In re L.T. CA2/3

California Court of Appeal Mar 4, 2021 No. B298109Unpublished

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Holding. The court held that a juvenile court may issue a restraining order under Welfare and Institutions Code section 213.5 based on evidence that a minor disturbed the peace of the protected party, without requiring proof of potential future harm. Additionally, the court held that while the juvenile court lacked jurisdiction to terminate a restraining order during a pending appeal, it possessed the discretionary authority to seal school district records under section 786.

Issues

Whether a juvenile court must find a risk of future harm to issue a restraining order under Welfare and Institutions Code section 213.5.
Whether the juvenile court retained jurisdiction to terminate a restraining order after a notice of appeal was filed.
Whether the juvenile court has the authority to seal school district records under Welfare and Institutions Code section 786.

Disposition. Affirmed in part and reversed in part.

Quotations verified verbatim against the opinion

“section 213.5 does not require evidence of a reasonable apprehension of future physical abuse or other harm before the juvenile court may issue a restraining order.”

“The juvenile court did not have jurisdiction over the restraining order once L.T. filed his appeal, and had no power to make any order affecting the restraining order.”

“The juvenile court erred when it declined to exercise its discretion whether to seal L.T.’s school district records.”

Filed 3/4/21 In re L.T. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re L.T., a Person Coming B298109, consolidated Under the Juvenile Court Law. with B301335

THE PEOPLE, Los Angeles County Super. Ct. No. PJ53103 Plaintiff and Respondent,

L.T.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Fred J. Fujioka, Judge of the Juvenile Court and Phyllis Shibata, Judge Pro Tempore of the Juvenile Court. Affirmed in part and reversed in part.

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A wardship petition alleged minor L.T. committed sexual battery. After a hearing, the juvenile court imposed a three-year restraining order, and L.T. appealed. The court subsequently dismissed the petition, but found it lacked jurisdiction to terminate the restraining order. The court agreed to seal court records, but concluded it did not have authority to seal school district records. L.T. filed a second appeal which we consolidated with the first appeal. We reverse the juvenile court’s denial of L.T.’s request to seal the school district records, and otherwise affirm. BACKGROUND A petition under Welfare and Institutions Code1 section 602, filed November 16, 2018, alleged that on October 1, 2018, 15-year-old L.T. committed misdemeanor sexual battery (Pen. Code, § 243.4, subd. (e)(1)) against Arianna D. The juvenile court issued a temporary restraining order on November 30, 2018, prohibiting L.T. from contacting Arianna D., and set a hearing on a permanent restraining order. At the May 14, 2019 hearing, minor Arianna D. testified she was playing volleyball on the blacktop at her high school on October 1, 2018, when L.T. ran up from behind, put his right

In re L.T. CA2/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EGERTON, J.

EDMON, P. J.

DHANIDINA, J.

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