In Re Michael S.

I

Introduction

In this case we hold:

—A mother who was assessed liability of $25,000 pursuant to a Welfare and Institutions Code section 730.7 restitution order, based on an arson committed by her minor son, has a right of appeal from the order making her so liable. Section 730.7 specifically incorporates Civil Code section 1714.1, and judgments under section 1714.1 of the Civil Code are appealable.

—The acceptance by the victim of a payment from the mother’s insurer in full release of all claims against the mother and son precludes any section 730.7 restitution liability on the part of the mother. There are reasons that civil settlements do not release juvenile offenders from a liability for restitution under section 730.6. (See generally In re Tommy A. (2005) 131 Cal.App.4th 1580 [ 33 Cal.Rptr.3d 103 ] (Tommy A.).) But those reasons do not apply to parents who are only vicariously liable under section 730.7. The state’s interest in the rehabilitation of juvenile offenders is not implicated by a release of vicarious liability against an otherwise innocent parent. And the Legislature never intended to preclude the operative effect of releases of vicariously liable…