In Re Magnuson

VAN DYKE, J.

As a result of proceedings under the Juvenile Court Law, begun by petition of the probation officer of San Joaquin County, charging that Ronald G. Magnuson, 17 years of age, came within the provisions of subdivisions (b) and (m) of section 700 of the Welfare and Institutions Code, said minor was, on December 21, 1951, adjudged to be a ward of the juvenile court. It was ordered that he be removed from the custody of his parents and committed to the Youth Authority, which commitment was

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suspended upon condition that the minor complete a course of schooling in the California Junior Republic. The minor is presently held in the said school. He has appealed from the order adjudging him to be a ward of the court, and the appeal is pending in this court.

The minor, through his attorney, applied to the juvenile court for an order releasing him on bail pending the appeal, and on February 25th, after a hearing, the application for bail was denied without prejudice to any further application that might be made to the court pursuant to the provisions of section 580 of said Welfare and Institutions Code. Thereupon said minor applied to this court to be released on bail pending appeal. An order to show cause was issued and the matter has been argued and submitted for decisions.

An order adjudging a person to be a ward of the juvenile court is not a conviction of crime (Welf. & Inst. Code, § 736), and proceedings to have such a wardship declared are not criminal proceedings. It follows that the provisions relating" to bail contained in article I, section 6, of the California Constitution, and sections 1271 and 1272 of the Penal Code, do not apply to such proceedings. “Where the provisions of the constitution relate only to offenses, and to cases where there may be a conviction therefor, they do not apply to proceedings under a juvenile court statute which does not relate to offenses or permit a conviction in the ordinary sense of the term.” (8 C.J.S., p. 53.) See, also, cases annotated in 160 A.L.R. 284; 31 American Jurisprudence, 1951 Supplement, page 68.

Turning to the Juvenile Court Law itself, we find that section 828 of the code provides that: “Pending hearing in the juvenile court the judge thereof may admit the person so brought before him to bail or may otherwise provide for his temporary custody in any manner provided in this chapter for the care of a ward of the juvenile court.” This section concerns bail pending a hearing and does not cover the situation presented here, that is, an application for bail pending appeal after an order has been made adjudging the minor to be a ward of the court.