In re T.W. CA1/1

Filed 7/8/16 In re T.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A146497 v. T.W., (Marin County Super. Ct. No. JV 25858G) Defendant and Appellant.

INTRODUCTION In this appeal from the juvenile court, we are asked to review three conditions of probation imposed as a part of appellant’s disposition. The conditions are the minor abstain from use of illicit drugs, refrain from possession of weapons, and refrain from association with persons in possession of weapons. After our review, we conclude the conditions are appropriate but each one merits modification of the terms. We otherwise affirm the judgment of the trial court. STATEMENT OF THE CASE On April 8, 2014, appellant was declared to be a ward of the court by the juvenile court of Marin County. On October 28, 2014, the court placed appellant on supervised

probation for an indefinite period pursuant to Welfare and Institutions Code section 602.1 On June 12, 2015, appellant was placed at a program called Keeping Youth Journeying Onward (KYJO). However, on July 22, 2015, because of his behavior, appellant was terminated from KYJO. At approximately the same time, the probation department of Marin County noticed a motion to violate appellant’s probation pursuant to section 777. At a hearing on August 21, 2015, the trial court sustained the motion. Appellant was continued as a ward of the juvenile court and reinstated on probation on September 22, 2015, with the conditions challenged in this appeal as part of his probation. His notice of appeal was filed on October 1, 2015. When appellant arrived at KYJO, the manager of the group home explained the rules of the program and the expectations of the minors who remain there. Within the short period appellant participated in KYJO, he engaged in more than 20 rule violations triggering incident reports. The manager observed several incidents when appellant left the facility without permission. On various occasions, appellant was found in possession of pills without proper prescription. Appellant would toss urine on staff at KYJO. Because of this pattern of reprehensible behavior, appellant was removed from the program. All this took place after the minor was admonished violation of program rules would trigger his termination. A family therapist at KYJO, Andralyn Keys, was assigned to appellant and testified at the hearings. She also reminded the minor of the need for his compliance with the rules and policies of the program. During the period of one month, she was aware of 25 separate reports describing rule violations by appellant and she concluded the minor was aware of his poor performance.