By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Removal from home required findings of
Section 54.04 do not apply to modifications (00-3-18).
On July 12, 2000, the San Antonio Court of Appeals held that the required
removal from home findings in Section 54.04 apply only to disposition decisions,
not to modification of disposition decisions.
00-3-18. In the Matter of M.T., UNPUBLISHED, No. 04-99-00605-CV, 2000 WL 962803,
2000 Tex.App.Lexis ___ (Tex.App.--San Antonio 7/12/00) [Texas Juvenile Law ...
(4th Ed. 1996)].
Facts: 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.
Held: Affirmed.
Opinion Text: 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.