People v. Almalik S.

Opinion

GRIGNON, Acting P. J. Appellant Gertie K. is the mother of Almalik S., a minor adjudged to be a ward of the juvenile court pursuant to Welfare and Institutions Code section 602, after the minor admitted a violation of Vehicle Code section 10851, subdivision (a). The juvenile court declared the offense to be a felony and placed the minor on probation in the home of mother. Mother contends the juvenile court abused its discretion when it found the offense to be a felony. We conclude mother has no standing to appeal and dismiss the appeal.

[853]Facts and Procedural Background

On July 9, 1997, a nondetained petition was filed alleging the minor had unlawfully driven or taken a vehicle in violation of Vehicle Code section 10851, subdivision (a). On August 4, 1997, pursuant to Welfare and Institutions Code section 654.2, the minor was placed on informal supervision for six months subject to certain conditions. On November 7, 1997, the juvenile court terminated informal supervision because of the minor’s failure to comply with the conditions of the informal supervision. On January 7, 1998, the minor admitted the violation of Vehicle Code section 10851, subdivision (a). He was placed home on probation. On January 28, 1998, mother appealed from the “disposition and adjudication heard on January 7, 1998.”

Discussion

We consider whether a parent of a minor has standing to appeal from a judgment against the minor in a juvenile delinquency matter, where the minor has not been removed from the parent’s physical custody. Prior to 1992, Welfare and Institutions Code section 800 provided in pertinent part: “A judgment in a proceeding under Section 601 or 602 may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment.” Several appellate cases concluded that this statutory language afforded the parents of a minor adjudged to be a ward of the juvenile court pursuant to Welfare and Institutions Code section 602 standing to appeal. (In re Dargo (1947) 81 Cal.App.2d 205, 206-207 [183 P.2d 282] [parents of the minor committed to California Youth Authority are entitled to appeal to protect their own interests as well as those of the minor]; In re LeVan (1949) 93 Cal.App.2d 7 [207 P.2d 1066], fn. * [the mother of the minor released to custody of probation officer for placement in father’s home had the right to appeal as an interested party]; In re Hartman (1949) 93 Cal.App.2d 801, 804 [210 P.2d 53] [the prosecutor did not contend that the parents of a minor committed to the probation officer are not proper parties entitled to appeal]; see also Dana J. v. Superior Court (1971) 4 Cal.3d 836, 841, fn. 8 [94 Cal.Rptr. 619, 484 P.2d 595] [“We do not, of course, suggest that parents have no right of appeal under section 800 to protect their own interests.”].) Effective January 1, 1990, rule 1435(a) of the California Rules of Court was adopted relating to the right to appeal in juvenile delinquency matters. In apparent reliance on the extant appellate authority, rule 1435(a) provides that a parent may appeal from any judgment, order, or decree specified in Welfare and Institutions Code section 800 “in which the child is removed from the physical custody of the parent.”