In re M.T. CA2/6

Filed 11/23/21 In re M.T. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re M.T., a Person Coming 2d Juv. No. B311012 Under the Juvenile Court Law. (Super. Ct. No. MJ24772) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

M.T.,

Defendant and Appellant.

Appellant meritoriously contends the juvenile court erred when it modified the conditions of his probation at a progress report hearing and ordered him to serve a term of 60 days on the Community Detention Program (CDP). The order did not comply with the statutory requirements of the Welfare and Institutions

Code section 7771 where it (1) was not preceded by notice, and (2) provided for automatic detention on the first and future violation of the CDP. Appellant has since completed the ordered detention, apparently without additional probation violations. This appeal will be dismissed as moot. We briefly discuss the procedural issue because it is a matter of public interest. FACTS AND PROCEDURAL HISTORY In December 2019, appellant was ordered a ward of the juvenile court pursuant to section 602. After serving a short term in Community Camp, appellant was released to the home of his mother, continued as a ward of the juvenile court, and was placed on probation subject to various conditions. Specifically, he was ordered to attend school, participate in “wraparound” services, and contact probation as instructed. On March 3, 2021, the juvenile court conducted a progress report hearing. The progress report filed the same day by appellant’s probation officer stated appellant was not in compliance with the conditions of his probation and recommended he complete “60 days on the Community Detention Program.” The report stated that appellant was sneaking out of the house at night, was not attending school or counseling regularly, had not made any payment toward his restitution and was unavailable for job placement on several occasions. Appellant also took pills without a prescription and had to be hospitalized. A record check revealed appellant was arrested on February 11, 2021, but the district attorney’s office elected not to file the case.