CHILDREN AND THE LAW
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Delinquency Matters
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Disposition
.........Dual Status
16 Cards On This Topic:
When M comes within both W&IC 300 and W&IC 601 or 602, child welfare services and probation dept. shall initially determine which status will serve the best interests of M and the protection of society.
While protocol developed by probation dept. and child welf. dept. to determine status of minor under W&IC §241.1 had legal shortcomings, any error was harmless where juv. ct. was presented with exhaustive information regarding minor.
Wardship reversed where W&IC §241.1 report was not timely, did not contain required statements from minor's counsel and court appointed special advocate, and court did not provide statement of reasons.
Failure to notice M's dependency attorney before joint assessment hearing under W&IC §241.1 not harmless error where there was reasonable doubt as to the outcome of M's status determination had attorney participated.
Juvenile ct. reasonably concluded M would benefit from dual jurisdiction status where she was receiving dependency services but engaged in physical altercations, vandalism and self-harming behavior.
Collateral consequences of M being adjudicated a ward of court, a dual status child, and being detained in juvenile hall did not warrant reversal where M engaged in wrongful conduct and posed risk to herself and others.
M may not challenge timeliness of the W&IC 241.1 assessment on appeal where she forfeited it below; here, continued jurisdiction by both dependency and delinquency courts appropriate until a 241.1 determination made.
If discussion of statutorily required elements was inadequate in W&IC 241.1 report, any error harmless where most of the evidence M claimed was lacking in the assessment was before the court from other sources.
W&IC 241.1 determination was amply supported by the record, and declaring M a W&IC 602 ward was not an abuse of discretion in light of court's justifiable concern for her safety and failure of all previous dependency placements.
Abuse of discretion to find M a §602 ward of court without obtaining and considering joint report per W&IC §241.1 and determining whether the status of ward or dependent would best serve M's interests.
No merit to parents' petition for writ concerning probation department's participation in preparing W&IC 241.1 report re recommending dependency or wardship for adopted daughter who killed their dogs.
Juvenile ct. did not err when, in ordering W&IC 241.1 report, it declined to require PO to consider filing new W&IC 601 wardship petition against C.
A minor does not have a due process right to a full evidentiary hearing on a W&IC 241.1 dependent child or delinquent ward determination.
Determination of M's status as dependent or delinquent must be made by court before placement can be made.
Welf. & Inst. Code §206 requires children coming under Welf. & Inst. Code §300 be segregated from those coming under Welf. & Inst. Code §602; dual status.
Juvenile court facing issue of dual jurisdiction must determine, after proper assessment procedure, whether M should be treated as dependent or delinquent.