminate term.

BACKGROUND

E.K.G. pled “true” to an allegation that she engaged in delinquent conduct by committing felony theft of property, namely ten items of jewelry which had an aggregate value greater than $1,500 but not more than $20,000. See Tex. Penal Code Ann. § 31.03 (West Supp.2015). The trial court adjudicated that E.K.G. engaged in delinquent behavior, and on January 7, 2014 placed her on juvenile probation in the care, custody, and control of her parents for twelve months. Two months later, the State filed a motion to modify disposition, alleging E.K.G. violated several conditions of her probation by habitually failing to attend school and failing to avoid any and all use of illegal drugs. E.K.G. pled “true” to the allegations, and the trial court modified her disposition by extending the term of her probation by twelve months.

After four months, the State brought its second motion to modify disposition, in which the State alleged that E.K.G. failed to attend school, failed to complete court-ordered community service, left home without permission, failed to avoid illegal drugs, and violated her curfew. E.K.G. again pled “true” to the allegations, and her probation was modified and extended until her eighteenth birthday on February 19, 2016. She was placed outside her home in the care, custody, and control of the Chief Juvenile Probation Officer of [673]*673Bexar County to serve her probation in a residential placement facility. On February 20, 2015, the State filed a third motion to modify disposition, in which the State alleged that E.K.G. failed to cooperate fully and obey all of the rules of the residential placement facility, in violation of Condition No. 22 of her probation. On March 27, 2015, E.K.G. pled “true” to the allegations and the trial court found that E.K.G. violated Condition No. 22 of her probation. The court revoked her probation, found that E.K.G. was in need of rehabilitation and that disposition was required, and ordered E.K.G. committed to the TJJD for an indeterminate term. On appeal, E.K.G. argues the trial court abused its discretion when it committed her to the TJJD.

STANDARD OP REVIEW

A juvenile court possesses broad discretion to determine a suitable disposition for a child who has been adjudicated as having engaged in delinquent behavior. See Tex. Fam. Code Ann. § 54.04 (West Supp.2015) (disposition hearing); see also In re P.E.C., 211 S.W.3d 368, 370 (Tex. App.-San Antonio 2006, no pet). This is particularly true in proceedings to modify a juvenile’s disposition. See Tex. Fam. Code Ann. § 54.05 (West Supp.2015) (modification of disposition hearing); see also In re D.R.A, 47 S.W.3d 813, 815 (Tex.App.-Fort Worth 2001, no pet.) (“Juve nile courts are vested with a great amount of discretion in determining the suitable disposition of children found to have engaged in delinquent conduct, and this is especially so in hearings to modify disposition.”). Absent an abuse of discretion, a reviewing court will not disturb the juvenile court’s disposition or modification of a disposition. In re P.E.C., 211 S.W.3d at 370; In re D.R.A., 47 S.W.3d at 815.

An abuse of discretion occurs when the trial court acts unreasonably or arbitrarily, or without reference to any guiding rules or principles. In re K.J.N., 103 S.W.3d 465, 466 (Tex.App.-San Antonio 2003, no pet.). The guiding rules and principles in juvenile cases involving commitment outside the child’s home are found in the Juvenile Justice Code, which is located in the Texas Family Code. Section 54.04(i) authorizes the trial court to commit a child to the TJJD based on findings that: (1) it is in the child’s best interest to be placed outside the home; (2) reasonable efforts were made to prevent or eliminate the need for the child’s removal from the home and to make it possible for the child to return 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(f); see- id. § 54.05(m) (same findings required for commitment upon modification of disposition); see also In re P.E.C., 211 S.W.3d at 370. Under section 54.04(d)(2), the trial court may commit a child who has been adjudicated as having engaged in delinquent conduct consisting of a felony to the TJJD without a determinate sentence. Tex. Fam. Code Ann. § 54.04(d)(2).

Although it is well established that the above-stated abuse of discretion standard governs review of disposition orders, the standard has not been applied consistently by the courts of appeals, including our court, with respect to evidentiary review of the trial court’s fact findings underlying its disposition order. Prior to 2003, we reviewed the trial court’s findings of fact underlying the disposition order for legal and factual sufficiency as “relevant factors” in determining, whether the court abused its discretion. In re K.R., 82 S.W.3d 660, 661 (Tex,App.-San Antonio 2002, no pet.); In re J.S., 993 S.W.2d 370, 372 (Tex.App.-San Antonio 1999, no pet.). We determined that civil sufficiency stan-[674]*674daids of review should apply to the findings underlying the disposition order because the Family Code places no burden of proof on the State1 at the disposition phase and juvenile proceedings are governed by civil procedures unless otherwise provided in the Family Code. In re T.K.E., 5 S.W.3d 782, 785 (Tex.App.-San .Antonio 1999, no pet.) (noting that criminal sufficiency standards of review apply to findings in the adjudication phase because the State bears a “beyond a reasonable doubt” burden of proof under section 54.03(f) of the Family Code). .

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Cite This Page — Counsel Stack

Bluebook (online)
487 S.W.3d 670, 2016 Tex. App. LEXIS 1348, 2016 WL 519717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ekg-texapp-2016.