In re W.R. CA1/1

Filed 1/6/16 In re W.R. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re W.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A144659, A145118

v. (San Francisco County W.R., Super. Ct. No. JW146119) Defendant and Appellant.

Appellant W.R. appeals the juvenile court’s order assigning him to out-of-home placement and later denying his motion to modify that order. Since we find the juvenile court did not abuse its discretion, and substantial evidence supports the finding of the court that home placement is contrary to appellant’s rehabilitation and to public safety, we affirm the judgments by the trial court. STATEMENT OF THE CASE This appeal arises from a dispositional order by the San Francisco Superior Court at the end of a series of wardship petitions and probation violations by appellant.1 The

1 This case presents two appeals concerning appellant minor that were consolidated. Case No. A144659 is an appeal from an order dated January 23, 2015, in which the minor was ordered to an out-of-home placement. Case No. 145118 is an appeal from an order dated April 30, 2015, which was a denial of appellant’s motion under Welfare and Institutions Code section 778, seeking modification of the January order.

minor moved between his divorced parents’ homes, hence the procedural history of the case shifts between the superior courts of San Mateo and San Francisco counties. A. Original San Mateo County Petition. On January 15, 2013, the San Mateo County District Attorney filed an original wardship petition under Welfare and Institutions Code section 602 charging appellant with possession of a dirk or dagger (Pen. Code, § 21310, count 1), battery (Pen. Code, § 242, count 2), and resisting arrest (Pen. Code, §148, subd. (a)(1), count 3). At his jurisdictional hearing, appellant admitted a violation of count 1, with the remaining counts dismissed. At his disposition hearing, the court found minor a ward of the court and removed custody from his parents but ordered him to reside with his mother under the supervision of the Family Preservation Program. B. Second San Mateo County Petition. On July 24, 2013, the San Mateo District Attorney filed a second wardship petition accusing appellant of vandalism (Pen. Code, § 594, subd. (b)(2)(A)). The minor admitted the charge on August 14, 2013. Minor’s supervision under the Family Preservation Program was extended and he was detained at the Youth Services Center for 24 consecutive days. C. Probation Violations in San Mateo County. The probation officer filed a notice of probation violation against appellant under Welfare and Institutions Code section 777, subdivision (a) on December 19, 2013. The petition alleged minor failed to attend the Community Care Program, was truant in school attendance, failed to observe curfew, and tested positive for marijuana. The minor admitted the truancy violation and the court dismissed the remaining allegations. As a result of the violation, the court ordered 30 consecutive days of detention. On March 5, 2014, the juvenile probation department filed a new notice of probation violation. The notice alleged continued truancy, failure to attend Community Care Program, failure to follow his curfew restrictions, and positive tests for marijuana