In re KS

In In re K.S. (2003) 112 Cal.App.4th 118, a juvenile hearing officer found a violation of a local curfew ordinance, and the minor appealed, challenging the constitutionality of the ordinance. (Id. at p. 120.) The Court of Appeal concluded the matter was not appealable and dismissed. (Id. at p. 122.) The court explained appeals from the juvenile court are limited to those judgments enumerated in section 800, and this was not a proceeding under sections 601 and 602 or a proceeding before a juvenile court referee under sections 252 through 254. Rather, it was a proceeding before a juvenile hearing officer subject to review by a juvenile court judge under section 262. The court further noted that, while section 800 previously allowed for appeals of the denial of de novo review under section 262, section 800 has since been amended to eliminate this appellate court jurisdiction. (In re K.S., at p. 121.) The court explained: "The minor has not shown his proceeding before the juvenile hearing officer was conducted under sections 252 through 254, or 601/602, which would then give him the right to appeal to this court. Because the Legislature deleted the right to appeal to this court from a proceeding brought before a juvenile hearing officer under sections 255 through 262, section 800 provides no authority for the minor's appeal. Rather, the minor's remedy was to request a rehearing via a motion to set aside before a juvenile court judge. ( 262.) That he did not do so does not now confer upon him a right to appeal to this court." (In re K.S., supra, 112 Cal.App.4th at p. 121.) The court continued: "In sum, because the record reflects the minor appeared in the Informal Juvenile and Traffic Court on a citation for a violation of the ordinance, not on a petition under either section 601 or 602, or before a referee pursuant to sections 247 through 254, and was found guilty by a juvenile hearing officer of violating that citation and fined without being put on probation or made a ward of the court, section 800 does not provide the minor the right to appeal to this court." (In re K.S., supra, 112 Cal.App.4th at p. 122.)