California Court of Appeal

A petition for habeas relief by two minors, claiming that the juvenile court unlawfully committed them to juvenile hall during school hours after unsuccessfully attempting to obtain their compliance with its orders that they attend school, will be treated as a petition for a writ of mandate because both minors are still subject to the jurisdiction of the juvenile court, rather than as a petition for habeas relief because neither minor is still in custody. Thus, the petition for a writ of mandate is denied as to one of the minors where the conditions required by Michael G. exist, a juvenile court may order a minor into secure custody during both school and nonschool hours. However, the petition is granted as to the other minor for the juvenile court to make findings with respect to its order finding the minor in contempt.

Appellate Information

• Decided 10/02/2012
• Published 10/02/2012

Judges

• Benke

Court

• California Court of Appeal

Counsel