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I feel like its a lifeline. 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. Section 786 refers to substantial compliance with reasonable orders of probation that are "within [the person's] capacity to perform." It will be necessary to use . But Nicholas's actions in obtaining the Xanax prescription evidenced a return to the sort of conduct he had previously engaged in to obtain drugs despite orders intended to help him overcome and avoid abuse, such as putting other medication in the bottle of pain medication prescribed after his shoulder surgery in order to deceive his parents and abuse the pain medication. 589-590.) Nicholas had tried and failed to obtain a Xanax prescription from his treatment providers, and recognized they would be "upset" that he was using it. Select one: Select one: He is clearly struggling with addiction and I hope he getsthe help that he needs. He is 19-and-a-half years old andI agree that Probation really does not have any furtherresources to provide to him, and I just hope that he is able to get back on the right track . . The debates between the Federalist and Anti-Federalist mainly were about, The scope and power of the central government. 18 Feb. 2014. 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. c. demonstrates concurrent powers of national and state government. As we have said, even if not a direct probation violation, the Xanax incident was an attempt to evade the requirements of the treatment program Nicholas was required to abide by. Nicholas and his family had completed therapy with the FFT program, and the probation officer had congratulated Nicholas and verbally "worked through a list of goals" that would "assist [him] in successfully terminating probation. Periodic Estate | Types of Leasehold Estates. 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. ), Nicholas's complaints about the financial burden on his family are the subject of the final section of this opinion. (In re Ashley M. (2003) 114 Cal.App.4th 1, 6.) Reject a claim for taxes. Two-party system. at pp. Although Nicholas is not eligible for relief under section 786 due to his commission of a section 707, subdivision (b), offense, we see no reason a different standard would govern the evaluation of his probation at termination. a. )6 A.V. probation." 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.". 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."

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