Appealing a Juvenile Court Disposition In Texas
A trial court may not make a disposition placing a juvenile outside of his home unless the court finds that the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation. TEX. FAM. CODE ANN. 54.04(c) (Vernon's Supp. 2000). to commit a child to the TYC, the court must additionally find that placement outside of the child's home is in the child's best interest, and reasonable efforts were made to prevent or eliminate the need for the child's removal from the home. Id. at 54.04(i).
In a juvenile case, the trial court possesses broad discretion to determine a suitable disposition for a child who has been adjudicated to have engaged in delinquent conduct. In the Matter of J.R., 907 S.W.2d 107, 110 (Tex. App.--Austin 1995, no writ).
Absent an abuse of discretion, we will not disturb the juvenile court's findings. In the Matter of C.C., 930 S.W.2d 929, 933 (Tex. App.--Austin 1996, no writ).
The court's findings of fact are reviewable for legal and factual sufficiency of the evidence to support them by the same standards we use to review the evidence to support the jury's answers to the charge. In the Matter of G.F.O., 874 S.W.2d 729, 732 (Tex. App.--Houston [1st Dist.] 1994, no writ).
The court of appeals must consider and weigh all the evidence and should set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).