L.A.

L.A. v. Superior Court

Good Law
147 Cal. Rptr. 3d 431·209 Cal. App. 4th 976
Court of Appeal of CaliforniaOctober 2, 2012No. D060589California3,183 words

Opinion

Lead Opinion

Benke, J.

In this habeas corpus proceeding two minors argue the juvenile court unlawfully committed them to juvenile hall during school hours after unsuccessfully attempting to obtain their compliance with its orders that they attend school. Although because neither minor is still in custody, habeas corpus relief is not available, we will treat their joint petition as a petition for a writ of mandate. We do so because both minors are still subject to the jurisdiction of the juvenile court, it does not appear the truancy problems which give rise to the orders they challenge have been resolved and thus it will be of some assistance to the juvenile court and the parties if we reach the merits of the minors’ claims.

We deny relief with respect to one of the minors and grant it in part with respect to the other minor with instructions the juvenile court make the findings required by the court’s holding in In re Michael G. (1988) 44 Cal.3d 283, 297-298 [ 243 Cal.Rptr. 224 , 747 P.2d 1152 ] (Michael G.). In doing so, we agree with the district attorney’s contention that in exercising its contempt *979 power the juvenile court may order a juvenile to be confined in a secure facility…

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