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In Re J.D., A Person Coming Under the Juvenile Court Law. v. J.D

April 24, 2012

IN RE J.D., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
J.D., DEFENDANT AND APPELLANT.



(Super. Ct. No. 09JU0033)

The opinion of the court was delivered by: Duarte , J.

In re F.D. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The Trinity County Juvenile Court found minor J.D., then 16, was described by Welfare and Institutions Code*fn1 section 602 in that he committed misdemeanor battery (Pen. Code, § 242). J.D. was declared a ward of the court and committed to the county juvenile detention facility for 60 days with 27 days of credit. The juvenile court assigned various fines and fees, including probation department costs of $350, public defender fees of $100, and $15 per day in detention fees.

J.D. successfully completed probation, which was terminated with an outstanding balance of $710 in jail, probation, and public defender fees. The juvenile court entered a civil judgment holding J.D. and his parents jointly and severally liable for the $710 outstanding balance. J.D. timely appealed.

On appeal, J.D. contends the juvenile court erred when it: (1) included J.D. as jointly and severally liable for the outstanding fees, and (2) failed to separately list the fees with their statutory bases. We agree and shall reverse and remand for further proceedings.

PROCEDURAL BACKGROUND*fn2

On January 18, 2011, the probation department filed a report with the juvenile court declaring J.D. had not violated court orders, had no further contact with law enforcement, had completed high school, and was considering attending community college. The report noted there was "an outstanding balance of $710.00 owing in jail, probation and public defender fees," and recommended terminating probation and entering a civil judgment against the parents and J.D. for the unpaid balance.

J.D. objected to the proposed entry of civil judgment against him at the review hearing held on January 18, 2011. The case was continued for both parties to research the issue. At the continued hearing, held on February 1, 2011, neither the juvenile court nor the parties could cite any authority for the proposition that imposing joint and several liability for costs of wardship was appropriate as to a minor. After some musings, speculation, and debate by the court and counsel, as well as limited input by the probation officer and a "friend of the court," the court asked defense counsel: "Do you want to make an appellate court case out of this one?" Defense counsel answered, "Maybe," to which the court responded, "I understand. Somebody needs some answers. So I will order that the minor is jointly and severally liable for the $710 cost to probation for his wardship."

No findings were made regarding ability to pay. A written order stated only that: "Civil judgment in the amount of $710.00 is entered jointly and severally against the minor and his parents."

DISCUSSION

I

Liability as ...


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