Fare v. Ernest M.

Opinion

ASHBY, J.

A petition was filed alleging appellant to be a person described by Welfare and Institutions Code section 602 in that on February 19, 1976, he was in the lawful custody of the probation officer of Los Angeles County in a county juvenile hall, and committed to a

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county juvenile home, ranch, camp, and forestry camp, to wit, Emergency Care Program at Rancho San Antonio, and did wilfully escape from custody in violation of Welfare and Institutions Code section 871. The petition was found true; appellant was ordered to remain a ward of the juvenile court, and was placed at Camp Paige. We treat the notice of appeal as from the judgment. (See

In re Timothy N.,

48 Cal.App.3d 862, 867 [121 Cal.Rptr. 880];

In re William C,

70 Cal.App.3d 570, 577 [138 Cal.Rptr. 843].)

Welfare and Institutions Code section 871 provides: “Any person under the custody of a probation officer in a county juvenile hall, or committed to a county juvenile home, ranch, camp, or forestry camp, who escapes or attempts to escape from such county juvenile hall, home, ranch, camp, or forestry camp, is guilty of a misdemeanor.”

Appellant’s sole contention is that Rancho San Antonio, the institution from which he escaped, is not a county juvenile hall, nor a county juvenile home, ranch, camp, or forestry camp within the meaning of section 871.

Rancho San Antonio is a residential treatment facility operated by the Brothers of the Holy Cross of the Roman Catholic Church. It is widely used by the juvenile court as a “suitable placement” facility. Currently all the young men placed there were placed by the counties of Los Angeles, Orange, or San Diego; there are no private placements. Its director is Brother Robert McCarthy.

The circumstances by which appellant was placed in custody at Rancho San Antonio are derived from the testimony below, and appellant’s juvenile court file, of which we take judicial notice. (Evid. Code, §§ 452, 453, 459;