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In re T.L.K.

According to �53.04 of the family code, a petition to adjudicate delinquency "must state[,] . . . with reasonable particularity[,] the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts." The state's petition, which fails to set forth with reasonable particularity the "place" where appellant's alleged delinquent conduct occurred, does not satisfy mandatory statutory requirements and is fatally defective. Consequently, the juvenile court lacked jurisdiction. Fort Worth Court of Appeals, No. 2-09-260-CV, 06-14-2010

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OPINION

This is a juvenile case in which the State alleged that Appellant T.L.K., a fifteen-year-old minor, engaged in three counts of delinquent conduct. An adjudication hearing was held before a jury and T.L.K. was adjudged delinquent on two counts. T.L.K. appeals, arguing (1) insufficient evidence to support a finding of delinquency and (2) lack of jurisdiction. Because we find the juvenile court lacked jurisdiction, we vacate its judgment and dismiss the case.

In his second issue, T.L.K. attacks the jurisdiction of the juvenile court, claiming that the State’s petition is fatally defective for failure to state the “place” where his alleged delinquent conduct occurred. According to section 53.04 of the family code, a petition to adjudicate delinquency “must state[,] . . . with reasonable particularity[,] the time, place, and manner of the acts alleged and the penal law or standard of conduct allegedly violated by the acts.” Tex. Fam. Code. Ann. § 53.04(d)(1) (Vernon 2008).

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