Error and/or relief
Given that the minor was not removed from his home, it was error for the court to set the maximum term of confinement.
Holding:
When a minor is removed from the physical custody of a parent or guardian, a juvenile court must specify the maximum term of confinement. But the statute authorizes the juvenile court to specify the maximum confinement term only when a minor is removed from parental custody. Because the juvenile court did not remove the minor from his mother’s custody, the maximum confinement term should be stricken.
Authority:
WIC 726(d)(1)
In re Matthew A. (2008) 165 Cal.App.4th 537, 541