in the Matter of L.F.R.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00454-CV
IN THE MATTER OF L.F.R.
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FROM THE 323RD DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant entered a plea of true to delinquent conduct—aggravated
robbery; the trial court adjudicated him delinquent.2 After a disposition hearing,
the trial court ordered Appellant committed to the Texas Juvenile Justice
Department (TJJD) for an indeterminate sentence. In a single issue, Appellant
argues that the evidence is legally and factually insufficient to support the trial
court’s findings under Texas Family Code section 54.04(i)(1), subsections (A),
1
See Tex. R. App. P. 47.4.
2
Appellant does not appeal from the adjudication order.
(B), and (C). Subsection (B) requires the trial court to find, before committing a
juvenile to TJJD, that reasonable efforts were made to prevent or eliminate the
need for the juvenile’s removal from the home and to make it possible for the
juvenile to return to the juvenile’s home. Tex. Fam. Code Ann. § 54.04(i)(1)(B)
(West Supp. 2012). Although the trial court included the required statutory
findings in its disposition order, the State concedes––and we agree––that there
is no evidence in the record supporting a section 54.04(i)(1)(B) finding that
reasonable efforts were made to prevent or eliminate the need for the juvenile’s
removal from the home and to make it possible for the juvenile to return to the
juvenile’s home. See In re A.D., 287 S.W.3d 356, 367 (Tex. App.—Texarkana
2009, pet. denied) (holding that evidence did not support trial court’s findings
under section 54.04(i) and remanding for a new disposition hearing); In re J.S.,
993 S.W.2d 370, 374–75 (Tex. App.—San Antonio 1999, no pet.) (same); In re
K.L.C., 972 S.W.2d 203, 206–07 (Tex. App.—Beaumont 1998, no pet.) (same);
In re A.S., 954 S.W.2d 855, 862–63 (Tex. App.—El Paso 1997, no pet.) (same).
We sustain Appellant’s sole issue, reverse the trial court’s disposition order, and
remand the case to the trial court for a new disposition hearing. See Tex. Fam.
Code Ann. § 56.01(i) (providing that appellate court may remand an order that it
reverses for further proceedings by the trial court).
SUE WALKER
JUSTICE
PANEL: WALKER, MCCOY, and MEIER, JJ.
2
DELIVERED: May 2, 2013
3