People v. R.G. (In re R.G.)

Good Law
18 Cal. App. 5th 273·226 Cal. Rptr. 3d 781
Court of Appeal of CaliforniaDecember 11, 2017E067486California8,581 words

Opinion

lead Opinion

McKinster, J.

*276 On July 23, 2013, the juvenile court declared defendant and appellant, R.G. (Minor, born in April 2000), a dependent of the court. On October 27, 2016, while Minor remained a dependent of the juvenile court, the People filed a juvenile wardship petition alleging Minor had committed misdemeanor battery. ( Pen. Code, § 242 ; count 1.) 1

On November 22, 2016, after denying Minor's request to refer the matter for a Welfare and Institutions Code section 241.1 2 assessment and report, *277 Minor admitted the allegation that she had committed misdemeanor battery. The court declared Minor a ward of the court, placed her on formal probation, placed her in the custody of the San Bernardino County Department of Children and Family Services (CFS), and scheduled the matter for a hearing pursuant to section 241.1. After subsequently receiving a section 241.1 report, the court again declared Minor a ward of the court with "CFS lead jurisdiction." 3

On appeal, Minor contends the juvenile court prejudicially erred by refusing to refer the matter for a section 241.1 assessment, report, and hearing prior to taking jurisdiction, resulting in violations of Minor's *784 statutory and due process…

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