In re Tiffany R. CA2/1

DISCUSSION

Appellant argues that the juvenile court erred in setting a maximum term of confinement because she was not removed from the custody of her parents, and requests that the juvenile court’s order be corrected to strike the reference to a maximum term of

1 All statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2 confinement for appellant’s disposition of home on probation because section 726, subdivision (d),2 providing for the imposition of a maximum term of confinement, does not apply. Respondent argues that a juvenile court’s order erroneously setting the maximum term of confinement for a minor home on probation has no legal effect, and thus the dispositional order should be affirmed, citing In re Ali A. (2006) 139 Cal.App.4th 569 (Ali A.). We agree with appellant that section 726, subdivision (d) does not apply in this case. Section 726, subdivision (d) provides that “[i]f the minor is removed from the physical custody of his or her parent or guardian as the result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the…