Renita S. v. Superior Court of San Diego Cty.

Renita S. petitioned for a writ of mandate after she was taken into custody under an arrest warrant issued by the juvenile court. Renita claims her arrest and detention were illegal because as a nondetained minor, she should have been personally served with a notice to appear at the initial hearing as prescribed by Welfare and Institutions Code section 660, subdivision (c). The People respond the arrest warrant was proper to bring Renita before the court as authorized under section 663. Although Renita was released from confinement, we review her challenge to the warrant because it poses an issue of broad public interest that is likely to recur, yet evade review. (See In re William M. (1970) 3 Cal.3d 16, 23 [ 89 Cal.Rptr. 33 , 473 P.2d 737 ].) Based on the express language of section 660, subdivision (c), we conclude an arrest warrant may not issue for a nondetained minor who fails to appear at the initial hearing after mail notice. Petition granted.

Factual and Procedural Background

On April 1, 1994, the district attorney’s office filed a petition in juvenile court requesting 14-year-old Renita be declared a ward under section 602 , alleging on January 6, 1994, Renita…