Can a Juvenile be Sent to TYC on First Offense?

In other words, can a kid be sent away the first time a judge finds he did something wrong? In The Matter of J.A., No. 04-09-00556-CV, the juvenile, J.A. asked that very question to a Texas Appeals Court.


History of the Case
On April 4, 2009, C.G. and a friend were walking outside when they saw J.A. and three others. Because of J.A.’s bad reputation, the two kids decided to walk down a drainage ditch to avoid any confrontation. Unfortunately, J.A. and his three friends beat up C.G. and his friend.  J.A. took shoes from C.G.’s feet and backpack. While J.A. and his friends were kicking and punching C.G., they yelled profanities and identified themselves as gang members.

J.A. had a history of inappropriate behavior. J.A. admitted to smoking marijuana once a month. In the two preceding years he had accumulated 39 school disciplinary referrals which resulted in his expulsion from the school district and being sent to the Bexar County Juvenile Justice Academy. J.A.’s mother and step-father reported that they have had issues with J.A.’s behavior in the past.


Court Proceeding
A youth adjudication hearing is a proceeding in which a Judge will determine if a delinquent act was committed by the youth or if the youth is in need of supervision.

At J.A.’s adjudication hearing, the State and the probation officer recommended commitment to TYC, Texas Youth Commission. However, seven out of ten individuals on the juvenile probation department’s staffing committee recommended probation with participation in GANG ISP and the KAPS program. J.A.’s attorney argued that J.A. was diagnosed with depression disorder and qualified for special education but J.A. had never received any prior resources.

J.A. contended that he should be placed on probation because he had no prior adjudications and described "many of [the thirty-nine school disciplinary] infractions to be rather minor." No. 04-09-00556-CV, In re J.A.

On March 10, 2010, the appellate court affirmed the district court’s decision to send J.A. to TYC. The court stated, “In order for a juvenile to be committed to TYC, the juvenile court must find that:
(1) placement outside the home is in the juvenile's best interests;
(2) reasonable efforts were made to prevent or eliminate the need for removal from the home; and
(3) the juvenile, in the juvenile's home, cannot be provided the quality of care and level of support and supervision the juvenile needs to meet the conditions of probation. Tex. Fam. Code Ann. § 54.04(i)(1) (Vernon Supp. 2009).” Id.

The court reasoned that the trial court did not have to exhaust all possible alternatives before sending a juvenile to TYC.

Conclusion
So encourage kids to stay out trouble. Do not count on getting a "freebie" before real consequences are applied. Confinement in a TYC facility could be theirs even on the first offense.