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CYA Resources

Sample CYA Briefs & Pleadings Opinions FDAP Articles & Outlines Other CYA Resources CYA Statutes

 

Abuse of Discretion
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AOB Arguing Lack of Probable Benefit from Commitment to CYA (posted Sept. 2005). Therapist and probation officer state that minor won't get necessary mental health treatment.

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AOB Arguing Abuse of Discretion in Commitment to CYA, In re Andrew G., no. A105329 (Cal.Ct.App. 1st Dist., Div. 5; Aug. 31, 2004); Read unpublished opinion in Andrew G. here.

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Reply Brief Arguing Abuse of Discretion in Commitment to CYA, In re Andrew G., no. A105329 (Cal.Ct.App. 1st Dist., Div. 5; Aug. 31, 2004); Read unpublished opinion in Andrew G. here.

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Motion for Judicial Notice of Legislative History of 1984 Amendment to WI section 202. (The five-part legislative history is posted on FDAP's CYA Other Resources page.) New - posted Sept. 9, 2005

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Motion for Judicial Notice of Farrell Complaint & CYA Report. Panel attorneys arguing on appeal that the juvenile court abused it discretion in commiting a minor to CYA might consider relying on the complaint in Farrell v. Harper and the CYA reports This sample “Request for Judicial Notice” which can be used as a template for a motion for judicial notice of the reports and/or complaint, and the consent decree.

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779 Proceedings
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Sample Petition for Modification of CYA Commitment

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Section 731(b) Discretion in Determining Maximum Term of Confinement
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Motion for Judicial Notice of Amicus Brief of Youth Law Center (YLC) in In re Sean W., no. A107500 (1st Dist., Div. 2). (Posted Mar. 3, 2005.)

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Amicus Brief of Youth Law Center (YLC) in In re Sean W., no. A107500 (1st Dist., Div. 2). (Posted Jan. 19, 2005.)

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AG's Respondent's Brief Regarding Failure to Exercise Discretion in Determing Maximum Confinement Time Under Recently Amended Section 731(b). (Brief signed Oct. 28; Posted here Dec. 21; Note: large file.)

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AOB Arguing Failure to Exercise Discretion in Determing Maximum Confinement Time Under Recently Amended Section 731(b), author: Thea Greenhalgh.

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Argument: Matter must be remanded because the juvenile court failed to exercise its discretion in setting the maximum term of confinement, author: Jenny Huang.

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Insufficient Evidence of Probable Benefit
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Argument: Committing a minor to CYA without sufficient evidence of probable benefit, a statutory mandate, violates the minor's due process rights, author: Rita Swenor.

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Argument: CYA commitment order should be reversed because there was a lack of evidence in the record demonstrating that the minor would probably benefit from a CYA commitment, author: Jenny Huang.

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