the teen accused of lighting a fire in the bosque will be back in court tomorrow ... and he could be released from state custody. that’s something c-y-f-d does not want to see happen. heather mills is live in the newsroom to tell us why. cyfd says releasing 14- year-old jose diaz would be a mistake.. and wouldn't be in the best interest of diaz.. or the community. tomorrow diaz will be back in court. at that time he'll learn if he'll be released into the community custody program.. that's basically house arrest .. or if he'll remain in a juvenile lock-up facility until he's adjudicated. that process could take about a month. enrique knell with cyfd says though the community custody program is tough.. it's not right for diaz because of the seriousness the crime he's accused of. police say he admitted to intentionally setting brush on fire in the bosque near tingley beach. "it's very serious. anytime you walk into a wooded area and set a fire, particularly at this point in time where we have such a high fire danger in the state, it's a very serious crime." knell also says they have concerns about the boy's support system at home. in juvenile lockup he's exposed to counseling and life skills. if diaz is sent to one of cyfd's long-term facilities after his court date.. knell tells me he could face one to two years there. meanwhile.. the city says they will ask the judge tomorrow to include restitution as part of his sentence.