In the Matter of M.A.S., a Juvenile, 2014 Tex. App. LEXIS 6899

M.A.S., a juvenile, was adjudicated for injury to a child, a state jail felony, on December 1, 2011.
In July 2012 she was placed on intensive supervised probation, which the court later modified in October 2012.
In December 2012 she was placed on out-of-home placement at New Life Treatment Center (RTC).
In February 2013 the State filed a motion to modify disposition alleging violation of probation after an unsuccessful RTC discharge.
At the modification-disposition hearing, probation testified that M.A.S. had a history of violence and failing to benefit from RTC, including 41 days there and numerous discipline incidents.
The court found the need for rehabilitation, that placement outside the home was in her best interests, and that the Department exhausted options, ultimately committing M.A.S. to the TJJD.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the TJJD commitment was an abuse of discretion	M.A.S. argues court arbitrarily substituted TJJD without proper justification.	State contends testimony and records show rehabilitation needs and exhausted options	No abuse of discretion; evidence supports TJJD commitment
Whether a trial court must exhaust every community option before TJJD commitment	Parada's failure to pursue some home-placement options shows defect.	Court is not required to exhaust all alternatives before TJJD commitment.	Not required to exhaust all options; committed after considering records and needs

In re J.P., 136 S.W.3d 629 (Tex. 2004) (abuse-of-discretion review for TJJD disposition)
In re J.R.C., 236 S.W.3d 870 (Tex. App. – Texarkana 2007) (EEOC-type review of disposition decisions (no petition for review))
In re D.R., 193 S.W.3d 924 (Tex. App. – Dallas 2006) (abuse-of-discretion standard in juvenile dispositions)
In re D.R.A., 47 S.W.3d 813 (Tex. App. – Fort Worth 2001) (consideration of procedures and evidence in disposition decisions)