In Re Lawrence B.

*673 Opinion

Appellant was duly charged, by a petition in the juvenile court, with being a person described in section 602 of the Welfare and Institutions Code, by reason of having committed two acts of rape, in violatidn of subdivision 2 of section 261 of the Penal Code, and with having committed an act of kidnaping in violation of section 207 of the Penal Code. After a hearing under section 725 of the Welfare and Institutions Code, the allegations of the petition were found to be true. 1 At the disposition hearing, held under section 726 of that code, the court committed appellant to the Youth Authority. The pertinent part of the order of commitment reads as follows:

“The Court finds that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefitted by the reformatoiy educational discipline or other treatment provided by the Youth Authority. The Court finds that the minor comes under the provisions of Sec. 726, a & c W/C Code.”

We hold that an order, couched only in such conclusionary terms, does not support a commitment to the Youth Authority.

While a juvenile court judge has discretion concerning the…

The majority holds that the juvenile court’s order committing the minor to the Youth Authority was invalid for a lack of express findings to support the order of commitment. The court’s findings were as follows: “The Court Finds: [If] Welfare of minor requires that custody be taken from parents or guardians. [1] The Court finds that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefitted by the reformatory educational discipline or other treatment provided by the Youth Authority. The Court finds that the minor comes under the provisions of Sec. 726 a & c WIC Code.”

The majority concludes that the above findings are couched only in conclusionary terms and do not support an order of commitment to the Youth Authority.

There is no disagreement over the provisions of Welfare and Institutions Code section 726, the governing statute that sets forth the conditions under which a ward of the juvenile court may be removed from the physical custody of his parents. Section 726 provides, in relevant part, that “no ward or dependent child shall be taken from the physical custody of a parent or guardian unless upon the…

KINGSLEY, Acting P.J.

Appellant was duly charged, by a petition in the juvenile court, with being a person described in section 602 of the Welfare and Institutions Code, by reason of having committed two acts of rape, in violation of subdivision 2 of section 261 of the Penal Code, and with having committed an act of kidnaping in violation of section 207 of the Penal Code. After a hearing under section 725 of the Welfare and Institutions Code, the allegations of the petition were found to be true. [1] At the disposition hearing, held under section 726 of that code, the court committed appellant to the Youth Authority. The pertinent part of the order of commitment reads as follows:

"The Court finds that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefitted by the reformatory educational discipline or other treatment provided by the Youth Authority. The Court finds that the minor comes under the provisions of Sec. 726, a & c W/C Code."

(1a) We hold that an order, couched only in such conclusionary terms, does not support a commitment to the Youth Authority.

While a juvenile court judge has discretion…