Kern Regional Center v. R.G. CA5

Filed 4/13/21 Kern Regional Center v. R.G. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

KERN REGIONAL CENTER, F081642 Plaintiff and Respondent, (Super. Ct. No. MI003546-00) v.

R.G., OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Thomas S. Clark, Judge. Conness A. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Franson, J. and DeSantos, J.

R.G. appeals from an order adjudging him a developmentally disabled person who is a danger to himself and/or others and committing him to the custody of the State Department of Development Services. (Welf. & Inst. Code, § 6500.)1 He contends that the trial court’s conclusion violated his Fourteenth Amendment due process rights because there was insufficient evidence for the court to have concluded that a causal relationship existed between his developmental disability and his dangerousness. Kern Regional Center has not responded. We affirm. PROCEDURAL SUMMARY On February 5, 2020,2 the Kern County District Attorney filed a petition for commitment of R.G. as a person with a developmental disability who is a danger to themselves or others (§ 6500, subd. (b)(1)). The petition alleged R.G. was admitted to Napa State Hospital in 1996, after having been found incompetent to stand trial (Pen. Code, § 1368) on charges of exposing himself to a minor (Pen. Code, § 314). R.G. has been committed since 1996. The petition further alleged that R.G. “has a long history of maladaptive and dangerous behaviors, including indecent exposure, alcohol abuse, burglary, AWOL attempts, solicitation of prostitution, and breaking and entering. [He] continue[d] to acknowledge a sexual attraction to underage girls, and admit[ted] to fantasizing about them in a sexual way.” It alleged that “Kern Regional Center believes that [R.G.] would be a danger to himself and others if placed in a less restrictive setting at this time.” On July 20, the trial court conducted a bench trial. At the conclusion of the trial, the court concluded R.G. was a developmentally disabled person who was a danger to himself and/or others as a result of his developmental disability. The court further