In re Gabriel G. CA1/4

Good Law
Court of Appeal of CaliforniaDecember 16, 2021A162494California617 words

Opinion

Opinion

DISCUSSION

Under Welfare and Institutions Code section 202, juvenile proceedings are primarily rehabilitative. (In re Eddie M. (2003) 31 Cal.4th 480, 507.) “Within these bounds, the court has broad discretion to choose probation and/or various forms of custodial confinement in order to hold juveniles accountable for their behavior, and to protect the public.” (Ibid.) Thus, dispositional orders for delinquent minors shall provide for “care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances.” (Welf. & Inst. Code, § 202, subd. (b).) Juvenile placements need not follow any particular order, such as placement from the least to the most restrictive. (In re Eddie M., at p. 507.) When a juvenile court declares a minor a ward of the court, it may remove that minor from physical custody of a parent or guardian if, after a hearing, it finds, among other things, that “the welfare of the minor requires that custody be taken from the minor’s parent or guardian.” (Welf. & Inst. Code, § 726, subd. (a)(3).) A juvenile court faced with making such a determination at a delinquency…

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