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In the Matter of A.I.

Texas Family Code '54.04, governing when a child adjudicated for a misdemeanor offense may be committed to TYC in an initial disposition, is clear in its requirement that the child have already been adjudicated twice.

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As amended December 19, 2002

Appellant A.I. appeals from the juvenile court’s order committing him to the custody of the Texas Youth Commission (“TYC”). We will reverse and remand.

In May 2000, A.I. was adjudicated to have engaged in delinquent conduct for committing misdemeanor criminal trespass. See Tex. Pen. Code Ann. § 30.05 (West Supp. 2002). He was placed on probation in his mother’s care. One month later, he was again found to have engaged in delinquent conduct by committing the misdemeanor offense of resisting arrest. See id. § 38.03 (West 1994). He was then placed on probation at Phoenix Academy, an inpatient drug treatment program. As a condition of his disposition, he was forbidden from using alcohol or drugs and was required to submit to urinalysis.

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