In re D.N.
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The Supreme Court affirmed the judgment of the court of appeal affirming the judgment of the juvenile court finding true that Minor had committed one count of violating Cal. Penal Code 288.5 and order probation, thus rejecting Minor's claims that a community service provision of the disposition violated separation of powers principles and infringed his due process rights, holding that there was no error.
In affirming, the appellate court acknowledged that a juvenile court may not delegate to a probation officer the authority to determine that a minor is in violation of probation but held that, in this case, the juvenile court's order permitting the probation officer to offer Minor the option of community service for an alleged violation did not permit the probation department to decide if and when a violation of probation had occurred. The Supreme Court affirmed, holding that the juvenile court order authorizing the probation officer to offer Minor on probation the option of performing community service, in an amount chosen by the probation officer up to a maximum set by the court, in the event Minor was alleged to have violated a term of probation, did not violate due process or separation of powers principles.
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