In re Oswaldo R.

Oswaldo, age 14, was declared a ward of the court and placed on probation after he admitted the allegation of a Welfare and Institutions Code section 602 petition that he committed misdemeanor battery on the property of a school, park, or hospital. The court dismissed an allegation of felony resisting an officer. Another section 602 petition, filed a month later, alleged two counts of felony vandalism causing damage of over $400. Days later, the probation officer filed a notice, alleging that Oswaldo had violated probation by failing to obey all laws, comply with his court-ordered curfew, attend school and behave appropriately in school. He admitted the first count, reduced to a misdemeanor; the second count and probation violation allegations were dismissed. The court removed Oswaldo from parental custody and ordered conditions of probation, to which Oswaldo objected, including that Oswaldo “not be in any specific locations where gang members are known by him to meet or gather or specific locations known by him for gang-related activity or specified by his probation officer or a parent, in writing, as involving gang-related activity, nor shall he participate in any gang-related activity.” The court of appeal affirmed, rejecting an argument that the condition was unconstitutionally vague for lacking an express knowledge requirement. View "In re Oswaldo R." on Justia Law