KODY P. v. Superior Court

This petition for writ of mandate was brought by a minor charged with a misdemeanor in a petition filed under Welfare and Institutions Code section 602. The minor claims the Butte County Probation Department considered him suitable to participate in a program of informal supervision (see § 654) but denied him the opportunity to participate in the program based solely on his refusal to admit the offense. He further claims this was done pursuant to the probation department’s policy and that the juvenile court has accepted and endorsed that policy.

As we shall explain, the probation representatives and the juvenile court have abused their discretion. The law requires an individualized assessment of a minor’s suitability for informal supervision based on specified criteria. It is inconsistent with the nature of that assessment to apply a policy of categorical exclusion from informal supervision based on a minor’s refusal to admit an offense. We shall direct the juvenile court to dismiss the section 602 petition and order the probation department to admit the minor to informal supervision.

BACKGROUND

Provided that informal supervision under section 654 is not otherwise…