In Re Henry S.

People v. Henry S.

Good Law
140 Cal. App. 4th 248·2006 Cal. App. LEXIS 853·2006 Daily Journal DAR 7155·44 Cal. Rptr. 3d 418·2006 Cal. Daily Op. Serv. 4917
Court of Appeal of CaliforniaJune 8, 2006F048791California4,014 words

Opinion

Opinion

Levy, J.

The juvenile court found Henry S. a ward of the court and ordered the probation department to find him a suitable placement after he admitted leaving the scene of an accident and evading a police officer. (Veh. Code, §§ 20001, subd. (a), 2800.2, subd. (a).) On appeal, Henry contends the juvenile court violated his federal constitutional due process right to present evidence and cross-examine witnesses before the juvenile court determined whether to treat him as a dependent child or delinquent ward. (Welf. & Inst. Code, § 241.1.) We conclude a minor does not have a due process right to a full evidentiary hearing on a section 241.1 determination and affirm the disposition.

BACKGROUND

According to probation records, Santa Barbara County Sheriff’s deputies arrested Henry’s father for a parole violation on March 18, 2005, and arrested his mother pursuant to a warrant the next day. Aware 14-year-old Henry and his 10-year-old brother needed to be taken into protective custody, the deputies searched for the children where they had been living with their father. They found Henry driving his father’s car, with his younger brother riding as a passenger.

Henry refused to stop. The…

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