CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Informal Supervision
 13 Cards On This Topic:
  • PO may place minor in program of supervision in lieu of filing petition.
  • Continuance of hearing on W&IC 602 petition for six months for M to participate in a program of supervision as set forth in W&IC 654.
  • Minor cannot be denied informal supervision by reason of inability to pay restitution.
  • Juvenile court does not have authority to impose a 4th Amendment waiver as a condition of informal supervision under W&IC 654 and 654.2.
  • Probation dept. cannot condition informal supervision on M's willingness to admit alleged offense, and juvenile court erred in ratifying the policy—law requires individualized assessment.
  • 12-month limitation contemplated by W&IC 654.2 extends to and includes 1-year anniversary of the filing of the petition, and trial court had jurisdiction to reinstate proceedings.
  • M estopped from asserting error in court's failure to comply with W&IC 654.2-allowing him to challenge plea agreement after having obtained its benefit would allow him to "trifle with the court."
  • Informal supervision program available postpetition, but must be implemented before adjudication of charges alleged.
  • There is no procedure for converting formal probation disposition into informal supervision program; they are two separate, mutually exclusive programs.
  • Court cannot make true findings on W&IC §602 allegations, then order informal supervision under W&IC 654.2; findings and order inherently inconsistent.
  • PO may recommend dismissal for Welf. & Inst. Code §654 supervision, but only court can dismiss, and court need not follow PO recommendation.
  • Illegal to require minor to admit to charge for informal supervision eligibility.
  • Juvenile court has independent discretion to determine minor’s eligibility for informal probation supervision.


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