People v. Joseph H. and Suzanne H. CA2/6

Filed 1/26/16 P. v. Joseph H. and Suzanne H. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B261312 (Super. Ct. No. 2011031422, 2012002976) Plaintiff and Respondent, (Ventura County)

v.

JOSEPH H. and SUZANNE H.,

Defendant and Appellant.

Joseph H. and Suzanne H. appeal from a November 14, 2014 order denying their motion to enjoin the collection of support costs for the care and maintenance of their adopted son C.J. at a county detention facility. (Welf. & Inst. 1 Code, § 903, subd. (a).) The trial court denied injunctive relief and reduced the outstanding balance from $1,960.50 to $1,480.50. We affirm. Facts & Procedural History Appellants are the grandparents of C.J. and adopted him after the parental rights of his biological parents were terminated. (§ 366.26.) In 2011, a

1 All statutory references are to the Welfare & Institutions Code unless otherwise stated. Section 903, subdivision (a) provides: "The father, mother, spouse, or other person liable for the support of a minor . . . shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution . . . pursuant to an order of the juvenile court."

second amended juvenile wardship petition was filed alleging theft (four counts), loitering, public intoxication, auto tampering, and battery. (Ventura County Super. Ct., Case No. 2011031422.) C.J. admitted one count of petty theft (Pen. Code, § 484, 2 subd. (a)) and admitted tampering with Joseph's vehicle (Veh. Code, § 10852). C.J. was declared a ward of the court, ordered to serve 16 days with credit for time served, and granted probation. The trial court found that appellants did not have to pay for 3 C.J.'s detention ($30 a day) because of a victim's exemption. (§ 903, subd. (e).) The November 1, 2011 minute order stated: "Any further collection of costs for prior/future detentions of the minor is to cease." On January 25, 2012, a new wardship petition was filed for commercial burglary of a Kohls department store. (Ventura County Super. Ct., Case No. 2012002976.) On February 17, 2012, C.J. admitted the Kohls burglary. The trial court continued C.J.'s wardship and ordered him to serve 90 days with 42 days credit for time served. Appellants were ordered to reimburse County for C.J.'s care and maintenance, providing they had the financial ability to do so. (§ 903, subds. (a) & (c).) In April 2014, the Franchise Tax Board intercepted appellants' $928 income tax refund pursuant to an Interagency Intercept Collection Program request by the Ventura County Superior Court Collections Unit. (Gov. Code, §§ 12419.2; 12419.8.) Appellants brought a motion for injunctive relief and prayed that the Franchise Tax Board "be restrained and enjoined from further intercepts. . . ."