In Re Jimmy P.

In this case we hold that our Supreme Court’s decision in People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] (Harvey), which precludes reliance upon the facts relating to charges dismissed as part of a plea bargain in reaching a sentencing decision, is inapplicable when a juvenile court determines the proper placement for a ward. We conclude the statutory scheme contemplates consideration of all available reliable, social and behavioral evidence bearing upon the minor’s fitness in reaching the placement decision. Under that scheme, a minor can have no reasonable expectation that conduct underlying dismissed allegations will not be looked to as a factor in deciding the appropriate placement.

Factual and Procedural Background

In March 1994, appellant admitted a charge of petty theft, was found to be a ward, and was placed with his mother with intervention to take place by “Families First.” In June 1994, a supplemental petition charging appellant with robbery was sustained. He was then placed in a nine-month local “Boys Ranch” program. While at the ranch, appellant “consistently refused to follow staff directions or adhere to program guidelines.” He…