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

MEMORANDUM OPINION
No. 04-07-00259-CV
IN THE MATTER OF J.J.G.
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-JUV-00379
Honorable Laura L. Parker, Judge Presiding (1)

Opinion by: Karen Angelini, Justice

 

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: November 7, 2007

 

AFFIRMED

This is an appeal from a disposition hearing in a juvenile case in which the trial court committed J.J.G. to the Texas Youth Commission. In one issue on appeal, J.J.G. argues that the trial court abused its discretion when it committed her to the Texas Youth Commission because probation would have been a more appropriate disposition. We affirm the trial court's disposition order.

Background

J.J.G. was charged by petition with two counts of assault on a public servant. The State alleged that J.J.G., who was already in custody for a probation violation in an unrelated case, became violent and assaulted two detention officers who were escorting her from the court to a holding area. After J.J.G. pled true, the trial court held a disposition hearing in which testimony was taken from J.J.G.'s probation officer, J.J.G.'s mother, and J.J.G. herself. Stipulated evidence was also reviewed by the court. After hearing the evidence, the trial court committed J.J.G. to the Texas Youth Commission ("TYC").

In its order, the trial court stated that it was committing J.J.G. to TYC because of her "failure to comply with conditions of probation and failure to remain non-violent with authority figures." Further, the trial court stated on the record that "it is in the best interest of the child and the community that the child be committed to the Texas Youth Commission."

Standard of Review

A juvenile court possesses broad discretion to determine a suitable disposition for a child who has been adjudicated as having engaged in delinquent conduct. In re K.J.N., 103 S.W.3d 465, 465-66 (Tex. App.--San Antonio 2003, no pet.). We review an order committing a juvenile to TYC under an abuse of discretion standard. In re K.T., 107 S.W.3d 65, 74-75 (Tex. App.--San Antonio 2003, no pet.); In re K.J.N., 103 S.W.3d at 465-66; In re T.K.E., 5 S.W.3d 782, 784 (Tex. App.--San Antonio 1999, no pet.). A court abuses its discretion when it acts in an unreasonable or arbitrary manner, or without reference to any guiding rules or principles. In re T.K.E., 5 S.W.3d at 784.

 
Discussion

In her sole issue, J.J.G. contends the trial court abused its discretion in committing her to

TYC because the record indicates that probation would have been more appropriate.

The trial court can commit a child to TYC without a determinate sentence if the court finds that there is a need for disposition and that the child engaged in delinquent conduct that violates a penal law of the grade of felony. See Tex. Fam. Code Ann. 54.04(d)(2) (Vernon 2005). When committing a child to TYC, the court must also find that it is in the child's best interests to be placed outside the child's home, that reasonable efforts were made to prevent or eliminate the need for the child's removal from the home, and that the child, in her home, cannot be provided the quality of care and level of support and supervision that she needs to meet the conditions of probation. Id. 54.04(i)(1).

During the commitment hearing, several items of evidence were stipulated to by the parties. Additionally, J.J.G.'s probation officer testified that J.J.G., a fourteen-year-old girl, associates with gangs and has been on probation since 2005. J.J.G. was initially given deferred prosecution for evading arrest and resisting arrest. She was subsequently arrested for criminal trespass and was placed on probation. However, she violated the conditions of her probation and was again placed on probation. She was then charged with assaulting her mother and was again placed on probation. At that time she was placed on electronic monitoring and intensive supervised probation ("ISP"). Motions on her violations were filed but withdrawn to give her another chance in the home setting. However, J.J.G. began having problems again. She ran away and withdrew from school. At the same time, CPS became involved with the family because J.J.G.'s mother and older sister were doing drugs with her. CPS tried to remove J.J.G. from the home, but because she did not want to go where CPS wanted her to go, she was instead picked up for violating her probation. When she was detained, J.J.G. tested positive for marijuana and cocaine. Also, while in detention, J.J.G. had "terrible behavior," which included forty-seven behavioral referrals. According to the probation officer, if J.J.G. goes to placement "she'll be right back in here within a short period of time because she won't do what they want her to do."

Based on this testimony from J.J.G.'s probation officer, the State recommended to the court that J.J.G. be committed to TYC. In response, J.J.G. called her mother to testify and then testified on her own behalf.

J.J.G.'s mother testified that she has had a drug problem since 2005 and that she is currently enrolled in an out-patient rehabilitation program. She testified, "I feel [J.J.G.] should have a chance because I wasn't there for her, as I turned to drugs and turned my daughter away." J.J.G.'s mother also testified that she is attending parenting and drug classes and feels she and J.J.G. need family counseling. For that reason, she would like her daughter to be placed on probation in the Southton facility so she and J.J.G. can participate in counseling together.

J.J.G. then testified that she has been seeing a psychiatrist who has placed her on medication. According to J.J.G., the medication calms her down and helps her sleep. Although she has a problem with her temper, the medication has helped her control it. According to J.J.G., she has a lot of anger toward her mother, but she feels she can benefit from being able to talk things out with her mother. She testified that there is a lot of hurt relating to her relationship with her mother. Thus, J.J.G. testified that she would like the court to place her in a structured community placement, such as Southton, so she can participate in counseling with her mother. J.J.G. admitted that she knew it was wrong to kick the officers at the detention hearing. She also admitted that she has been cited for fighting the staff on a couple of occasions, the most recent incident having occurred in the past four days.

At the end of the commitment hearing and based on this testimony, the trial court ordered J.J.G. committed to TYC.

J.J.G. argues on appeal that commitment to TYC was not an appropriate disposition because it is apparent that her violent behavior has been precipitated by her mother's history of drug abuse. Further, she argues that the problems between J.J.G. and her mother can be best addressed through counseling. To aid the counseling process, J.J.G. argues she should have been placed in a facility located near her mother rather than at TYC. In short, J.J.G. contends that placement on probation outside the home rather than at TYC "would encourage the reintegration of this wounded family."

While the record certainly shows that J.J.G. has lived in a home with a drug-addicted mother who has failed to give her the support and attention she needs and that mother-daughter counseling could more than likely be better accomplished by placement on probation rather than TYC, we cannot say, after reviewing the record, that the trial court abused its discretion in ordering J.J.G. committed to TYC. The evidence shows that J.J.G. was placed on probation numerous times so she could be given an opportunity for improving her behavior and for rehabilitation. In each instance, she failed to fulfill the conditions of probation. Even after being placed in detention, her probation officer described her as having "terrible behavior," resulting in forty-seven behavioral referrals. Although she has been placed on medication, she has continued to engage in violent behavior. There is nothing in the record to suggest that J.J.G. will be able to follow the rules of placement if she is placed at Southton. As stated by her probation officer, placement at a facility such as Southton would not be appropriate because "she'll be right back in here within a short period of time because she won't do what they want her to."

Conclusion

A review of the record demonstrates the trial court did not abuse its discretion in ordering J.J.G. committed to TYC. We therefore affirm the trial court's disposition order.

 

Karen Angelini, Justice

 

1. Associate Judge Pat Garza presided over the disposition hearing. The Honorable Laura Parker then approved Judge Garza's recommendations and signed the order of disposition.