525. Right to a grand jury While an unsuccessful termination finding may not have direct rehabilitative benefit, the potential for such a finding may provide incentive that does promote rehabilitative efforts. A major debate in the Constitution is over gay marriage and medical marijuana within individual states in the US. On June 25, 2020, the juvenile court adopted the department's recommendations. It helped me pass my exam and the test questions are very similar to the practice quizzes on Study.com. (2019) 35 Cal.App.5th 999, 1003 ["mental health diversion law does not apply to juveniles in delinquency proceedings"]. David C. held the minor could challenge the probation condition making him and his parents liable for the cost of psychological assessments despite not having objected to it in the juvenile court because the order was unauthorized. . The decision by the Massachusetts Supreme Judicial Court in the case Commonwealth v. Alger(1851) was related to land-use planning and dealt with the construction of a wharf on privately-owned tidelands around Boston Harbor. (In re J.M., at pp. A person's "status as a drug addict cannot itself be punished." offered an example of a statutory definition that does not require fulfillment of all probation conditions for probation to be found successful: "Penal Code section 290.46, subdivision[] (e)(2)(D)(i) and (e)(2)(D)(iv), provides that a convicted sex offender may apply for exclusion of his or her identity from the Internet if the offender `successfully completed probation,' defined as completing the term of probation without being incarcerated for a probation violation nor convicted of another offense resulting in incarceration. )10 "To establish `rehabilitation,' the petitioner `must make a showing sufficient to convince the court that criminal behavior is in the past and will not be repeated. . It will be necessary to use . . When confronted, Nicholas agreed that his treatment providers would be "upset" if he used Xanax. (a)(1)(A). Extraction Method of Land & Site Valuation. The People submitted on the probation department's recommendation, counsel stating "I don't know what else can be done. Regulations that govern zoning, city planning, building codes, and health standards fall under police power. [as of May 12, 2017].)" Code, 11375, subd. Nicholas pleaded no contest to the charges of vandalism and assault by means likely to produce great bodily injury. J.S. A private landowner has the rights to: A. On August 6, 2020, the court continued Nicholas as a ward and committed him to YOTP. Freedom from incarceration marks a `successful' completion under that statute without regard to other conditions." She thought she owned her own property. ", The probation officer stated that the department had been recommending residential treatment since January 2020 and had begun screening, but due to COVID restrictions and Nicholas's release from custody, he had been receiving outpatient treatment. I highly recommend you use this site! and David C. all involved court orders addressing the payment issue: In David C., an order expressly imposing financial liability on the minor and his parents (David C., supra, 47 Cal.App.5th at p. 670), and in Cesar G. and M.W., orders declining the minor's request for an order requiring the probation department to pay for the mandated treatment. It terminated Nicholas's probation and vacated the wardship, ending the court's supervision of Nicholas. Eminent domain. e. In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Its like a teacher waved a magic wand and did the work for me. The point was that Nicholas went around his treatment providers to obtain a prescription medication they did not believe he should take from a doctor he consulted specifically for the purpose of obtaining this medication, which was inimical to his substance abuse treatment. As we have said, in the absence of statutory authority, minors and their parents may not be required to pay the costs of treatment required as a condition of probation (Cesar G., supra, 74 Cal.App.5th at p. 1050; M.W., supra, 67 Cal.App.5th at p. 589; David C., supra, 47 Cal.App.5th at p. 671), and the effect of an order to participate in treatment as a condition of probation, absent any indication that the cost of treatment will be covered, is to require the minor and/or the minor's family to pay. In the case Gibbons v. Ogden, John Marshall wrote: "The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State commerce, .and laws for regulating the internal commerce of a State, and those which respect turnpikes, roads and ferries, are not within the powers granted to the Congress. We have already determined that any forfeiture does not preclude us from considering the merits. (a)(2).) 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 . In the underlying incident, Nicholas's father called the police about him vandalizing the family home and responding police officers observed him engaging in erratic and aggressive behavior that led to him being placed under a section 5150 psychiatric hold.

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