in the Matter of K.M.P.

MEMORANDUM OPINION No. 04-07-00694-CV IN THE MATTER OF K.M.P. From the 289th Judicial District Court, Bexar County, Texas Trial Court No. 2005-JUV-00866 Honorable Carmen Kelsey, Judge Presiding Opinion by: Catherine Stone, Justice Sitting: Catherine Stone, Justice Karen Angelini, Justice Steven C. Hilbig, Justice Delivered and Filed: May 7, 2008 AFFIRMED K.M.P. appeals the juvenile court's order modifying a prior disposition and committing her to the Texas Youth Commission (TYC). In her sole issue, K.M.P. argues the juvenile court abused its discretion by committing her to the TYC instead of continuing her probation. We affirm the juvenile court's judgment.Factual and Procedural Background On April 26, 2005, K.M.P. pled true to burglary of a building with intent to commit theft, and the juvenile court assessed 12 months of juvenile probation, in the custody of her mother. Since her initial disposition, the juvenile court has extended or modified the conditions of K.M.P.'s probation on three prior occasions because of violations of the conditions of her probation. At each of the three prior modification hearings, K.M.P. pled true to the alleged violations. The first modification extended the period of K.M.P.'s probation with additional conditions because K.M.P. failed to report to the probation officer, left her home without permission, and violated curfew requirements. The second modification changed the conditions of K.M.P.'s probation because she used illegal drugs, possessed drug paraphernalia, consumed alcohol, associated with gang members and a person on probation or parole, failed to attend school, violated school rules, and failed to cooperate with the ISP (intensive supervision probation) and ELM (electronic monitoring) programs. The third modification extended K.M.P.'s probation by eighteen months and placed K.M.P. in the custody of the Chief Juvenile Probation Officer for placement outside of her home because K.M.P. failed to attend school and follow school rules, and failed to cooperate with the ISP and ELM programs. At the hearing on the State's fourth motion to modify, which is the subject of this appeal, K.M.P. pled true to the allegations that she used illegal drugs, possessed drug paraphernalia, consumed alcohol, and failed to attend school for 34 school days within the months of January, February, and March of 2007. Consequently, the juvenile court modified K.M.P.'s order of disposition and committed her to TYC. Discussion Juvenile courts have broad discretion in determining a suitable disposition for a child adjudicated of engaging in delinquent conduct. In re K.J.N., 103 S.W.3d 465, 465-66 (Tex. App.-- San Antonio 2003, no pet.). Absent an abuse of discretion, a reviewing court will not disturb the juvenile court's determination. In re J.P., 136 S.W.3d 629, 633 (Tex. 2004); In re K.J.N., 103 S.W.3d at 465-66. A juvenile court commits an abuse of discretion only if it acts arbitrarily, unreasonably, or without reference to guiding rules and principles. In re K.J.N., 103 S.W.3d at 466. If a juvenile is adjudicated for commission of a felony, the juvenile court may modify the original sentence to commit the juvenile to the TYC if the court finds by a preponderance of the evidence that the juvenile has violated a reasonable and lawful order of the court. Tex. Fam. Code Ann. § 54.05(f) (Vernon Supp. 2007). K.M.P. was adjudicated for commission of a felony on April 26, 2005. Although the juvenile court extended and modified K.M.P.'s probation on three prior occasions, the juvenile court decided to commit K.M.P. to TYC in response to the fourth motion to modify based on the required statutory findings that: (1) it is in the juvenile's best interest to place her outside the home; (2) the court has made reasonable efforts to prevent or eliminate the need for the juvenile's removal; and (3) the juvenile's home cannot provide the quality of care, and level of support and supervision necessary for the juvenile to meet the requirements of her probation. See Tex. Fam. Code Ann. § 54.05(m) (Vernon Supp. 2007). K.M.P. argues that she should have been given another chance on probation because: (1) she is on track to graduate from high school; (2) she wants to join the United States Marine Corps; and (3) she has recently undergone profound changes in her attitude. At the hearing on her fourth motion to modify, however, K.M.P. pled true and stipulated to the allegations that she used illegal drugs, possessed drug paraphernalia, consumed alcohol, and failed to attend school. A plea of "true" to a violation of a probation order and a stipulation to the evidence are analogous to a judicial confession which justifies the juvenile court's finding that the violation was committed by a preponderance of the evidence. See In re M.A.L., 995 S.W.2d 322, 324 (Tex. App.--Waco 1999, no pet.). Because the evidence was sufficient to support the juvenile court's finding that K.M.P. violated a reasonable and lawful order of the court, the juvenile court was authorized to modify its previous disposition order and commit K.M.P. to TYC. Tex. Fam. Code Ann. § 54.05(f) (Vernon Supp. 2007). Given the numerous opportunities K.M.P. has been given and the nature of the violation being considered by the juvenile court, the juvenile court did not abuse its discretion in committing K.M.P. to TYC. We overrule K.M.P.'s sole issue on appeal and affirm the juvenile court's judgment. Catherine Stone, Justice