In re Y.H. CA5

DISCUSSION

Y.H. contends the probation condition requiring him to submit to “chemical testing” to detect the use of both drugs and alcohol is statutorily prohibited and unconstitutionally overbroad. The People respond that Y.H.’s claims are forfeited for failure to object on the specific grounds now challenged. Reaching the merits, the People maintain the juvenile court properly exercised its discretion when it ordered Y.H. to submit to chemical testing for drugs and alcohol because he is subject to section 730 and the condition was reasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent). We agree with the People. A. Additional Background At the dispositional hearing, Y.H.’s counsel objected to the probation condition regarding chemical testing for substance abuse because Y.H.’s conduct and history did

The facts of the underlying offense are taken from the probation report. Y.H. admitted the underlying offense.

3. not include the consumption of drugs or alcohol. The court ruled that the alcohol and drug testing condition was appropriate. It stated, “[w]hether or not [Y.H.] has [a] history of ingesting … alcohol there [is] nothing wrong with the [c]ourt including a…