In Re Robert M.

Facts and Proceedings Below

Robert was declared a ward of the court pursuant to Welfare and Institutions Code section 602 after he admitted taking part in a burglary. He was placed on home probation on various conditions including: “Attend a school program approved by the Probation Officer without absence unless excused by parent, guardian, school authorities or Probation Officer. Maintain satisfactory grades and citizenship.” This is a standard probation condition in the Los Angeles County juvenile courts.

On two occasions Robert has been remanded to juvenile hall to serve “Ricardo M. ” time for failure to comply with the satisfactory grades and citizenship condition of his probation. In the first instance, the probation officer’s report showed Robert had received four D’s, two F’s, had numerous absences and was suspended for a time for refusing to dress for P.E. In the second instance, the report showed one C, two D’s, three F’s and ten U’s in citizenship.

Following his second incarceration, Robert brought this petition for habeas corpus. We issued an order to show cause and stayed future implementation of Ricardo M. time pending our decision. We treat the petition…