In Re Angel M.

By petition for writ of habeas corpus, Angel M., a minor, challenges the juvenile court’s denial of her request for release from juvenile hall. She contends that she was not brought to court the day after her probation officer filed a supplemental petition in violation of Welfare and Institutions Code section 632 and California Rules of Court, rule 1471(b)(3). We conclude that the juvenile court erred in failing to release the minor.

Factual and Procedural Background

Having previously been declared a ward of the court under section 602, 17-year-old Angel M. was taken into custody for violating conditions of her probation. Pursuant to section 777, subdivision (a)(2), a supplemental petition was filed January 16, 1997. It stated the minor had been absent from her residence since December 23, 1996, and had not paid any of her restitution.

On January 21, 1997, Angel appeared before the juvenile court for a detention hearing. The minor denied the allegations set forth in the petition, and requested a Dennis H. hearing. The hearing was set for January 23, 1997. At the end of the hearing, defense counsel stated: “This petition was filed on the 16th, and according to [rule]…