In re R.B. CA3

Filed 12/22/14 In re R.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re R.B., a Person Coming Under the C075559 Juvenile Court Law.

THE PEOPLE, (Super. Ct. No. JV133565)

Plaintiff and Respondent,

v.

R.B.,

Defendant and Appellant.

Minor R.B. appeals the juvenile court’s judgment (dispositional order) committing her to a group home following a violation of her probation. She contends the matter should be remanded because the trial court failed to exercise its duty pursuant to Welfare and Institutions Code section 731, subdivision (c)1 to set a maximum period of

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

confinement when it committed her to a juvenile facility. The Attorney General agrees that the juvenile court must specify a maximum term of commitment, but contends there was no error here because the juvenile court had specified a maximum term of commitment at a previous dispositional hearing.

We conclude that although the juvenile court had previously specified a maximum term of confinement in a prior dispositional order, it vacated that order when it issued the instant dispositional order. Therefore, the juvenile court failed to exercise its duty to specify a maximum period of confinement when it ordered the minor removed from her father’s custody. Accordingly, we remand the matter to the juvenile court to specify a maximum period of confinement.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2012, a section 602 petition was filed alleging R.B. had committed misdemeanor theft (Pen. Code, § 484, subd. (a)) in July of 2011. When R.B. failed to appear at the scheduled hearing on the petition as promised, an arrest warrant issued pursuant to section 663, subdivision (a)(2). R.B. surrendered herself at juvenile hall on April 9, 2012. She was released to her father’s care and promised to appear on April 11, 2012. She was placed on informal supervision with certain directives and the petition was held in abeyance.