In re S.O., E073131

Background

Minor S.O. was declared a dependent in Jan 2016 for physical abuse and shortly thereafter became a ward in 2016 for sexually assaulting a foster child; the court adopted dual-status supervision with San Bernardino County Children and Family Services (CFS) as lead agency under § 241.1.
Minor was placed in a specialized sex-offender treatment program (SAMS), absconded twice (reported trafficking and substance use), and had outstanding bench warrants; he remains AWOL at the time of appeal.
San Bernardino County converted from a dual-status/lead-agency system to a single-status county effective April 30, 2019, eliminating authorization for new or continuing dual jurisdiction (§ 241.1(d)).
In June 2019 CFS moved to dismiss the dependency (§ 300) petition because dual status was no longer authorized and CFS asserted conditions warranting dismissal; probation provided a status update but no written joint recommendation was introduced at the hearing.
The juvenile court granted dismissal over the minor’s objection (who argued lack of a § 241.1 joint report, his absence, and missing statutory findings). Minor appealed. The Court of Appeal affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a § 241.1 joint recommendation report was required to modify dual status to single status by dismissing the dependency petition	CFS: dismissal appropriate because county converted to single-status and CFS complied with its case plan; no new § 241.1 report required	S.O.: § 241.1(f) requires a joint recommendation when jurisdiction is modified and dismissal required a committee/joint report including probation’s view	Court: No joint § 241.1 report was required at this stage because § 241.1 procedures had been complied with at inception; dismissal was permissible when county ended dual-status system
Whether the probation department’s participation / separate written recommendation was required for dismissal	CFS/probation: probation provided a status memo/update and made no objection; protocols allow separate recommendations if no agreement	S.O.: absence of an explicit probation recommendation or committee report meant § 241.1 procedures were not followed	Court: Probation’s on-the-record update and lack of objection support inference of concurrence; even if technical report missing, the record showed sufficient participation and any defect was harmless
Whether minor’s absence and lack of personal notice made the hearing invalid	CFS: counsel was present and minor had absconded with outstanding warrants; absence could be treated as waiver	S.O.: he lacked notice and was not present to oppose dismissal	Court: Minor’s voluntary absence (AWOL) could be treated as waiver; counsel’s presence and notice to counsel made proceeding valid
Whether juvenile court abused its discretion or failed to make required findings when dismissing dependency	S.O.: court failed to make explicit § 241.1 findings and to reasonedly determine his best interests	CFS: court had broad discretion; ample record supported dismissal and required findings were effectively satisfied	Court: No abuse of discretion; even if some formal findings were omitted, substantial evidence and the county’s change to single status rendered any omission harmless

Key Cases Cited

In re Marcus G., 73 Cal.App.4th 1008 (1999) (held § 241.1 procedures must be followed when dual status is created after dependency jurisdiction exists)
In re Joey G., 206 Cal.App.4th 343 (2012) (reversed where no joint or adequate probation report accompanied change in status)
D.M. v. Superior Court, 173 Cal.App.4th 1117 (2009) (explains § 241.1 joint-assessment requirement and protocol limits on dual jurisdiction)
In re M.V., 225 Cal.App.4th 1495 (2014) (interprets § 241.1 grant of discretion and harmlessness when much of the assessment evidence is before the court)
In re R.G., 18 Cal.App.5th 273 (2017) (discusses lead court/lead agency obligations under § 241.1 and protocol requirements)
People v. Davis, 57 Cal.4th 353 (2013) (standard for drawing reasonable inferences from the record)