M.W.

People v. M.W.

Good Law
169 Cal. App. 4th 1·2008 Cal. App. LEXIS 2410·86 Cal. Rptr. 3d 545
Court of Appeal of CaliforniaDecember 12, 2008No. F054526California1,626 words

Opinion

lead Opinion

Wiseman, J.

In this opinion, we hold that the cost of mental health services directly incurred by the victim of a crime that is committed by a juvenile is authorized as restitution pursuant to Welfare and Institutions Code section 730.6, subdivision (h). 1

PROCEDURAL AND FACTUAL SUMMARIES

In 2005, the minor M.W. was adjudicated a ward of the juvenile court pursuant to section 602 after he admitted having committed a lewd act on a *4 younger cousin. The minor was placed in the custody of a probation officer, pursuant to standard terms of probation, and was confined to an appropriate group home. He was enrolled in a sexual offender treatment program and received other necessary services. Ultimately, the minor was furloughed to his parents in 2007. In September 2007, the prosecution sought and the court ordered restitution to the victim for the cost of mental health services in the amount of $4,320. The minor challenges this order on appeal.

DISCUSSION

The minor contends that the restitution was unauthorized by the statute. He argues that, although the costs of mental health services are specifically authorized as a restitution award under the adult restitution statute, Penal Code…

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