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Name: Tiffany A. v. Superior Court
Case #: B193134
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/21/2007
Summary

Juvenile courts cannot have a general policy requiring the shackling of all minors. The minor sought a writ of prohibition directing the trial court to set aside its order denying her motion to preclude the use of physical restraints on all minors who appear in juvenile delinquency court absent an individualized determination of the need for restraints. The prosecutor and sheriff argued that the requisite need for a showing of necessity of restraints depends on the type of court proceeding: that where there is no jury and the appearance is brief, the necessary showing of need is far less and does not have to be particularized to the individual. The appellate court issued the writ of prohibition, finding that the use of physical restraints upon minors who appear in juvenile delinquency court must be based on a showing that such restraints are necessary for each individual minor regardless of the type of hearing.