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Name: In re Joey G.
Case #: D059598
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/23/2012
Summary

A minor cannot simultaneously be a dependent and a delinquent ward of the court. It is an abuse of discretion for a juvenile court to determine delinquency jurisdiction without following the protocol of Welfare and Institutions Code section 241.1 to determine which status will serve the minor’s best interests and the protection of society. Joey, already a foster child pursuant to a Welfare and Institutions Code section 300 dependency action, was the subject of a petition for juvenile delinquency based on an allegation that he committed grand theft. Without a hearing pursuant to section 241.1, the court took jurisdiction based on section 602 and detained him. The probation department prepared a disposition report which quoted the dependency social worker describing Joey as “a good kid who has the potential to do well and be successful . . . ,” but the probation report did not address all the statutory requirements, and there was no indication that the report was considered prior to the order relegating Joey to the delinquency system.