CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Dual Status
 11 Cards On This Topic:
  • When M comes within both W&IC 300 and W&IC 601 or 602, child welfare services and probation dept. shall initially determine which status will serve the best interests of M and the protection of society.
  • M may not challenge timeliness of the W&IC 241.1 assessment on appeal where she forfeited it below; here, continued jurisdiction by both dependency and delinquency courts appropriate until a 241.1 determination made.
  • If discussion of statutorily required elements was inadequate in W&IC 241.1 report, any error harmless where most of the evidence M claimed was lacking in the assessment was before the court from other sources.
  • W&IC 241.1 determination was amply supported by the record, and declaring M a W&IC 602 ward was not an abuse of discretion in light of court's justifiable concern for her safety and failure of all previous dependency placements.
  • Abuse of discretion to find M a §602 ward of court without obtaining and considering joint report per W&IC §241.1 and determining whether the status of ward or dependent would best serve M's interests.
  • No merit to parents' petition for writ concerning probation department's participation in preparing W&IC 241.1 report re recommending dependency or wardship for adopted daughter who killed their dogs.
  • Juvenile ct. did not err when, in ordering W&IC 241.1 report, it declined to require PO to consider filing new W&IC 601 wardship petition against C.
  • A minor does not have a due process right to a full evidentiary hearing on a W&IC 241.1 dependent child or delinquent ward determination.
  • Determination of M's status as dependent or delinquent must be made by court before placement can be made.
  • Welf. & Inst. Code §206 requires children coming under Welf. & Inst. Code §300 be segregated from those coming under Welf. & Inst. Code §602; dual status.
  • Juvenile court facing issue of dual jurisdiction must determine, after proper assessment procedure, whether M should be treated as dependent or delinquent.


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