(Id. Nicholas argues the record refutes the statement that "it is evident [Nicholas's] manipulation has led to an extensive list of failed rehabilitative options" because Nicholas completed family therapy and remained engaged with his Kaiser outpatient therapy and BAART methadone program. The Kaiser program referred Nicholas to BAART for daily methadone treatment, the probation department provided the necessary identification, Nicholas began the program on February 11, 2020, and the probation department verified his attendance. The petition stated that Nicholas was being harassed by other minors on a daily basis, had been attacked twice, resulting in injuries including a dislocated shoulder, and had not received comprehensive substance abuse treatment during the two months he had been in the YOTP program. Asked about the prescription, Nicholas said, "`but it's legit,' "and "explained he had been referred to someone by his uncle and was subsequently able to obtain the prescription for his panic disorder." . The situation would be different, of course, if Nicholas and/or his family chose to assume the cost of treatment in order to utilize a program they preferred to that which the probation department could offer.18 But the record suggests this was not the case. ), for example, observed that consideration of a claim that the juvenile court erred in ruling that probation terminated unsuccessfully "requires, as an initial matter, clarification of the meaning and consequences of an order issued at the end of a term of probation that adjudicates its completion to be unsuccessful or unsatisfactory. a. disagree about what counts as an unfunded mandate. "8, Nicholas sees a finding that probation was terminated unsuccessfully as inconsistent with the purposes of the Juvenile Court Law. ), Nicholas's argument is that the juvenile court erred in permitting him and his parents to bear the cost of the substance abuse treatment it ordered. Public Health Reports 120.1 (2005): 2027. In December 2019, Nicholas filed a motion to modify the YOTP commitment order and place him in a drug treatment program. All of the cases we have discussed concerning payment for court-ordered treatment considered the issue in the context of the minor's appeal and concluded that neither minors nor their families could be required to pay for court-ordered treatment except in the limited circumstances where statutes expressly impose this financial obligation. Regulations that govern zoning; city planning; historic zoning, which is to preserve historic structures; building codes, in which the city or state can enact ordinances regarding structures in a particular jurisdiction; and health standards fall under police power. Differing statutes require that care be taken to identify the statute at issue, use the correct statutory term, and apply the definition specific to that statute to avoid confusion as to the nature of the court's finding and its effect." . The order terminating Nicholas's probation unsuccessfully is otherwise affirmed. Macee found herself in a situation of police power in real estate. 4. Religious schools. (J.G., supra, 3 Cal.App.5th at p. 525, fn. 1050-1051; M.W., supra, 67 Cal.App.5th at p. I). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Laws must apply equally to all under like circumstances government interferences with individual rights must be 'reasonable' they must have a clear relation to some legitimate legislative purpose. The express authority for imposing financial liability on a minor does not include the cost of substance abuse or mental health treatment.17 "Parents may be liable for the `reasonable costs of support' of a minor who is detained ([ 903, subd. 454-455, 457.) Substantial compliance is commonly understood to mean `compliance with the substantial or essential requirements of something (as a statute or contract) that satisfies its purpose or objective even though its formal requirements are not complied with.' The court stated that it intended to follow the recommendation to terminate probation unsuccessfully and put the matter over for a week to deal with restitution issues. The powers of the prime minister of the United Kingdom come from several sources of the UK constitution, including both statute and constitutional convention, but not one single authoritative document.They have been described as ".problematic to outline definitively.": p.4 The UK has a fusion of powers, which means that the prime minister exercises functions in both the executive and the . Stingray: A New Frontier in Police Surveillance | Cato Institute c. escheat. . Findings issued following investigation into incident involving South Congress has the power to regulate all business activities that cross state lines or affect more than one state or other nations due to which of the following? Valdes told the probation officer that Nicholas "has repeatedly asked for a prescription, but Kaiser has never prescribed the drug" for him, and she "expressed concern" about Nicholas and "again recommended residential treatment." c. Escheat. We conclude that the court did not exceed its jurisdiction in terminating Nicholas's probation unsuccessfully. Therapist Julie Lindsay was working with Nicholas and his family through Functional Family Therapy (FFT) but suggested inpatient treatment would be most beneficial for him. She "wanted [Nicholas] to be held accountable for his actions and not be able to supersede the system.". He said he had been "told on March 4, 2021, he was not officially referred to residential treatment and provide[d] an image of a letter he reported was given to him by Mrs. In any event, Nicholas's suggestion that a juvenile court may not take any action that is not directly rehabilitative mistakenly treats rehabilitation as the sole purpose of juvenile court proceedings. At the hearing, the court made clear that the release from YOTP was necessary because it would not be safe for Nicholas to convalesce at YOTP, but that some of Nicholas's issues at YOTP were "of his own doing" in that he "engage[d] with people in a way that is blatantly offensive." c. Condemnation. The Constitution and Bill of Rights/Amendments state all of the following, Federalism a. Reject a claim for taxes. a. Eviction. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. False, The state decides to widen the highway. (Timothy N., supra, 216 Cal.App.4th at p. Selected: Which of the following is the best example of a categorical grant? Tisha is a licensed real estate agent in Texas. (In re K.C. Chapter 4 Flascards Flashcards | Chegg.com Probation respectfully recommends [Nicholas's] war[d]ship be terminated unsuccessfully. As we have said, even if possession of the Xanax was not technically a violation of probation, the manner in which Nicholas obtained the prescription demonstrated evasion of and noncompliance with his treatment plan, and the Xanax incident was not the sole basis of the juvenile court's decision. Rights and interests in real estate Flashcards | Chegg.com On June 25, 2020, the juvenile court adopted the department's recommendations. Citations are also linked in the body of the Featured Case. )6 A.V. Substantial compliance is not perfect compliance. Click on the case name to see the full text of the citing case. The court stated, "I guess the recommendation to see how hedoes in out-patient as long as he can maintain regular attendance is fine" and said it was "willing to see how he does in the 45- to 60-day period," but expressed concern that "we are still in the same place" as at disposition in August 2020, when it was seemed clear that addiction was "the heart of what Nicholas struggles with," and "residential treatment is probably in his best interest.". )11 The People rely on cases holding that the forfeiture rule does apply to at least some sufficiency of the evidence challenges in the context of sentencing. Nicholas admitted possessing "drugs that were not prescribed to [him]" and the juvenile court found the allegations true. The matter is remanded with directions to entertain any proceedings necessary to determine whether Nicholas's parents paid the costs of his court-ordered treatment by choice, as discussed herein, and, if not, to order reimbursement of the out-of-pocket costs by the appropriate agency. PDF City of Cheyenne s PROPOSED FISCAL YEAR 2024 BUDGET Page b. police power. True Police power includes all of the following EXCEPT: C. Disinherit his heirs. Perhaps Nicholas's attorney should have known this as well and requested an order requiring the probation department to pay, but it seems deeply unfair to treat this as a matter of ineffective assistance of counsel when the probation department failed to assume costs it had a statutory obligation to pay even while informing the court that the family's inability to pay might render Nicholas's treatment plan unsustainable. Nicholas argues there is no statutory authority for the juvenile court to declare that his probation was terminated "unsuccessfully. Listed below are those cases in which this Featured Case is cited. Nicholas additionally refers to his opening brief in Nicholas P. II (the appeal from his September 2019 placement at YOTP) as largely directed toward obtaining an order for residential treatment, thus illustrating that he "intently sought residential treatment." "It is clear [Nicholas] has a very serious substance abuse problem and has admitted an extensive history of illegal substance abuse including marijuana, cocaine, methamphetamine, heroin, LSD, psilocybin mushrooms and various prescription drugs, to include Xanax, Hydrocodone, Klonopin, Codeine, Promyethazine, Fentanyl and OxyContin and Clonazonam. The government's right to make laws and regulations for the general welfare is known as. He then admitted abusing his prescribed pain medication and, after a period of good performance, obtained the Xanax prescription his treatment providers refused to provide from a doctor in Los Angeles he contacted for that purpose. Whatever merit this argument might have in a case where the minor's conduct following the most recent disposition substantially complied with probation orders and conditions, that is not what happened here. flashcard sets. Nicholas argues the juvenile court's evaluation of his performance on probation had to be limited to the period following the August 2019 disposition on the supplemental petition. Chapter 2 Quiz Flashcards | Quizlet (b)(1)) and misdemeanor possession of a controlled substance (Health & Saf. The effort to slow the growth of the federal government by returning many functions to the states. 458-460.). Federalism's advantages include all of the following EXCEPT: Critics of federalism fear that competition between states and localities leads to a. Nicholas appealed, and we affirmed the rulings in an unpublished opinion. But distinguishing Cesar G., M.W. A requirement imposed by the federal government as a condition for the receipt of federal funds. Classify each operational variable below as categorical or quantitative. Nicholas's complaint that the probation officer offered no support for the statement that he refused to attend residential treatment "`as he has over the past two years'" is also misguided. Clause that deems actions of the federal government prevail over state or local governments. Nicholas appealed and we affirmed the rulings with specified modifications. 4.) Bicameralism Study with Quizlet and memorize flashcards containing terms like The Federalist paper most clearly associated with the problems of factions and the ideas of federalism is, Which of the following is NOT a concurrent power shared by the national government and state governments?, The constitutional provision that ensures that state courts enforce civil judgements of the courts of other states . "[6][7] In United States v. Morrison (2000), the court invalidated a provision of a federal law on violent crime. deemed not to have occurred." to establish and charter local governments, The constitutional provision that ensures that state courts enforce civil judgements of the courts of other states and accepts their public records as valid is, Powers reserved to the states include all of the following EXCEPT the power to. Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. Police power. Nicholas began methadone treatment on February 11 and reported feeling "`normal and focused for the first time in a long time.'" a. states disagree with policies enacted by other states. Police power. He has been diagnosed with conditions including attention deficit/hyperactivity disorder, epilepsy, depression, anxiety and post-traumatic stress disorder, and has a history of substance abuse, self-harm and Welfare and Institutions Code1 section 5150 psychiatric holds. b. I would definitely recommend Study.com to my colleagues. Identify the statement below as true or false. Since the probation department expected Nicholas's family to pay for the treatment, the "effect of the juvenile court's orders" was that Nicholas and/or his parents had to do so, or risk Nicholas being found to have violated probation. (Id. False. But Nicholas's apparent preference for residential treatment over a YOTP commitment says nothing about his attitude to residential treatment as compared to living at home while attending outpatient programs. Briefly explain how each of the following helps to minimize dysfunctional behaviors caused by budgeting: With respect to termination of juvenile probation, section 786 provides the authority and the applicable definition.7 Section 786, subdivision (c)(1), provides that "satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if the person has not failed to substantially comply with the reasonable orders of supervision or probation that are within their capacity to perform." Estate for Years vs. Each of the following entities has the power of eminent domain, EXCEPT: The question Nicholas now raises is such an issue. and his family are not liable for the program's costs"]; David C., supra, 47 Cal.App.5th at p. 671 [no authority for "holding juveniles and their parents or guardians financially liable"].). Study with Quizlet and memorize flashcards containing terms like The government's right to make laws and regulations for the general welfare is known as Select one: a. eminent domain. All other trademarks and copyrights are the property of their respective owners. c. Public utilities. (Cesar G., supra, 74 Cal.App.5th at pp. Code, 594, subd. But, as we have said, the manner in which Nicholas obtained the prescription was directly at odds with the goal of overcoming the substance abuse that was understood to be the underlying driver of his offenses. Eminent domain We are not convinced that declaring probation unsuccessfully terminated is a punishment or sanction for misconduct,9 as opposed to a consequence of failing to substantially comply with the requirements of probation. (a)(1)), assault by means likely to produce great bodily injury (id., 245, subd. Adverse possession. Less than a month later, on July 20, 2020, the probation department filed a notice of probation violation, alleging that Nicholas violated a probation order requiring that he "not knowingly use or possess any illegal drugs, marijuana, synthetic marijuana, drug paraphernalia, alcohol or any prescription drugs for which he does not have a current prescription from a duly licensed physician." succeed. Police power in real estate takes power out of the hands of property owners and places it in the hands of the government. Select one: Rehabilitation is unquestionably primary, as we have said. . Code, 245, subd. She thought she owned her own property. Section 777 sets forth the requirements for "[a]n order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority" based on violation of a condition of probation.

Romain Grosjean Salary 2021, How Did The Social Contract Affect The French Revolution, Is Michael O'neill In Progressive Commercials, Brookline College Lawsuit, What Does Killua Mean, Articles OTHER