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In re Nicole S.
Trial court did not err in ruling that attorney fees pursuant to Code of Civil Procedure Section 1021.5 are not recoverable in a dependency proceeding.
Juveniles 1DCA/4 Aug. 28, 2019
In re L.C.
When determining legal guardianship in juvenile court, physical harm of a minor is not presumed from a parent or guardian's substance abuse.
Juveniles 2DCA/1 Aug. 14, 2019
In re A.M.
Department of Juveniles Facilities official's testimony provided substantive evidence to support juvenile court's finding of a probable benefit to minor from a Department of Juveniles Facilities commitment.
Juveniles 1DCA/5 Aug. 8, 2019
P. v. Superior Court (I.R.)
Murder charge against real party in interest allegedly committed when he was 15-years-old cannot be transferred to criminal court based on separate felony offense he committed when he was 17.
Juveniles 5DCA Aug. 7, 2019
In re C.M.
Family Code Section 3044, which creates a presumption that joint legal custody is not in the child's best interest if domestic violence is present, does not apply to dependency hearings.
Juveniles 2DCA/5 Aug. 2, 2019
In re J.P.
When a bond exists between a nonparent and a child, the court may provide visitation rights for the nonparent so long as it is in the child's best interest.
Juveniles 6DCA Jul. 29, 2019
In re A.M.
Under Section 213.5 of the Welfare and Institutions Code, a juvenile court may issue a restraining order against a father if doing so is in daughter's best interest.
Juveniles 2DCA/2 Jul. 22, 2019
In re Harley C.
Government Code Section 68070 permits application of local rules when they are not inconsistent with the law or with the rules adopted and prescribed by Judicial Council.
Juveniles 2DCA/7 Jul. 18, 2019
In re J.S.
Juvenile forfeited constitutional objections to probation conditions that permitted searches of his electronic devices by not raising claims in trial court and claims were not facial overbreadth challenges warranting review.
Juveniles 4DCA/1 Jul. 15, 2019
M.L. v. Superior Court
Even though Section 388 of the Welfare and Institutions Code is not the most appropriate means to modify a disposition order, it was nevertheless upheld to prevent injustice.
Juveniles 1DCA/1 Jul. 11, 2019
U.S. v. Briones
District court's resentencing analysis under 'Miller v. Alabama' overly focused on defendant's past juvenile criminal conduct, rather than defendant's improvement efforts while incarcerated for life without the possibility of parole.
Juveniles 9th Jul. 10, 2019
In re A.C.
Juvenile's statements to counselor that he would stab two individuals if they bullied him did not violate probation condition requiring he 'not unlawfully threaten any person' because he never named those individuals.
Juveniles 2DCA/6 Jul. 10, 2019
People v. Superior Court (K.L.)
The intent of Proposition 57 was to reduce the number of youths prosecuted as adults, and Senate Bill 1391 was not unconstitutional since it furthered, rather than contravened, that purpose.
Juveniles 3DCA Jun. 20, 2019
In re J.M.
Juveniles who are not charged as adults are not statutorily eligible for the mental health program under Penal Code Sections 1001.35 and 1001.36.
Juveniles 1DCA/3 Jun. 5, 2019
In re R.G.
Penal Code Section 1170.95 applies to juvenile defendant whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to Senate Bill 1437's enactment.
Juveniles 2DCA/6 May 14, 2019
Modification: In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system.
Juveniles 2DCA/6 Apr. 5, 2019
In re J.G.
A juvenile court may impose reasonable conditions on probation orders so long as they are tailored to specifically meet the needs of the juvenile.
Juveniles 2DCA/6 Apr. 5, 2019
In re J.C.
While probation officer has supervision and control over minors, juvenile court retains ultimate authority to determine whether and when minors successfully complete programs; thus, disposition order did not delegate authority to probation officer.
Juveniles 1DCA/5 Apr. 1, 2019
People v. Hargis
Proposition 57 applies to all juveniles whose cases were filed directly in adult court and whose convictions were not final at the time of enactment.
Juveniles 5DCA Mar. 22, 2019
In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system.
Juveniles 2DCA/6 Mar. 13, 2019
In re L.W.
Though substance abuse, alone, not sufficient for dependency jurisdiction, where mother's substance abuse is coupled with instances of reckless conduct such as driving under the influence, dependency jurisdiction not improper.
Juveniles 2DCA/8 Mar. 4, 2019
Modification: In re Cody R.
Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances.
Juveniles 4DCA/1 Jan. 8, 2019
In re J.Y.
Parent does not have standing to raise placement issues on appeal where the parent's reunification services have been terminated; thus, orders of juvenile court affirmed.
Juveniles 3DCA Dec. 28, 2018
In re B.M.
Because a finding that a 'butter knife' is a deadly weapon requires a defendant to use it in a manner that is both capable of causing and is likely to cause great bodily injury, judgment was reversed.
Juveniles CASC Dec. 28, 2018
In re A.A.
Probation condition preventing juvenile ward from posting flaunting social media content about his battery offense and subsequent court proceedings is permissible.
Juveniles 2DCA/6 Dec. 24, 2018
In re Cody R.
Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances.
Juveniles 4DCA/1 Dec. 19, 2018
In re Israel T.
Juvenile court erred in determining a jurisdictional finding under Welfare and Institutions Code 300 without a showing of substantial or serious risk of harm to the children.
Juveniles 2DCA/4 Dec. 17, 2018
In re E.R.
Juvenile courts and social services agencies have an affirmative duty to inquire at the outset of the proceedings whether a child subject to the proceeding may be an Indian child.
Juveniles 2DCA/6 Oct. 11, 2018
In re L.O.
Accessing social media sites is a fundamental principle of the First Amendment, as all persons 'must have access to places where they can speak and listen.'
Juveniles 1DCA/4 Sep. 28, 2018
In re K.L.
ICWA procedures not triggered where a minor child, whose biological father was Native American, was placed with his presumed father, because said placement was not 'foster care' within statute's meaning.
Juveniles 3DCA Sep. 20, 2018