report contained any explanation, and the record does not support the existence of any of
these grounds. The allegations against petitioners concern minor property offenses; these
are first offenses for both petitioners; and nothing suggests petitioners, 13-year-old girls,
have the means or are likely to flee the county. The facts that the probation officer
overrode the detention risk assessments solely because petitioners are dependents whose
social workers were unavailable and the juvenile court granted the social workers
permission to place petitioners in alternative locations should suitable ones become
available strongly suggest the court ordered petitioners detained in Juvenile Hall based on
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the facts they are dependents of the court and their social workers have been unable to
find placements for them. This was error: "If a minor is a dependent of the court
pursuant to Section 300, the court's decision to detain shall not be based on the minor's
status as a dependent of the court or the child welfare services department's inability to
provide a placement for the minor." (Id., §§ 635, subd. (b)(2), 636, subd. (a), italics
added.) The juvenile court should have ordered the release of petitioners to the custody
of the San Diego County Health and Human Services Agency for placement in a licensed
or approved setting. (Id., § 635, subd. (c)(2).)
DISPOSITION
The relief requested by petitioners is granted. The juvenile court is directed to
vacate the September 25, 2015 orders that petitioners be detained in Juvenile Hall and to
enter new orders releasing them to the custody of the San Diego County Health and
Human Services Agency for appropriate placement. This court's order of October 2
temporarily staying the juvenile court's September 25 orders and temporarily releasing
petitioners from custody is vacated.
MCCONNELL, P. J.
WE CONCUR:
BENKE, J.
O'ROURKE, J.
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Filed 11/2/15 CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re BIANCA S. D068942
on (San Diego County Super. Ct. No. JCM237690) Habeas Corpus.
In re D.C. D068943
on (San Diego County Super. Ct. No. JCM237689) Habeas Corpus. ORDER CERTIFYING OPINION FOR PUBLICATION
THE COURT:
The opinion in this case filed October 21, 2015, was not certified for publication.
It appearing the opinion meets the standards for publication specified in California Rules
of Court, rule 8.1105(c), the request pursuant to California Rules of Court, rule 8.1120(a)
for publication is GRANTED.
IT IS HEREBY CERTIFIED that the opinion meets the standards for publication
specified in California Rules of Court, rule 8.1105(c); and
ORDERED that the words "Not to Be Published in the Official Reports" appearing
on page 1 of said opinion be deleted and the opinion herein be published in the Official
Reports.
MCCONNELL, P. J.
Copies to: All parties
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AI Brief
AI-generated · verify before citing
Holding. The juvenile court erred by ordering the detention of dependent minors in Juvenile Hall based on their status as dependents and the lack of available social service placements, as such detention requires a showing of urgent necessity.
Issues
Whether the juvenile court erred in ordering the detention of dependent minors in Juvenile Hall without a showing of urgent necessity.
Whether a minor's status as a dependent of the court or the unavailability of a social service placement constitutes a valid legal basis for secure detention.