Custody

Name: A.T. v. Superior Court
Case #: A149772
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/30/2017
  • Categories: Custody, Delinquency (602), Extraordinary Remedies, Mandamus, Plea Bargaining, Pleas

Juvenile court improperly denied minor's request for release to the custody of her mother in order to pressure her to accept a plea bargain. Police found A.T. and her brother with a gun that the brother's girlfriend's father had reported…

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Name: In re Bianca S.
Case #: D068942
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/02/2015
  • Categories: Custody, Delinquency (602), Dependency (300), Placement Issues

Juvenile court erred by ordering dependent teens who committed minor property offenses detained at juvenile hall where social workers had been unable to find suitable placements for them. Two 13-year-old girls were dependents of the juvenile court (Welf. & Inst.…

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Name: People v. Dokins
Case #: B250572
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/30/2015
Subsequent History: Review granted 2/17/2016: S231052
  • Categories: Cruel and Unusual Punishment, Custody, CYA Commitment, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Max. Term of Confinement, Sentencing

Trial court's failure to consider the factors discussed in Miller v. Alabama (2012) 132 S.Ct. 2455, before sentencing a juvenile defendant who committed homicide to de facto LWOP mandates reversal and remand for resentencing. Dokins was 15 years old when…

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Name: In re K.J.
Case #: A137787
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 03/20/2014
  • Categories: Areas Constitutional Law, Custody, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Ex Post Facto

Minor may be placed in the Division of Juvenile Facilities (DJF) based on amendment to Welfare and Institutions Code that occurred after he became a ward. In August 2008, the 12-year-old minor admitted molesting his younger brother (Pen. Code, §…

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Name: L.A. et al. v. Superior Court (San Diego)
Case #: D060589
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/02/2012
  • Categories: Custody, Delinquency (602)

Juvenile status offenders who repeatedly violate court orders to attend school may be held in juvenile hall under a contempt order. Two minors who were truant and found to be Welfare and Institutions Code section 601 wards alleged the court…

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Name: In re C.H.
Case #: S183737
Court: CA Supreme Court
District CalSup
Opinion Date: 12/12/2011
  • Categories: Custody, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities)

Juvenile court lacks authority to commit minor to the Division of Juvenile Facilities (DJF) for a sex offense not listed in Welfare and Institutions Code section 707, subdivision (b), despite reference to same in section 733, subdivision (c). In January…

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Name: In re Ramon M.
Case #: G040765
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/22/2009
  • Categories: Custody, Delinquency (602), Disposition Phase

A minor was improperly held in and committed to county jail based on a juvenile adjudication. In 2005, the then 16-year-old minor Ramon M. became a ward of the court and was released on probation after conviction of crimes related…

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Name: In re Kerry K.
Case #: C050968
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/01/2006
  • Categories: Custody, Delinquency (602), Detention Hearing, Jurisdictional Hearing

The juvenile court erred when it denied the minor's request to be released from detention following the continuance of his jurisdictional hearing beyond the statutory limitation of seven days under Rule 1486(a)(1). Although the matter was moot given the minor's…

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Name: In re Charles G.
Case #: C041288
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/05/2004
Subsequent History: Rev. den. 4/21/04
  • Categories: Custody, Delinquency (602), Disposition Phase

Appellant was still a ward of the juvenile court at age 20 based upon delinquent conduct, when he violated probation. Probation was reinstated on the condition that appellant serve a period of confinement. In this appeal, appellant contended that the…

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