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Name: In re K.C.
Case #: C068161
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/10/2013

Although restitution ordered as a condition of informal supervision (Welf. & Inst. Code § 654.2) cannot be converted to a civil judgment under Welfare and Institutions Code section 730.6, minor was estopped from raising the issue on appeal because he agreed that section 730.6 would apply. In exchange for informal supervision under section 654.2, minor agreed that a $4,248.14 restitution order would remain in effect until paid in full pursuant to section 730.6 and would not be discharged upon termination of probation. After minor successfully completed his informal supervision, the section 602 petition was dismissed and, over minor’s objection, the outstanding restitution order was converted to a civil judgment. Minor appealed. The appellate court agreed with minor that the court was not authorized to convert a restitution order into a civil judgment under section 730.6 upon a minor’s successful completion of informal supervision under section 654.2. Section 730.6 only applies to minors who have been adjudicated wards of the court under Welfare and Institutions Code section 602. Minors granted informal supervision under section 654.2 are not adjudicated wards of the court, and, therefore, the conversion authorized by section 730.6 does not apply. Here, however, minor agreed that section 730.6 would apply to his restitution order even though it did not by its terms apply and, in doing so, consented to an act in excess of the court’s jurisdiction. He was estopped from challenging the court’s conversion of his restitution order because he benefitted from the agreement that imposed the restitution order and should not now be permitted to trifle with the courts by challenging the agreement after obtaining its benefit. Public policy also supports permitting the order to stand because compensating victims for their losses is consistent with rehabilitating juveniles.