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Amber G. v. Superior Court (Orange County Social Services Agency)
Orange County Social Services Agency failed to show that minor's removal from a foster parent was in the child's best interest since it failed to address the statutory caretaker preference.
Juveniles 4DCA/3 Dec. 20, 2022
In re D.N.
Order offering minor ward of the court option to perform community service did not violate separation of powers or due process principles because it fell within probation department's statutory role.
Juveniles CASC Dec. 13, 2022
In re Jhonny S.
Person who had received honorable discharge from Division of Juvenile Justice was entitled as a matter of right to have his petition dismissed.
Juveniles 1DCA/5 Nov. 14, 2022
Modification: In re T.O.
Minor was not required to register as a sex offender because he was placed in the custody of a program that was not subject to mandatory registration.
Juveniles 4DCA/2 Nov. 3, 2022
In re T.O.
Minor was not required to register as a sex offender because he was placed in the custody of a program that was not subject to mandatory registration.
Juveniles 4DCA/2 Oct. 20, 2022
In re M.A.
Statutory prohibition on firearm possession by juveniles adjudged a ward of the juvenile court for certain misdemeanor violations also applied to juvenile who admitted to felony sexual battery.
Juveniles 6DCA Sep. 14, 2022
Modification: In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it.
Juveniles 1DCA/2 Aug. 24, 2022
In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it.
Juveniles 1DCA/2 Aug. 1, 2022
Modification: In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term.
Juveniles 1DCA/1 Jul. 29, 2022
In re N.L.
Because minors charged with felony offenses committed at 14 years or older are no longer ineligible for informal supervision, the appropriate remedy was conditional reversal with instructions.
Juveniles 4DCA/1 Jul. 25, 2022
In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term.
Juveniles 1DCA/1 Jul. 13, 2022
In re M.B.
Welfare departments cannot remedy a defective Indian Child Welfare Act investigation by conducting further interviews while the termination order is being reviewed on appeal.
Juveniles 2DCA/7 Jun. 30, 2022
Therolf v. Superior Court (Madera County Dept. of Social Services/Child Welfare Services)
Juvenile court made multiple prejudicial errors when it denied journalist's request for deceased child's records without following certain procedures.
Juveniles 5DCA Jun. 29, 2022
In re Q.M.
Juvenile court did not err in finding that the Indian Child Welfare Act did not apply where parents failed to cooperate with the investigation.
Juveniles 2DCA/3 Jun. 20, 2022
In re A.B.
Father's right to due process was not abridged when the juvenile court rejected his request for a contested post-permanency review hearing, concluding that the evidence submitted was inadequate.
Juveniles 6DCA Jun. 16, 2022
In re Allison B.
Post-judgment evidence is acceptable and may be reviewed when considering a motion to dismiss a juvenile dependence appeal.
Juveniles 2DCA/1 Jun. 1, 2022
In re Z.O.
In a dependency case, the juvenile court's omission of any findings on a mother's competency violated her due process right to understand the reasons for the guardian ad litem appointment.
Juveniles 4DCA/3 May 26, 2022
In re M.E.
Welfare Department and juvenile court failed in their duty to further investigate children's possible Native ancestry under the Indian Child Welfare Act when reports were bereft of continued inquiry.
Juveniles 3DCA May 26, 2022
In re M.V.
Substantial evidence did not support the finding that there would be a substantial danger to the well-being of the children if returned to their mother's custody, if mother lived and parented separately from father.
Juveniles 4DCA/1 May 18, 2022
A.C. v. Cortez
There is no per se constitutional privacy right in juvenile records, instead, courts must balance the governmental need to infringe with the individual's privacy interest.
Juveniles 9th May 16, 2022
In re A.R.
Juvenile court had authority to hold restitution hearing five years after sentencing hearing under Penal Code Section 730.6, even though the loss amounts were ascertainable during the sentencing hearing.
Juveniles 2DCA/8 May 4, 2022
In re Christopher L.
Proceeding with a jurisdiction and disposition hearing without appointing counsel for child's parent nor for providing for his presence at the hearing was not the "miscarriage of justice" required to reverse the decision as a structural error.
Juveniles CASC Apr. 26, 2022
Modification: In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor.
Juveniles 2DCA/6 Apr. 21, 2022
In re I.F.
Under the Indian Child Welfare Act, the duty to further inquire is established once there is a suggestion of possible tribal membership.
Juveniles 6DCA Apr. 8, 2022
In re A.R.
Social Service Agency's failure to conduct an initial inquiry into child's Native American heritage in child custody proceeding constitutes a miscarriage of justice regardless of parent's efforts to appeal.
Juveniles 4DCA/3 Apr. 8, 2022
In re A.J.
Juvenile courts are not to hold separate jurisdictional or dispositional hearings for the mother and father.
Juveniles 3DCA Apr. 6, 2022
In re J.C.
Substantial evidence did not support juvenile court's finding that Indian Child Welfare Act did not apply because it failed to ensure that the Department of Children and Family Services fulfilled its duty of inquiry.
Juveniles 2DCA/7 Apr. 6, 2022
Modification: In re J.Y.
The juvenile court abused its discretion by setting a hearing to place minor with relatives after the reunification period ended because there was no evidence that removal was necessary or in the child's best interest.
Juveniles 2DCA/8 Apr. 1, 2022
In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor.
Juveniles 2DCA/6 Mar. 30, 2022
Modification: In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families.
Juveniles 2DCA/7 Mar. 30, 2022