Raul P. v. Superior Court

This petition for mandate requires determination of the issue of whether a written social study report pursuant to Welfare and Institutions Code section 707, subdivision (c), is a jurisdictional prerequisite to a determination of unfitness.

We conclude that submission of such a report by the probation department and.its consideration by the juvenile court are mandated by case law, statute, and court rule, and that the determination of unfitness made in absence of such report is void.

*296 The facts are not in dispute.

On October 6, 1983, a petition was filed with the respondent juvenile court ■ pursuant to Welfare and Institutions Code section 602 alleging that the minor petitioner had committed an attempted murder, and assault with a deadly weapon, a shotgun, in a gang-related incident.

A detention hearing was held October 7 and detention was ordered. Rehearing on the detention issue was set for October 13 and on that date petitioner waived his right to an adjudication hearing within the prescribed statutory period. (Welf. & Inst. Code, § 657.) The detention rehearing was continued to October 17 and detention was on that date ordered to continue pending the…