In re J.T. CA1/1

Filed 3/20/24 In re J.T. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re J.T., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J.T., A168847 Defendant and Appellant. (Napa County Super. Ct. No. 202336752-01)

Following J.T.’s admission to two counts of a lewd act upon a child, the juvenile court adjudged him a ward of the court, ordered him detained pending placement in a short-term residential treatment program, and placed him on probation with various terms and conditions. We modify the dispositional order to include J.T.’s maximum term of confinement. We otherwise affirm. I. BACKGROUND A delinquency petition (Welf. & Inst. Code, § 602, subd. (a)) filed on July 18, 2023, alleged J.T. committed eight counts of a lewd act upon a child (Pen. Code, § 288, subd. (a)) and two counts of oral copulation of a person

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under eighteen (Pen. Code, § 287, subd. (b)(1)).1 As described in the subsequent probation report, J.T. and his family were having dinner at a friend’s house when J.T.’s eight-year-old brother reportedly licked the friend’s son’s penis. The brother revealed that J.T. “had been doing the same thing to him for over a year.” A social worker interviewed the brother and J.T.’s younger sister, the latter of whom said J.T. had also touched her genitals on multiple occasions. At a hearing a few days later, the juvenile court appointed counsel for J.T. Counsel waived the reading of the petition and the advisement of rights. (§§ 633, 700.) The court found the People had made a prima facie showing that J.T. met the requirements for jurisdiction under section 602, and it ordered him detained pursuant to California Rules of Court, rule 5.760(c)(1)(E), considering there were no other family members who could care for either J.T. or his siblings. At an uncontested jurisdictional hearing on August 9, 2023, J.T. admitted to two counts of a lewd act upon a child. (Pen. Code, § 288, subd. (a).) Upon motion of the People, the juvenile court dismissed the remaining counts. The court sustained the petition, finding J.T. to be a minor described by section 602. It ordered a psychological evaluation of J.T. under Penal Code section 288.1 and set the dispositional hearing. The probation report prepared for the dispositional hearing noted concerns that J.T. and his mother were minimizing his conduct. Accordingly, the report recommended J.T. be detained in juvenile hall pending placement in a short-term residential program for sex offenders and be placed on probation subject to various terms and conditions.