In re Brandon H.
Brandon H., a minor, was declared a ward of the juvenile court (Welf. & Inst. Code, 602) after admitting to having committed a lewd or lascivious act with a child under 14 years of age in violation of Penal Code, section 288, subdivision (a), a felony. A second similar count was dismissed with a Harvey[1]waiver. The court placed him on probation and ordered out-of-home placement. Over the course of approximately four years, the minor was placed in a number of residential facilities, admitted violating probation on several occasions by failing to follow all rules at several of those facilities, and ultimately exhausted all suitable placements, either due to his continuing status as a sexual predator/pedophile, his age or both. The court finally committed the minor to the California Youth Authority (CYA; sometimes referred to as the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or DJJ) for six years and ordered that he register as a sex offender. On appeal, the minor contends the juvenile court abused its discretion by committing him to the CYA, violating his rights under Welfare and Institutions Code, section 734 and denying him due process. Court disagree and affirm the order.
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