In re Ryan P. CA1/5

I. BACKGROUND

A. First Petition In October 2008, Ryan (then age 12) chased, restrained, and then “assaulted a female peer [middle school] classmate . . . by grabbing her, licking the side of her neck, biting her on her left breast and squeezing her buttocks,” leaving a visible bite mark on the victim’s breast. The incident was Ryan’s 17th school disciplinary referral since

1 May 2008, and many had been sexual in nature, such as pulling down a girl’s pants during gym class. The Contra Costa County District Attorney filed a wardship petition (Welf. & Inst. Code, § 602)1 charging Ryan with sexual battery (Pen. Code, § 243.4, subd. (a)). Ryan admitted simple misdemeanor battery (Pen. Code, §§ 242, 243, subd. (a)), and the sexual battery charge was dismissed. The juvenile court declared Ryan a ward and released him to his mother’s home. A licensed psychologist assessed Ryan and concluded he was not a high recidivism risk, was not a sexual predator, and did not pose a significant harm to the community. The matter was transferred to Alameda County, where Ryan had moved with his mother. In January 2010, Ryan was diagnosed with attention deficit hyperactivity disorder,…