In re Talbott

Opinion

HOLLENHORST, J. The superior court ordered minor detained in juvenile hall after finding minor to be a person described by section 602 of the [1292]Welfare and Institutions Code. Minor has petitioned for the issuance of a writ of habeas corpus relieving her from the detention order. This court granted the petition for writ of habeas corpus and issued an order to show cause why the relief prayed for should not be granted. Pending determination of the petition, this court ordered the juvenile court to conduct a detention hearing pursuant to Welfare and Institutions Code section 632 et seq.

We are called upon to decide whether a minor, having been adjudicated to fall within the provisions of Welfare and Institutions Code section 602, is entitled to a detention hearing after being detained prior to disposition.

Facts

Minor appeared initially in the Los Angeles County Superior Court, Juvenile Division, and admitted the truth of paragraph 2 of the petition, auto theft, a felony (Veh. Code, § 10851); the court, at a jurisdictional hearing, found minor to be a person described by Welfare and Institutions Code section 602. Finding minor’s residence to be in Riverside County, the court transferred jurisdiction to the Riverside County Superior Court Juvenile Division and released minor to the custody of her mother.

At the dispositional hearing held in Riverside County, the court ordered the matter continued two additional weeks to obtain further information. The court detained minor and set the matter for contested detention hearing the following day. At the time of the hearing, however, the court ruled minor was not entitled to a detention hearing.

Discussion

As we have noted, the underlying issue in the instant matter has been resolved, however, we decline to treat this case as moot for the following reasons: (1) there is a paucity of authority regarding the question; (2) it is of broad public interest; and (3) it is likely to recur yet evade review. (Ballard v. Anderson (1971) 4 Cal.3d 873, 876 [95 Cal.Rptr. 1, 484 P.2d 1345, 42 A.L.R.3d 1392]; In re Conservatorship of Fadley (1984) 159 Cal.App.3d 440, 455 [205 Cal.Rptr. 572]; In re William M. (1970) 3 Cal.3d 16, 23-25 [89 Cal.Rptr. 33, 473 P.2d 737].)

The Legislature has established a clearly defined procedure for determining which juveniles should be detained after their initial apprehension by law enforcement.