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Name: In re Keith C.
Case #: A141529
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 04/24/2015
Summary

Where juvenile court orders a minor to pay restitution, the court has authority to enter an abstract of judgment restating the restitution order upon termination of the wardship after the ward turns 21. In February 2006, Keith admitted an allegation in an amended wardship petition that he received stolen property. The victim of the offense was awarded restitution. Keith defaulted on the restitution and thereafter failed to appear at review hearings. Over defense objection, in March 2014, after Keith was over 21 years old, the court issued a JV-790 Judicial Council Form abstracting the restitution order. The minor appealed, claiming the court lacked jurisdiction to issue the order. Held: Affirmed. Generally, a juvenile court loses jurisdiction over a ward who turns 21 years of age (Welf. & Inst. Code, § 607, subd. (a)). However, the juvenile court has both a constitutional and statutory duty to order a ward to make restitution to his victim (Cal. Const., art. I, § 28; Welf. & Inst. Code, § 730.6). The victim is entitled to enforce such an order as a civil judgment (Pen. Code, § 1214; Welf. & Inst. Code, § 730.6, subds. (i) & (r)). Civil judgments are enforceable for 10 years (Code Civ. Proc., § 683.020) and may be renewed. Thus, a juvenile’s obligation to pay restitution extends beyond his period of wardship. The court issued a valid restitution order when the ward was under 21 years of age and the abstract was merely a memorialization of that order. The court had continuing authority to enforce its prior validly issued order.