CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation Violation - §777 Supp. Pet.
 20 Cards On This Topic:
  • Order changing or modifying probation by removing minor from parental custody must be upon noticed hearing.
  • Provided no new criminal offense alleged, minor's probation violation may include criminal and noncriminal misconduct.
  • Due process does not require application of reasonable doubt standard to proceedings alleging a probation violation "not amounting to a crime" under section 777(a)(2).
  • Court of Appeal erred in reversing probation violation involving possession of ammunition, and erred in reversing gang registration requirement on that basis.
  • Supplemental petition not required if court aggregates prior sustained petitions consecutive to new sustained petition.
  • Possession of bong used for smoking marijuana, without more, is not a crime in California.
  • Abuse of discretion to admit hearsay allegations in W&IC 777 report at probation revocation hearing where no showing of unavailability or good cause for dispensing with right to confrontation.
  • Although W&IC 777 does not authorize imposition of fines, court has authority to impose fines in a section 777 proceeding pursuant to other statutory provisions.
  • Because knife seized from M from credit card type object did not fall within statutory definition of "dirk or dagger," insufficient evidence to sustain allegation of supplemental petition.
  • M’s Welf. & Inst. Code §777 waiver of procedural due process rights, to hearing re possible later commitment, incomplete and invalid.
  • Juvenile ct. must make express finding under Welf. & Inst. Code §702 as to whether grand theft from person is felony or misdemeanor.
  • W&IC §726 finding of failure to reform on probation is not equivalent to W&IC §777 determination of ineffective prior disposition.
  • When custody period as probation condition has been stayed in original disposition hearing, and is later sought to be enforced, a supplemental petition must be filed and a hearing provided.
  • Hearsay not admissible to prove violation of probation for purposes of Welf. & Inst. Code §777 supplemental petition.
  • Supplemental petition need not direct more restrictive level of placement.
  • Confinement time on previously sustained petition may be aggregated in new Welf. & Inst. Code §602 hearing without finding previous disposition ineffective.
  • If time in custody imposed is stayed, supplemental petition not required if probation violated.
  • Supplemental petition under Welf. & Inst. Code §777 to move minor from lesser placement to CYA must meet due process requirements.
  • Supplemental petition must inform minor of request for more restrictive level of confinement and juvenile court must find prior order ineffective when aggregating time, even on suspended sentence.
  • Court properly denied minor right to be represented by, or have as co-counsel, his nonlawyer father.


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