In re J.R.















Filed 8/2/10 In re
J.R. CA3











NOT TO BE PUBLISHED



California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.





IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

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>

In re J.R., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. J.R., Defendant and Appellant.	C063611 (Super. Ct. No. 66467)

A petition filed September 25, 2009, alleged that the
17-year-old minor, J.R., who had previously committed misdemeanor second degree burglary (Pen. Code, § 459)
and been declared a ward of the court under Welfare and Institutions Code
section 602, violated probation in that he had failed: to attend school, to obey the directions of a
probation officer, to avoid being excluded from school due to misconduct, and to participate in the
Kids Alcohol and Drug Alternative Program (KADAP).

The following
facts were adduced at a contested hearing on October 23, 2009, and November 6, 2009.
At 12:50 p.m. on September 11, 2009, Deputy Probation
Officer Adam Salas saw the minor on the street walking. School was in session until 1:30 p.m.
The minor's teacher was unaware that the minor had left campus.

On September 14, 2009, the minor was
suspended for two days for leaving campus without permission. He did not return to school on September 16, 2009, and was absent
that day as well as the next two days.

Salas received an
excuse slip from a doctor reflecting an appointment at 11:00 a.m. on September
16, 2009, and at 8:30 a.m.
on September 18, 2009. The excuse slip did not reflect that the
appointments were for the entire day or that the minor should be excused for
the rest of the day. KADAP rules
required the minor to notify probation by 10:00
a.m. if the minor would miss school for illness but the minor still
had to appear for drug testing if probation so required. The minor and his mother were informed of
this rule. The minor did not notify
probation prior to any days with unexcused absences.

Probation Unit
Supervisor Robin Toschi personally knew that the minor failed to attend
school. Her office is on campus. She received a document from the Office of
Education reflecting that the minor had been suspended on September 14, 2009.

The minor's mother
claimed that Toschi thought the minor did not belong in KADAP because of his
medical issues and medication. Mother
provided excuse slips from a dentist and the minor's doctor which excused the
minor from school from September 17,
2009, to September 25,
2009. Mother provided the
slips to Toschi after the fact and in response to being called by KADAP. Mother knew the rule required the minor to
call the day of the absence. Mother
claimed that on September 11, 2009,
the minor told his teacher he was ill and the teacher called mother. Mother informed the teacher that she would
not pick the minor up but the teacher did not tell the minor. When Mother eventually arrived, the minor was
on the grass in front of the school.

On November 6, 2009, the court found the
minor to be in violation of probation, finding mother's testimony â€