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 . The probation department's July 23, 2020 report stated, "Although [Nicholas] has multiple diagnoses, [he] has also exhibited manipulative behavior as evidenced in the YOTP institutional portion of the program and in the community. Nicholas argues that the "new findings of wardship" referenced in section 786 must be interpreted to mean conduct and findings postdating the most recent dispositional order because "[i]t would be nonsensical to go back in the minor's juvenile court journey to find something to disqualify him from relief," as this would defeat the purpose of providing rehabilitative services to help the minor improve over time. 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. Here are some examples of how cities or states enact police power in real estate. According to the article, this research could lead to a reduction in the cost of producing tires. L. 96-523 . Article 1, section 8, lists nineteen powers of the federal government, including all of the following EXCEPT: Which of the following does the Obama administration's legal challenge to the Arizona immigration law demonstrate? The J.S. We are not convinced that the inapplicability of section 786 relief in Nicholas's case means the juvenile court lacked authority to find probation terminated unsuccessfully. Nicholas said he would "`Just not use any more so that he would not get in trouble.'" Select one: (2011) 52 Cal.4th 231, 236. Section 781 provides an opportunity for a petition to seal juvenile records on a showing "that since the termination of jurisdiction . We find no merit to Nicholas's challenges to the termination order. Which of the following is NOT a concurrent power shared by the national government and state governments? Code, 200 et seq.) In this context, the necessary substantive evaluation is the same whether the descriptive terms applied are "satisfactory" and "unsatisfactory" or, as in the present case, "successful" and "unsuccessful. 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. An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision." 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. The stated purpose of the delegates of the Constitutional Convention of 1787 was to (Id. All can be found in the Constitution EXCEPT, Inalienable right to life, liberty, property, All of the following can be found in the 5th amendment, The "eminent domain" doctrine In affirming that Congress has limited power to enact legislation, the court ruled in United States v. Lopez (1995) that "The Constitutionwithhold[s] from Congress a plenary police power that would authorize enactment of every type of legislation. 5. (e).) (b).) . J.S. True during the period of . (Id. The framers of the Constitution put which of the following into the Constitution as a protection against being charged with a crime that was legal beforehand, due to a change in the law. The states' reserved powers include all of the following EXCEPT: The part of the Constitution that directs each state to give full faith and credit to the actions of other states is controversial because. Since the probation department expected Nicholas's family to pay for the treatment, the "effect of the juvenile court's orders" was that Nicholas and/or his parents had to do so, or risk Nicholas being found to have violated probation. Nicholas contends he could not accept or refuse residential treatment without an actual referral to a program and there was no evidence an actual referral was made, a bed located, and financing secured.13 This contention is directed to the period since the last dispositional order on August 6, 2020; Nicholas admits he refused an actual referral to residential treatment in 2019.14 However, we understand the probation officer's comments about Nicholas' refusals to mean Nicholas's expressed attitude. ", Nicholas was not present at the hearing on May 11, because he was on his way to the methadone clinic. "Not every party has standing to appeal every appealable order. A major debate in the Constitution is over gay marriage and medical marijuana within individual states in the US. 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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. Additionally, since Nicholas argues that if the issue was forfeited, he received ineffective assistance of counsel, we would have to consider the merits in any case. d. Escheat. The probation officer also reported that Nicholas's parents and therapist "suggest[ed] in-patient treatment would be the best solution for [Nicholas] ultimately" and, subsequently, that Nicholas's mother was "hoping" for him to attend residential treatment but with an $8,000 deductible and the family responsible for 35 percent of the total cost of the facility, she did not know how the family would "finance the treatment and maintain a household. "It is clear [Nicholas] has a very serious substance abuse problem and has admitted an extensive history of illegal substance abuse including marijuana, cocaine, methamphetamine, heroin, LSD, psilocybin mushrooms and various prescription drugs, to include Xanax, Hydrocodone, Klonopin, Codeine, Promyethazine, Fentanyl and OxyContin and Clonazonam. Nicholas maintains his claims are cognizable because "[c]laims regarding sufficiency of the evidence for a finding are never waived." 738. e. handling US foreign policy. Code, 245, subd. The record reflects that the probation officer knew there were concerns about Nicholas's family's ability to finance his treatment and so informed the court. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. (b) Continuous budgeting. Protection from self incrimination Perhaps Nicholas's attorney should have known this as well and requested an order requiring the probation department to pay, but it seems deeply unfair to treat this as a matter of ineffective assistance of counsel when the probation department failed to assume costs it had a statutory obligation to pay even while informing the court that the family's inability to pay might render Nicholas's treatment plan unsustainable. It helped me pass my exam and the test questions are very similar to the practice quizzes on Study.com. 525. In his view, the scope of juvenile courts' discretion to make findings regarding performance on probation is limited to findings that probation was satisfactorily completed, which is the statutory prerequisite to automatic sealing of juvenile records under section 786, and findings that the terms and conditions of probation were violated, which is the basis for revoking probation pursuant to section 777. ), On the other hand, "successful completion of probation, for purposes of dismissal under Penal Code section 1203.4, `requires that a defendant successfully complete every condition of probation for "the entire period" of probation.'" Contrary to Nicholas's characterization, the situation was not akin to the juvenile court's error in Nicholas P. III, when it found Nicholas violated the probation condition prohibiting possession of prescription drugs without a prescription based on his possession of a drug that does not in fact require a prescription. Nicholas argues there is no statutory authority for the juvenile court to declare that his probation was terminated "unsuccessfully. Regardless of whether this conduct would support a specific probation violation finding, it was certainly sufficient to show noncompliance with the November 17 and December 3, 2020 orders to participate in and complete outpatient treatment at Kaiser, which must reasonably be understood as requiring Nicholas to comply with the directives of his treatment providers.12. Nicholas points to cases that have commented on the absence of a singular established meaning for "unsuccessful" or "unsatisfactory" termination of probation, and the need to interpret these terms in the context of the particular statute at issue. 54.) d. Power of eminent domain. Aside from his claim that the juvenile court lacked authority to terminate probation unsuccessfully, Nicholas challenges the termination order on four grounds. Protection from double jeopardy. `If it doesn't work, I need residential.'" False, National Topic Tester - Land Use Controls & R, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett. A city zones an area for residential use. Another term used in place of expressed powers. at p. 1050, citing In re M.W. Some states grant local governments broad powers, known as. Nicholas's mother soon told the probation officer that there was "strain on the family and resources," as the program had a daily $15 copayment as well as $67 per counseling session, and she had to change her schedule to take Nicholas to treatment. the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court." Periodic Estate | Types of Leasehold Estates. If Nicholas's addiction resulted in a lack of capacity to comply with his treatment plan, a finding of unsatisfactory termination of probation might not be justified. Nicholas's mother was "hoping" for him to attend residential treatment but the deductible would be $8,000 and the family would also have to pay 35 percent of the total cost of the facility and she did not know how the family would "finance the treatment and maintain a household. (Cesar G., at p. 1050, quoting M.W., supra, 67 Cal.App.5th at p. Valdes stated that Nicholas would be referred to a residential program "if he is unable to comply with any of the requirements." c. escheat. Immigration enforcement is a___________ responsibility. Aside from the Xanax, Nicholas had been doing well since the last hearing on March 9, as the probation officer's memo acknowledged. Probation respectfully recommends [Nicholas's] war[d]ship be terminated unsuccessfully. (2017) 11 Cal.App.5th 697, 705 (A.V.). Police power includes all of the following EXCEPT: We agree. 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. (c) Zero-based budgeting. The owners do not want to give up the property for this purpose. ", 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. "[4] Later court cases have expanded somewhat on these restrictions by limiting the ability of states to infringe upon implied constitutional rights and by demanding a stricter standard of reasonability, but regulation of police power remains fairly minimal. "Section 786 authorizes the juvenile court to employ a streamlined, court-initiated procedure for dismissing juvenile delinquency petitions and sealing juvenile records in the custody of the juvenile court, law enforcement agencies, the probation department, and the Department of Justice, when a ward `satisfactorily completes' probation or supervision, as long as the offense is not one listed in section 707, subdivision (b).

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