In re C.H.

by
The juvenile court committed a juvenile ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF) based on his commission of a sex offense listed in Penal Code section 290.008(c). At issue was whether a court could commit to the DJF a juvenile who had not committed an offense described in Welf. & Inst. Code, 707(b). The court concluded that a juvenile court lacked authority to commit a ward to the DJF under Welf. & Inst. Code, 731(a)(4) if that ward had never been adjudged to have committed an offense described in section 707(b), even if his or her most recent offense alleged in a petition and admitted or found true by the juvenile court was a sex offense set forth in section 290.008(c) as referenced in Welf. & Inst. Code, 733(c). Accordingly, the court reversed the judgment of the Court of Appeal. View "In re C.H." on Justia Law