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

February 7, 2013

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



(Super. Ct. No. JV128685)

The opinion of the court was delivered by: Blease , Acting P. J.

In re Jerome D. CA3

Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION ON TRANSFER

Minor Jerome D.*fn1 appeals from an April 2010 order of the juvenile court after a contested dispositional hearing. The minor argues the juvenile court failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; hereafter ICWA), failed to determine whether he had any special educational needs, and failed to calculate his custody credits properly. (The minor originally had also argued there was an abuse of discretion in committing him to an Iowa facility rather than the home of a relative in Ohio. In accordance with his subsequent request, we will disregard this claim.) We affirm.

We omit the jurisdictional facts relating to the minor's offenses and violations of probation, because they are not relevant to the arguments on appeal. We will incorporate the facts pertinent to each of the minor's claims in the Discussion, post.

PROCEDURAL BACKGROUND

In November 2008, the minor admitted allegations that he came within the jurisdiction of the juvenile court because he had committed attempted robbery. (Welf. & Inst. Code, § 602*fn2 .) The court granted probation and imposed but stayed a commitment to the Thornton Youth Center (Youth Center) (the court vacated the commitment in March 2009 upon the minor's completion of community service).

The People filed a subsequent petition later in March 2009, based on the minor's commission of a robbery (for which he was being held in custody in juvenile hall). The juvenile court sustained the petition and ordered the minor's commitment to the Youth Center. The minor completed the residential portion of the commitment in June 2009 (upon the program's closing) and returned to his mother's custody under the supervision of the probation department.

In October 2009, the minor admitted an allegation that he violated probation when he resisted arrest in July 2009 for fighting in public (which resulted in a brief placement in juvenile hall). The court ordered the minor's commitment to the Sacramento Boys Ranch (Boys Ranch). Initially, it stayed execution of the commitment and released the minor on home supervision. The minor's mother reported that he was leaving the house without her permission, and the probation department moved to modify his custody status (holding him in juvenile hall pending the court's modification). The juvenile court committed the minor to the Boys Ranch.

The People filed a subsequent petition in November 2009 in which they alleged violations of probation (for which the minor was being held in juvenile hall). The minor admitted having been suspended from school for misconduct, and the juvenile court dismissed the other allegations. Following the contested disposition hearing in April 2010, the juvenile court ordered the minor's commitment to a placement in an Iowa ...


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