In Re John F.

The 13-year-old appellant was committed to the Kern Youth Facility following a finding by the juvenile court that he was a minor described by Welfare and Institutions Code section 602. The finding was based upon a sustained allegation of rape in concert. (Pen. Code, § 264.1.)

The issues raised on appeal deal with findings by the trial court at the minor’s dispositional hearing which led to appellant’s removal from his home. It is our determination that the lower court abused its discretion by failing to consider the factors embodied in Welfare and Institutions Code section 725.5 in determining an appropriate dispositional order. We reverse the order and remand for a new dispositional hearing.

The record supports a finding that appellant aided and abetted four other minor males in the rape of a 15-year-old girl. The youths were all somewhat acquainted and on a particular afternoon the victim, Clara W., accompanied appellant and three other males to the basement of one of their homes. There the group was joined by Wesley B., the brother of one of the juveniles, who sexually assaulted the victim while the others held her down. Wesley’s brother prevented Clara from…