Error and/or relief
The juvenile court erred in setting a maximum confinement term.
First Holding:
Welfare and Institutions Code section 726(d)(1) states that the juvenile court shall specify a maximum term of confinement if the minor is removed from the physical custody of the minor’s parent or guardian. Because the juvenile court did not remove the minor from parental custody, the juvenile court was not called upon to set a maximum term of confinement.
Authority:
WIC 726(d)(1)
In re G.C. (2020) 8 Cal.5th 1119, 1129
Second Holding:
Where a juvenile court’s order includes a maximum confinement term for a minor who is not removed from parental custody, the remedy is to strike the term.
Authority:
In re A.C. (2014) 224 Cal.App.4th 590, 592