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Name: In re S.S.
Case #: C097055
Opinion Date: 03/30/2023
Attorney: Theresa Osterman Stevenson
Summary

In an appeal from an order transferring the minor from the juvenile court to a court of criminal jurisdiction, the Court of Appeal agreed with the parties that changes to Welfare and Institutions Code section 707 made by Assembly Bill No. 2361 applied retroactively to the minor’s case. Assembly Bill No. 2361 amended section 707 to require that before issuing a transfer order, the juvenile court must find by clear and convincing evidence that the minor is not amenable to rehabilitation while under its jurisdiction. Here, there was a reasonable probability the juvenile court would not have transferred the minor had it applied the current law. The Court of Appeal reversed the transfer order and remanded for an amenability hearing pursuant to amended section 707.