In Re Kacy S.

The minor, Daren S., admitted he was within the provisions of Welfare and Institutions Code section 602 in that he challenged a person in a public place to a fight. (Pen. Code, § 415, subd. (1).) The minor, Kacy S., the brother of Daren, admitted he was within the provisions of Welfare and Institutions Code section 602 in that, in a public place, he used offensive words which were inherently likely to provoke an immediate, violent reaction. (Pen. Code, § 415, subd. (3).) The minors were not removed from the physical custody of their parents but were placed on six months’ probation on the conditions they each “submit to urine testing to determine the presence of alcohol and illegal drugs in [their] system[s] pursuant to section *708 729.3 of the Welfare and Institutions Code,” that Daren “not associate with any persons not approved by his probation officer,” and that Kacy “not associate with Jason [B.].”

The minors appeal, contending imposition of the urine testing condition was improper. Daren contends the condition requiring his probation officer’s approval of his associates is overbroad and unreasonable. Other than modifying Daren’s probation order to limit the…

I dissent.

The majority conclude the trial court has unlimited discretion under Welfare and Institutions Code section 729.3 (section 729.3) to require urine testing for alcohol or drugs as a condition of probation for violation of an offense, here the use of bad language on the school ground, for which there is no demonstrable relationship to alcohol or drug use.

I disagree. Section 729.3 is permissive and subject to the test of an abuse of discretion. That test is measured in the case law by whether there is a demonstrable relationship between the offense and drug or alcohol use.

The authority to require urine testing as a condition of probation is specifically conferred by section 729.3 which provides: “If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of his or her parent or guardian, the court, as a condition of probation, may require the minor to submit to urine testing upon the request of a peace officer or probation officer for the *714 purpose of determining the presence of alcohol or drugs.” 1 (Italics added.) By using the discretionary “may,” section 729.3 commits the decision to order…

PUGLIA, Associate Justice. [*]

The minor, Daren S., admitted he was within the provisions of Welfare and Institutions Code section 602 in that he challenged a person in a public place to a fight. (Pen. Code, § 415, subd. (1).) The minor, Kacy S., the brother of Daren, admitted he was within the provisions of Welfare and Institutions Code section 602 in that, in a public place, he used offensive words which were inherently likely to provoke an immediate, violent reaction. (Pen.Code, § 415, subd. (3).) The minors were not removed from the physical custody of their parents but were placed on six months' probation on the conditions they each "submit to urine testing to determine the presence of alcohol and illegal drugs in [their] system[s] pursuant to section 729.3 of the Welfare and Institutions Code," that Daren "not associate with any persons not approved by his probation officer," and that Kacy "not associate with Jason [B.]."

The minors appeal, contending imposition of the urine testing condition was improper. Daren contends the condition requiring his probation officer's approval of his associates is overbroad and unreasonable. Other than modifying Daren's probation order to…