In Re Anthony M.

Appellant, charged with a violation of Penal Code section 211 was, after a hearing by a juvenile court referee on June 11, 1975, found and adjudged to be a minor under section 602 of the Welfare and Institutions Code.

On June 25, appellant, by the referee’s order, was removed from parental custody “to be suitably placed.” On June 27, 1975, application for a rehearing re the adjudication was filed charging that the evidence did not show beyond a reasonable doubt that appellant had committed the violation charged. 1

On July 22, 1975, transcripts of the proceedings before the referee held on June 3, 4, and 9 (the pertinent date was actually June 11) were ordered to be prepared, completed and lodged with the court by August *467 6. A transcript by reporter (Hill) who had taken down the proceedings of June 9 was delivered to the court on August 5. The proceedings of June 3 and 4, which had been covered by a different reporter (Shwartztein) were not transcribed or filed and are not part of the record. The judge of the juvenile court, on August 19, 1975, as a result of this omission, ordered a rehearing as to adjudication and disposition with the notation “by default—no…

I concur.

For jurisdiction, the juvenile justice scheme relies on status rather than crime, and for remedy, on declaration of wardship and treatment rather than conviction and punishment. (Welf. & Inst. Code, §§ 602, 725.) Its ultimate purpose is treatment of the ward to promote his welfare. (Welf. & Inst. Code, §§ 502, 731.)

At bench, following what amounted to a trial de novo the court was required to order a type of treatment suitable for the ward. In determining suitability, the court in January 1976 had available more factual input and more psychological evaluation than had been available seven months earlier and, additionally, had the record of petitioner’s conduct during the intervening seven-month period. As I read the juvenile court law (Welf. & Inst. Code, § 500 et seq.) courts must select an appropriate type of treatment for the ward on the basis of the best information available at the date of the court’s order, not on the basis of information seven months out-of-date. Any selection of treatment seven months earlier on the basis of less complete information, is largely immaterial to selection of appropriate treatment for the ward in January 1976.

A petition for a…

Appellant, charged with a violation of Penal Code section 211 was, after a hearing by a juvenile court referee on June 11, 1975, found and adjudged to be a minor under section 602 of the Welfare and Institutions Code.

On June 25, appellant, by the referee's order, was removed from parental custody "to be suitably placed." On June 27, 1975, application for a rehearing re the adjudication was filed charging that the evidence did not show beyond a reasonable doubt that appellant had committed the violation charged. [1]

On July 22, 1975, transcripts of the proceedings before the referee held on June 3, 4, and 9 (the pertinent date was actually June 11) were ordered to be prepared, completed and lodged with the court by August 6. A transcript by reporter (Hill) who had taken down the proceedings of June 9 was delivered to the court on August 5. The proceedings of June 3 and 4, which had been covered by a different reporter (Shwartztein) were not transcribed or filed and are not part of the record. The judge of the juvenile court, on August 19, 1975, as a result of this omission, ordered a rehearing as to adjudication and disposition with the notation "by default…