in the Matter of M.C.H., a Juvenile
11-14-00330-CV
Tex. App.Jul 28, 2016Background
- Juvenile M.C.H. committed two instances of indecency with a child by sexual contact; initially placed on probation in Jan. 2012 and sex-offender registration was deferred.
- In Dec. 2012 the court modified disposition after probation violations, committed M.C.H. to the Texas Juvenile Justice Department (TJJD), and deferred registration until successful completion of sex-offender treatment.
- M.C.H. aged out of TJJD and was discharged on July 31, 2014 without completing the treatment program (completed 2 of 4 steps); treatment provider assessed a moderate risk to reoffend.
- The State moved to require public registration after unsuccessful completion; the trial court held a hearing, found M.C.H. failed to complete treatment, and ordered public registration, finding public protection increased and harms to M.C.H. and family did not clearly outweigh that benefit.
- M.C.H. appealed, arguing the evidence did not support the Article 62.352 findings required to deny an exemption from registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by ordering public sex-offender registration under Art. 62.352 | M.C.H.: registration not required because he posed only moderate risk, showed remorse, and registration would cause substantial harm (job loss, assault, mental-health effects) outweighing public-protection benefit | State: M.C.H. failed to meet burden for exemption because he did not complete treatment; testimony about harms was speculative and insufficient to outweigh public-protection need | Court affirmed: no abuse of discretion — sufficient evidence that registration increased public protection and M.C.H. did not prove harms clearly outweighed that benefit |
Key Cases Cited
- In re T.E.G., 222 S.W.3d 677 (Tex. App.—Eastland 2007) (standard for juvenile court disposition review)
- In re C.J.H., 79 S.W.3d 698 (Tex. App.—Fort Worth 2002) (civil sufficiency standards in juvenile dispositions)
- In re L.L., Jr., 408 S.W.3d 383 (Tex. App.—El Paso 2011) (trial-court discretion review framework)
- In re M.A.C., 999 S.W.2d 442 (Tex. App.—El Paso 1999) (review on whether court had sufficient information to exercise discretion)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review principles)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (factual-sufficiency standard)
- In re J.D.G., 141 S.W.3d 319 (Tex. App.—Corpus Christi 2004) (upholding registration where juvenile failed to complete treatment and violated probation)