Opinion
E073827
03-11-2020
In re S.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. S.G., Defendant and Appellant.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. J279953) OPINION APPEAL from the Superior Court of San Bernardino County. Winston S. Keh, Judge. Affirmed. Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
I
INTRODUCTION
Defendant and appellant S.G. (minor) has a history of defiant behavior and running away from her placements. As a result, the juvenile court terminated minor's summary probation under Welfare and Institutions Code section 725, declared her a ward of the court, and placed her on formal probation in a suitable foster care facility. Minor appeals from the juvenile court's order lifting and terminating her summary probation and ordering her a ward of the court pursuant to section 602 rather than finding she remain under section 300 status. We find no error and affirm the judgment.
All future statutory references are to the Welfare and Institutions Code unless otherwise stated. --------
II
FACTUAL AND PROCEDURAL BACKGROUND
On February 26, 2019, then 16-year-old minor, along with a coparticipant, stole approximately $1,400 worth of items from a department store. Loss prevention officers chased minor and her coparticipant. The coparticipant escaped in an awaiting vehicle. However, minor was detained and brought back inside the store. While inside the loss prevention office, minor refused to cooperate, tried to escape, and punched and spat at a loss prevention officer.
Minor admitted to entering the store and stealing items. She also admitted to striking and spitting at the loss prevention officer. She claimed that she later apologized to the loss prevention officer. Minor indicated that she was not attending school "'because she doesn't want to.'" Minor further denied knowing what grade she was in or how many credits she had completed. Minor's social worker advised probation that minor had "AWOL'd" from San Bernardino County Children and Family Services (CFS) after hours' facility on February 25, 2019.
On February 28, 2019, a section 602 petition was filed charging minor with second degree robbery (Pen. Code, § 211; count 1) and grand theft of personal property exceeding $950 (Pen. Code, § 487, subd. (a); count 2).
On March 1, 2019, the juvenile court referred the matter to the section 241.1 committee for review and recommendation to determine her status under the Welfare and Institutions Code. Minor was ordered detained in juvenile hall pending a further hearing.
On March 12, 2019, CFS filed a report recommending if minor was declared a ward pursuant to section 602, then minor should be placed on supervision under dual status with CFS as the lead agency.
The section 241.1 report noted that minor and her sister were removed from their parents' custody by CFS on August 7, 2014, and that minor had resided in five group homes since March 2017. The social worker was concerned that minor may be involved in human trafficking as evidenced by her habitual running away, her multiple cellphones, and staying out until 1:00 a.m. with various young men and women. In addition, minor's mother reported that in the late evening on June 15, 2018, minor called her and stated that her boyfriend was beating her. Minor also had a history of incorrigible and delinquent behavior and struggled with anger issues.
On March 15, 2019, the People moved to amend the section 602 petition to reduce count 2 to a misdemeanor pursuant to Penal Code section 17b, to add count 3, misdemeanor battery in violation of Penal Code section 242, and to dismiss count 1. The juvenile court granted the People's motion. Thereafter, minor admitted counts 2 as amended and count 3. The court found counts 2 and 3 true and deemed them to be misdemeanors, dismissed count 1, and found minor qualified for dual status, with CFS as the lead agency for supervision. Minor was released to CFS on house arrest pending disposition.
On March 19, 2019, the juvenile court issued a bench warrant for minor's arrest after minor left her placement the day before.
Minor was arrested on the bench warrant on May 2, 2019.
On May 3, 2019, the court recalled the bench warrant and detained minor in juvenile hall pending disposition on the amended petition. The court also ordered the matter referred to the section 241.1 committee for a report.
The May 14, 2019 section 241.1 committee report recommended minor remain in the care of CFS under section 300 and placed on non-wardship summary probation pursuant to section 725.
The probation department also recommended that minor be placed on summary probation under section 725 as the least restrictive option. The probation officer noted that minor may have been abused at one point by a boyfriend, but that person was no longer minor's boyfriend. The probation officer also explained that two instances of "AWOL" in a five-year period was on the low side of normal for these cases, and the fact that the crimes were misdemeanors also factored into her recommendation. The probation officer acknowledged minor's defiant and risky behaviors, including removing her ankle bracelet, violating house arrest rules, being shot in her foot while staying with a friend, being disruptive and failing to participate in activities while in juvenile hall, refusing to clean her room, using inappropriate language, pushing another peer, approaching staff without permission, and using marijuana and drinking hard liquor.
The contested dispositional hearing was held on May 22, 2019. The People urged the court to disregard the recommendation of the probation department to place minor on summary probation under section 725, but to instead place minor on formal probation. The People noted the safety of minor, the need for closer supervision for minor, and minor experimenting with drugs, getting shot and running away from her placements, multiple incidents in juvenile hall involving minor's defiant behavior, general disobedience to caregivers, refusing to go to school, and disobeying the court. After hearing testimony and argument, the juvenile court found minor to be a section 300 dependent and placed her on non-wardship summary probation pursuant to section 725 and released her to CFS. The court was willing to give minor an opportunity to bond with her new social worker.
On August 16, 2019, the juvenile court issued a bench warrant for minor's arrest after minor absconded from her group home during the week of July 22, 2019. Minor was arrested eight days later on August 24, 2019.
On August 27, 2019, the court recalled the bench warrant and detained minor in juvenile hall pending the outcome of the protective warrant issued in the dependency court. The court also ordered the matter referred back to the section 241.1 committee for a report.
The September 3, 2019 section 241.1 committee report recommended minor's grant of summary probation be "lifted and she be declared a ward" of the court and "supervised strictly under section 602." After being placed on summary probation, minor repeatedly left her placement without permission despite having an ankle monitor. She absconded on June 3, 2019, and was caught "joy riding" in a stolen vehicle. She was transported back to a CFS facility on June 6, 2019. The following day, minor again left without permission and was transported back. On July 24, 2019, minor again left CFS placement without permission and was caught shoplifting at a department store. She was again returned to CFS custody where she absconded from the CFS office. On August 16, 2019, minor contacted her social worker requesting to be picked up. The social worker picked minor up from a home in San Bernardino and transported her to the CFS office where minor reported she was pregnant. On August 17, 2019, the social worker received a call from minor stating she was in an ambulance being transported to a hospital. When a social worker arrived at the hospital to accompany minor, minor had already left the hospital. Minor was detained on August 24, 2019, and placed in juvenile hall.
On September 11, 2019, the juvenile court held a contested hearing on the issue of lifting and terminating minor's summary probation and placing her on formal probation. The People argued, and the probation officers and the social workers agreed, that less restrictive options had been tried and failed. The probation officers were concerned not just with minor leaving her placements without permission, but also by being found with criminal elements. Following testimony and argument from the parties, the court terminated minor's section 725 summary probation, declared her a ward of the court, and placed her on formal probation in a suitable facility. The court explained that it had considered the least restrictive alternative means to monitor minor, but it had failed. The court noted minor continued to leave her placement without permission and placed herself in dangerous conditions. The court also stated that services had been made available to minor, however, she never stayed in a place long enough to get those services, and that minor needed to take some responsibility for her actions.
On September 25, 2019, the court held a further dispositional hearing. The probation department recommended minor be continued a ward of the court, placed in the custody of the probation department, and remain in juvenile hall until placement in a suitable foster care facility could be located. Both parties submitted on the probation report. The court adopted the findings in the probation report, continued minor as a ward of the court, and placed minor in the custody of the probation department.
On October 3, 2019, minor filed a timely notice of appeal.
III
DISCUSSION
After minor appealed, upon her request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.
We offered minor an opportunity to file a personal supplemental brief, and she has not done so.
An appellate court conducts a review of the entire record to determine whether the record reveals any issues which, if resolved favorably to defendant, here, minor, would result in reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386 U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to minor.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
Acting P. J. We concur: FIELDS
J. RAPHAEL
J.