Master Gabriel was adjudicated a delinquent ward of the juvenile court. He was ordered to complete a 12 month "Correctional Academy" program. The program was to consist of a 6 month stint where he would be confined within the program's facility followed by 6 months of "aftercare" where he would live with his family under the supervision and rules of the program. The juvenile court imposed an additional term authorizing the probation office to reconfine Gabriel to the program's facility for 30 days should it find Gabriel had violated the rules of his aftercare. Gabriel appealed.
The Fifth District reverses.
Under California law, removing a kid from his home requires compliance with the strict requirements contained within the Welfare & Institutions Code. It requires the probation office file a petition and that the kid be brought before the court within 48 hours of his removal and given an opportunity to dispute the need for his removal.
As this court's order allowed the probation office to remove Gabriel from his home for 30 days without the concomitant requirements of notice and the opportunity to be heard, it is unlawful.
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