In re R.K. CA2/5

FACTS AND PROCEDURAL BACKGROUND

In 2012, appellant lived with his parents and younger brother, H.K., who was 14 years old. On the morning of August 3, 2012, appellant argued with his mother, who had disposed of his marijuana. Appellant wanted $50 so he could buy more, but his mother refused. When the argument began to escalate, H.K. intervened by stepping between them. H.K. told appellant to stop yelling at their mother, which prompted H.K. and appellant to yell at each other for several minutes. Appellant then pushed H.K., and H.K. pushed him back. Appellant put H.K. into a headlock and struck him in the shoulder. H.K. pushed appellant away, ran outside with his mother, and called the police. On August 6, 2012, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant had committed battery in violation of Penal Code section 242. The juvenile court sustained the petition at an adjudication hearing held on October 9, 2012.

2 The probation officer’s report noted that appellant takes medication for his bipolar disorder. Approximately four years earlier, appellant met new friends at school, became disrespectful to his parents, began using…