In the Matter of M.T.--Appeal from 73rd Judicial District Court of Bexar County

99-00605 In the Matter of MT a juvenile.wpd No. 04-99-00605-CV
IN THE MATTER OF M.T., a Juvenile
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 99-JUV-00612
Honorable Andy Mireles, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: July 12, 2000

AFFIRMED

Factual and Procedural Background

M.T., a juvenile, appeals the trial court's order committing her to the Texas Youth Commission. We affirm. After M.T. failed to obey the terms of a 1998 order regarding her truancy, she was placed on probation and required to perform community service, submit to drug testing, and attend intervention programs. Some months later, the State moved to modify this disposition, alleging M.T. had violated several terms of her probation. The trial court granted the State's motion and, expressing concern for M.T.'s safety, ordered her transferred to the physical and supervisory custody of the Texas Youth Commission.

Discussion

M.T. claims there is insufficient evidence to support the trial court's decision to remove her from home under section 54.04 (i) of the Texas Family Code. However, this court has previously held section 54.04 (i) of the Texas Family Code applies only to a court's original disposition. In re H.G., 993 S.W.2d 211, 214 (Tex. App.--San Antonio 1999, no pet.). The court's ability to modify a disposition is controlled by section 54.05 (f), which permits a court to modify a disposition and commit a juvenile to the Texas Youth Commission if it finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court. Id.; Tex. Fam. Code Ann. 54.05 (f) (Vernon Supp. 1999); In re M.A.L., 995 S.W.2d 322, 324 (Tex. App.--Waco 1999, no pet.).

The judgment of the trial court is affirmed.

Sarah B. Duncan, Justice

DO NOT PUBLISH