In re Khalid B.

Khalid B. v. Khalid B.

Good Law
183 Cal. Rptr. 3d 427·233 Cal. App. 4th 1285
Court of Appeal of CaliforniaFebruary 2, 2015A140708California1,980 words

Opinion

Opinion

Simons, J.

— Welfare and Institutions Code section 727.1, subdivision (b)(1) (section 727.1(b)(1)) provides that a court “may not” order placement of a ward at an out-of-state facility unless “[i]n-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.” After appellant Khalid B., bom July 1998, admitted an allegation in a section 602 petition that he committed involuntary manslaughter (Pen. Code, § 192, subd. (b)), the juvenile court placed him in a facility in Iowa. Appellant contends the juvenile court abused its discretion by imposing an out-of-state placement because there is no substantial evidence in-state facilities were unavailable or inadequate to meet his needs. We agree.

BACKGROUND

In November 2012, the San Francisco District Attorney filed a section 602 petition alleging appellant committed involuntary manslaughter and assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The allegations were based on an incident during which appellant struck a man, who died after hitting his head on the pavement. In January 2013, a second petition was filed alleging appellant committed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.