In re R.V.

A minor who is the subject of a wardship petition under Welfare and Institutions Code 1 section 601 or section 602 has, like an adult facing criminal prosecution, a due process right not to be tried while mentally incompetent. Section 709 establishes procedures for juvenile courts to follow so as to ensure that minors are not subject to adjudication while their competency is impaired.

We decide two issues in this case; first, whether under section 709 a minor is presumed competent and bears the burden of proving otherwise by a preponderance of the evidence and, second, what is the proper standard for reviewing on appeal a challenge to the sufficiency of the evidence supporting the juvenile court’s determination that the minor was competent to proceed.

Section 709 is silent regarding the presumption of competency and allocation of the burden of proof, but we find that the most straightforward reading of the statute’s text is that the provision contains an implied presumption of competency. This understanding of section 709 is further supported by the legislative materials surrounding that statute’s enactment, which show that lawmakers intended the juvenile courts to…

Dissenting. — I agree with the majority that, under Welfare and Institutions Code section 709, 1 a minor is presumed competent and bears the burden of proving otherwise by a preponderance of the evidence. However, under the deferential standard of appellate review that applies in light of this conclusion, I would affirm the juvenile court’s finding that R.V. was competent. I therefore dissent.

1. The Standard of Review.

The standard of appellate review that applies here follows from (1) the majority’s conclusion, with which I agree, that R.V. bore the burden of proving incompetency by a preponderance of the evidence, and (2) the juvenile court’s finding that R.V. failed to sustain that burden.

In evaluating the sufficiency of the evidence on appeal, appellate courts generally apply the familiar substantial evidence test. Under that test, an appellate court must view the evidence in the light most favorable to the court’s judgment, giving it the benefit of every reasonable inference and resolving all conflicts in its favor. (Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1053 [ 68 Cal.Rptr.2d 758 , 946 P.2d 427 ].) The appellate court must “presume every fact in support of…

I. BACKGROUND

On a weekday morning in March 2012, officers from the La Habra Police Department responded to a 911 call reporting that a juvenile was threatening family members with a knife. Jose Cruz, who resided with minor, minor‟s stepsibling, and minor‟s mother, told police that he had awakened minor for school around 7:00 a.m. Minor became angry and starting throwing things, saying he did not want to go to school. Cruz argued with minor, warning him that he was going to miss his bus. In response, minor clenched his fists and told Cruz, “I‟m going to fuck you up,” then continued to throw and kick things around the living room. When Cruz told minor to calm down, minor held out a knife and said he would kill Cruz if he called the police. According to Cruz, minor did not move toward him with the weapon. Minor‟s mother confirmed that minor had been throwing things around the living room, and told police that she saw him knock a small television set to the floor. According to minor‟s mother, minor moved from the living room to the bedroom and started yelling, “I want a house. I want my own space.” He warned his mother, “Don‟t come close to me. I have a knife.” Minor‟s mother saw…