In re E.M. CA3

Filed 12/7/23 In re E.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re E.M., a Person Coming Under the Juvenile Court C097739 Law.

THE PEOPLE, (Super. Ct. No. JJC-JV-DE- 2022-0001268) Plaintiff and Respondent,

v.

E.M.,

Defendant and Appellant.

E.M. (hereafter the minor) has a history of running away from home. Her childhood and family life have been fraught with complex domestic problems, mental health issues, and drug and alcohol use. Prior to a contested jurisdictional hearing on a petition alleging the minor committed battery, the juvenile court considered whether the minor was suitable for a program of informal supervision (diversion), pursuant to

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Welfare and Institutions Code section 654.2.1 Determining that she was not suitable, the juvenile court denied the minor’s request to participate in such a program. On appeal, the minor contends that she was deprived of a fair hearing because the juvenile court failed to exercise its independent discretion when it denied diversion. We affirm. LEGAL AND FACTUAL BACKGROUND One morning before school, the minor got into a physical altercation with her aunt at her grandmother’s home. The Marin County District Attorney filed a wardship petition under section 602 alleging the minor committed battery (Pen. Code, § 242). At an initial detention hearing on October 3, 2022, the minor’s plea was deferred, and the matter was continued until October 24, 2022, for the juvenile court to decide whether the minor was suitable for juvenile diversion pursuant to section 654.2. To assist with its decision on whether to order informal supervision, the juvenile court directed the probation department to prepare a “654.2 report,” otherwise known as a diversion suitability report. The probation department provided a 31-page report for the October 24, 2022, hearing. The report addressed the allegations at issue, the minor’s prior contacts with law enforcement, and family social factors; provided summaries of interviews with the minor, parents, and the victim; and made recommendations to determine the best path forward for the minor. The probation department ultimately determined the minor was not suitable for diversion based on the complexity of her family history and trauma, and because it believed that the minor’s needs indicated a period of more than six months would be needed to mitigate the factors that brought her before the juvenile court. At the minor’s request, the juvenile court deferred ruling on her diversion suitability and set a pretrial conference for October 31, 2022. At the continued diversion