In the Matter of S.J.F.--Appeal from 386th Judicial District Court of Bexar County

MEMORANDUM OPINION

 
No. 04-06-00619-CV
IN THE MATTER OF S.J.F.
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-JUV-01723-A
Honorable Laura Lee Parker, Judge Presiding (1)

Opinion by: Karen Angelini, Justice

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: June 20, 2007

 

ABATED AND REMANDED

This is an appeal of an order of adjudication and disposition committing S.J.F., a juvenile, to the Texas Youth Commission ("TYC"). In one issue on appeal, S.J.F. contends the trial court abused its discretion when it committed him to TYC because the trial court failed to clearly state its reasons for the commitment as required by subsection 54.04(f) of the Texas Family Code. Because we agree that the trial court did not clearly state its reasons as required, we abate this appeal and remand the cause to the trial court with instructions to enter a disposition order in compliance with subsection 54.04(f).

Discussion

In his sole issue, S.J.F. argues that the trial court failed to comply with subsection 54.04(f) of the Texas Family Code. Pursuant to subsections 54.04(f) and (i), a trial court must make certain findings in its disposition order. See Tex. Fam. Code Ann. 54.04(f), (i) (Vernon Supp. 2006). Here, after S.J.F. pled true to the offense of burglary of a building, the trial court found the charge to be true and committed S.J.F. to TYC. At the conclusion of the disposition hearing, the trial court made the statutory findings required by subsection 54.04(i) (2) and then with respect to the findings required by subsection 54.04(f) stated the following on the record: "I will order the child committed to the Texas Youth Commission in light of his record regarding his education and complying with conditions of probation." The trial court's Order of Disposition also includes the statutory findings required by subsection 54.04(i). However, the order does not list any findings required by subsection 54.04(f). The order only states the following: "The Court finds that this is the appropriate disposition for the following reason(s):" No reasons, however, are listed.

Subsection 54.04(f) provides that "[t]he court shall state specifically in the order its reasons for the disposition and shall furnish a copy of the order to the child." Tex. Fam. Code Ann. 54.04(f) (Vernon Supp. 2006). This subsection of the Family Code requires the court to articulate "clear, specific reasons for the disposition." In re A.G.G., 860 S.W.2d 160, 162 (Tex. App.--Dallas 1993, no writ). The trial court is required to specifically state its reasons for the disposition to allow "an appellate court, on review, to determine whether the reasons given in the order are supported by the evidence or whether they are insufficient to justify the disposition made." In re A.N.M., 542 S.W.2d 916, 919 (Tex. Civ. App.--Dallas 1976, no writ).

In this case, the trial court did not include any reasons in its order of disposition. Further, the trial court's statement at the conclusion of the hearing that S.J.F. would be committed to TYC "in light of his record regarding his education and complying with conditions of probation" is simply too unclear and ambiguous to allow meaningful review on appeal.

When a juvenile court does not comply with subsection 54.04(f), we do not reverse for a new trial, but instead remand with instructions for the juvenile court to render a proper disposition order specifically stating the reasons for such disposition. See Tex. R. App. P. 44.4; In re S.S., No. 04-99-00806-CV, 2001 WL 356963, at *3 (Tex. App.--San Antonio 2001, order); In re K.K.H., 612 S.W.2d 657, 658 (Tex. Civ. App.--Dallas 1981, no writ). We, therefore, abate this appeal and remand the cause to the trial court with instructions for the trial court to render a proper disposition order specifically stating the reasons for such disposition in compliance with subsection 54.04(f).

 

Karen Angelini, Justice

 

1. The Honorable Laura Parker, Presiding Judge of the 386th Judicial District Court, Bexar County, Texas approved the order of disposition presided over by Referee Patrick J. Garza.

2. Subsection 54.04(i) provides that if the court commits the child to the Texas Youth Commission, the court shall include in its order that it is in the child's best interest, reasonable efforts were made to keep the child in his home, and the child, in his home, cannot be provided adequate care, support and supervision that he needs to meet conditions of probation. Tex. Fam. Code Ann. 54.04(i)(1) (Vernon Supp. 2006).