People v. R.G. (In re R.G.)

226 Cal. Rptr. 3d 781, 18 Cal. App. 5th 273
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 11, 2017
DocketE067486
StatusPublished
Cited by5 cases

This text of 226 Cal. Rptr. 3d 781 (People v. R.G. (In re R.G.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. R.G. (In re R.G.), 226 Cal. Rptr. 3d 781, 18 Cal. App. 5th 273 (Cal. Ct. App. 2017).

Opinion

McKINSTER, J.

*276On July 23, 2013, the juvenile court declared defendant and appellant, R.G. (Minor, born in April 2000), a dependent of the court. On October 27, 2016, while Minor remained a dependent of the juvenile court, the People filed a juvenile wardship petition alleging Minor had committed misdemeanor battery. ( Pen. Code, § 242 ; count 1.)1

On November 22, 2016, after denying Minor's request to refer the matter for a Welfare and Institutions Code section 241.12 assessment and report, *277Minor admitted the allegation that she had committed misdemeanor battery. The court declared Minor a ward of the court, placed her on formal probation, placed her in the custody of the San Bernardino County Department of Children and Family Services (CFS), and scheduled the matter for a hearing pursuant to section 241.1. After subsequently receiving a section 241.1 report, the court again declared Minor a ward of the court with "CFS lead jurisdiction."3

On appeal, Minor contends the juvenile court prejudicially erred by refusing to refer the matter for a section 241.1 assessment, report, and hearing prior to taking jurisdiction, resulting in violations of Minor's *784statutory and due process rights. Moreover, Minor asserts that the subsequent section 241.1 report and hearing were statutorily inadequate. Minor maintains these errors resulted in prejudicial, reversible error. CFS maintains Minor forfeited any contention the section 241.1 report was untimely or inadequate and that any error was harmless. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND4

On October 26, 2016, Minor attempted to slap the victim, accusing the victim of sleeping with Minor's best friend. The victim blocked the slap. An officer apparently arrested, cited, and released Minor to her foster mother that day.

At a prehearing on October 31, 2016, it was noted that the parties had agreed to informal probation; however, the court rejected that agreement: "So just to let [Minor] and [the foster mother] know, we did have an off-the-record discussion. I did receive an informal probation stipulation, but then [the People] pointed out there is a sealed case that may potentially impact the *278[section] 654 [resolution].[5 ][¶] And in addition, the court note[s] that there are two settled-out-of-court cases involving [section] 261.5 as well as [section] 496[, subdivision] (a), which concerns the court, and the court feels uncomfortable at this point agreeing to the informal probation without further social studies. And that's why we are requesting a [jurisdiction/disposition] report with full social studies."

On November 22, 2016, the probation department filed a report. The report includes a recitation of Minor's previous juvenile delinquency history, including an arrest on February 26, 2013, for unlawful sex with a minor;6 an arrest on June 25, 2013, for receiving stolen property;7 an arrest on *785September 1, 2015, for unlawful taking or driving of a vehicle;8 and an arrest on February 26, 2016, for fighting at school.9 It is noted in the report that Minor had been suspended from school 13 times for defiance and fighting; she had been expelled three times for nonattendance, truancy, and defiance; and she had 11 unexcused absences during the current school year.

The report further includes a description of Minor's dependency proceedings: the juvenile court had declared Minor a dependent of the court on July 23, 2013, pursuant to section 300, subdivisions (b) and (g) when Minor was living with her paternal grandmother.10 Both Minor's mother and father were drug addicts with criminal histories. Minor reported her mother left her in the care of her father who was using drugs who, in turn, left her in the care of her grandmother. It was reported that Minor had been a victim of frequent sexual assaults by her father at the age of 13 and had suffered physical abuse by both her father and grandmother.

*279Minor reported living in group homes beginning in 2012 when her grandmother no longer wished to care for her.11 In May 2016, Minor reported she began living in a foster care home. Minor said she "loves her present home and gets along well with everyone." Minor's behavior had apparently improved since being placed in the home. Minor's foster mother reported Minor had been in the home for six months; she got along with everyone and was doing well. Minor had been diagnosed with asthma and bipolar disorder. Minor had been assessed as having the mental intellect of a nine year old pursuant to an IQ test administered on August 19, 2015. Minor was receiving counseling and participating in Wraparound services provided by CFS. The probation report recommended Minor be given formal probation as a ward under which she should continue active participation in individual counseling and other services provided by CFS.12 The report concluded: "The youth is in the custody of [ ]CFS and is a [section] 300 dependent. The matter has not yet been referred to the [ section] 241.1 committee to determine which agency will be the lead, as such, terms and conditions will be submitted as an Order of the Court."

On November 22, 2016,13 the juvenile court held a pretrial hearing wherein Minor's counsel made the following request: "I think at this time what we're seeking is to send it to the [section] 241[.1] court *786before we do any resolution here. They need to assess it for-to make sure that what we work out up here is actually in compliance with what they work out there. And so ... our [section] 241[.1] attorney, contacted us by e-mail this morning and asked that we send it to the [section] 241[.1] court."14 The court responded: "I can do that but only after dispo[sition] here." Minor's counsel replied: "We're having some difficulty down in the [section] 241[.1] court, because in the previous months past-I've been told in months past the way we've resolved those is to send it to [the section] 241[.1] [court] first, and that way everything was *280done in conjunction with what they were doing down there. Subsequently, in the last couple of months that process has kind of been [changed]."

Minor's counsel further observed: "And the [section] 241[.1] partners, because I was handling [section] 241[.1] court last Tuesday, were very concerned about the change, because what's happening in the courts on cases where things are being resolved and we do our dispositional hearings-[¶] ... [¶]-then they get to the [section] 241[.1] court, and they're unable to give them sanctions for violations of placement terms and things like that.

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Cite This Page — Counsel Stack

Bluebook (online)
226 Cal. Rptr. 3d 781, 18 Cal. App. 5th 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rg-in-re-rg-calctapp5d-2017.