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Name: In re Luis F.
Case #: A123599
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 08/31/2009

A probation condition requiring a minor to continue taking all prescribed medications was lawful but required modification. The minor appealed from an order of the court under Welfare and Institutions Code section 602 declaring him a ward based on a attempted robbery. He was placed on probation, a condition of which was that he continue to take prescribed medications (Prozac and Klonopin, for anxiety and depression). On appeal, he contended that the probation conditions were unconstitutionally vague and overbroad. The appellate court found the issue waived for failure to object below. However, the court elected to address the merits of the claim and affirmed the condition of probation as modified. The condition was reasonably related to the offense because the psychological issues were a contributing factor to the crime. However, modification was necessary to expressly require the minor to take medications for depression and social anxiety, recognizing that the medications may be changed over time by doctors.