X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:E.G. was adjudicated for truancy, a status offense, and on October 28, 2004, he was given nine months’ probation in his home under the supervision of his mother. According to a report by E.G.’s probation officer that was introduced into evidence before the trial court, E.G.’s mother complained in March 2005 that E.G. had frequently violated the curfew set out in his probation order, E.G. did not timely enroll in a GED program as required by his probation, and on March 16, 2005, E.G. tested positive for marijuana in violation of Rule No. 3 of the probation order, which prohibited the use of “alcohol, inhalants, or illegal drugs.” The district attorney filed a motion to modify E.G.’s original disposition order, and the trial court held a hearing on the motion on April 7. During the adjudication phase of the hearing, E.G. pleaded true to violating Rule No. 3. During the disposition phase, the court heard from E.G. and E.G.’s mother, who also submitted a letter to the court “beg[ging]” the court to send her son to boot camp. The trial court considered reports by E.G.’s probation officer and Dr. Michael Scott McNeil, who conducted a psychological evaluation of E.G. shortly before the hearing. The probation officer recommended in-home probation with intensive therapy, but McNeil recommended that E.G. be placed in a “ controlled therapeutic environment where he can receive behavioral, substance abuse, and related therapies.” The court extended E.G.’s probation until Dec. 7, 2005, and placed him in secure confinement at the Hays County Boot Camp for the duration of his probation period. E.G. appeals, arguing that the court abused its discretion in placing him in secure confinement because it did not satisfy the requirements of Texas Family Code �54.04(n). HOLDING:Affirmed. The Texas Supreme Court has held that Texas Family Code �54.04 findings are only required when making an initial disposition, not in a modification proceeding. In Re: J.P., 136 S.W.3d 629 (Tex. 2004). Although J.P. concerned �54.04(i), not subsection (n), the opinion’s broad language seems to encompass all subsections of 54.04, the court states. The court concludes that the modification of an existing juvenile disposition order is governed by �54.05, not �54.04, unless a provision of �54.05 specifically states otherwise. Therefore, the findings required in an original disposition under �54.04(n) are not required in a modification under �54.05. It would seem to make most sense to interpret �54.04(n) as applying to a child who violated a court order entered pursuant to chapter 264. However, �51.02′s definition of “valid court order” refers only to orders entered under �54.04 and ignores orders entered pursuant to Chapter 264, which is referenced by �51.03′s definition of conduct indicating a need for supervision. Thus, �54.04(n) must be read to apply only to the disposition of a status offender adjudicated for violating a pre-existing court order issued under �54.04. Section 54.04, titled “Disposition Hearing,” has been held by the supreme court to apply to initial disposition orders, not modifications. The trial court followed the requirements for modifying disposition orders set out in �54.05 as it read at the time and had sufficient evidence before it to support its determination. OPINION:Puryear, J.; Law, C.J., Patterson and Puryear, J.J.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.