The People v. Sebastian C.

Summary

The California Court of Appeal, First Appellate District, Division Four, held that placement in a family member’s home, together with supervision and programming provided by a community-based agency, can qualify as a less restrictive program under Welfare and Institutions Code section 875, subdivision (f). The court nevertheless dismissed the appeal as moot because the appellant had subsequently been placed in a less restrictive program.

Holdings

1. Placement in a family member's home may satisfy section 875, subdivision (f), when the ward receives supervision and programming from a community-based agency. In that circumstance, the less restrictive program is the community residential or nonresidential service program providing or coordinating the services, not merely the family home.
2. The appeal was moot because reversal of the order denying placement with Sebastian's sister would provide no effective relief after Sebastian had subsequently been placed in less restrictive programs, including placement in his mother's home.
3. The court did not decide whether the juvenile court abused its discretion because the placement order was moot.

Questions Presented

1. Whether a less restrictive program under Welfare and Institutions Code section 875, subdivision (f), may include placement in a relative's home when supervision and programming are provided or coordinated by a community-based agency.
2. Whether the appeal should be dismissed as moot after Sebastian was subsequently placed in other less restrictive programs.
3. Whether the juvenile court abused its discretion in denying the requested placement with Sebastian's sister.

Disposition

dismissed