In re C.S. CA1/4

Filed 8/29/14 In re C.S. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re C.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. C.S., A139971 Defendant and Appellant. (Contra Costa County Super. Ct. No. J1300771)

C.S., a minor, appeals from an order of wardship pursuant to Welfare and Institutions Code section 602 following the juvenile court’s finding that he committed the offenses of misdemeanor second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and misdemeanor petty theft (Pen. Code, §§ 484, 488). Specifically, he contends that the juvenile court abused its discretion by ordering an out-of-home placement at disposition pursuant to section 726 of the Welfare and Institutions Code.1 Finding the juvenile court’s placement order reasonable under the circumstances of this case, we affirm. I. BACKGROUND On August 14, 2013, the Contra Costa County District Attorney’s office filed a delinquency petition alleging that C.S. committed second degree commercial burglary

1 All statutory references are to the Welfare and Institutions Code unless otherwise specified.

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and petty theft, both misdemeanors, on or about October 17, 2012. The charges stemmed from a shoplifting incident involving C.S. and another boy. On the date in question, C.S. reportedly entered a Macy’s store in Antioch with the second minor, placed two pairs of jeans underneath his clothing, and attempted to leave the store without paying for the merchandise. The second minor acted in a similar fashion, placing one pair of jeans down his pants. C.S. had a pocket knife in his possession at the time of his arrest, but no wallet or money. Both boys claimed they were runaways and took the clothing because they had nothing to wear. The total value of the merchandise found on C.S., which was recovered by Macy’s, was $80.00. On September 19, 2013, following a contested jurisdictional hearing, the juvenile court found the charges to be true. The dispositional hearing was held on October 2 and 3, 2013. In its dispositional report, the Contra Costa County Probation Department (Probation) reported that the minor had been placed on informal probation in 2007 (at the age of 10) following charges of second degree burglary and vandalism. After completing counseling and community service, C.S.’s informal probation was successfully terminated in November 2007. While this current matter was pending, C.S. was additionally cited by the police in January 2013 for trespassing in a building belonging to the Pittsburgh Unified School District. Utilizing the Juvenile Assessment and Intervention System (JAIS), Probation determined that the minor had a high risk for reoffending. In addition, the minor admitted that he argued weekly with his parents and had stolen money from them on two occasions, incidents which led to confrontational arguments. After an argument about his drug use, ongoing laziness, failure to attend school, disrespectful behavior, and poor attitude which occurred a few days before his October 2012 arrest, C.S. left home and was staying in a shed in the backyard of a vacant house. After his arrest, he was released to his mother’s care, but left immediately and did not return home for a month. C.S. was placed on home supervision when he appeared in court for arraignment on September 6, 2013. However, he was terminated from the program and remanded to juvenile hall on September 11, 2013, due to his behavior at