People v. Jeffrey M.

jointly and severally liable pursuant to section 730.7 for the restitution ordered. Maria appeals from this order only.

DISCUSSION

The order of the juvenile court making Maria jointly and severally liable for restitution to the victim is an appealable order. Although section 800 does not expressly afford a minor’s parent the right to appeal a judgment or order of the juvenile court made in a section 601 or 602 proceeding, a parent has the authority to appeal to protect his or her own interests. {Dana J. v. Superior Court (1971) 4 Cal.3d 836 , 841 [ 94 Cal.Rptr. 619 , 484 P.2d 595 ]; In re Dargo (1947) 81 Cal.App.2d 205 , 207 [ 183 P.2d 282 ].) Also, section 730.7 expressly authorizes the juvenile court to make the mother jointly and severally liable for the restitution ordered pursuant to Civil Code section 1714.1. Judgments obtained pursuant to Civil Code section 1714.1 are reviewable on appeal. (Code Civ. Proc., § 904.1, subd. (a)(1).)

Section 730.7 provides as follows: “(a) In a case in which a minor is ordered to make restitution to the victim or victims, or the minor is ordered to pay fines and penalty assessments under any provision of this code, a parent or guardian who has joint or sole legal and physical custody and control of the minor shall be rebuttably presumed to be jointly and severally liable with the minor in accordance with Sections 1714.1 and 1714.3 of the Civil Code for the amount of restitution, fines, and penalty assessments so ordered, up to the limits provided in those sections, subject to the court’s consideration of the parent’s or guardian’s inability to pay. When considering the parent’s or guardian’s inability to pay, the court may consider future earning capacity, present income, the number of persons dependent on that income, and the necessary obligations of the family, including, but not limited to, rent or mortgage payments, food, children’s school tuition, children’s clothing, medical bills, and health insurance. The parent or guardian shall have the burden of showing an inability to pay. The parent or guardian shall also have the burden of showing by a preponderance of the evidence that the parent or guardian was either not given notice of potential liability for payment of restitution, fines, and penalty assessments prior to the petition being sustained by an admission or adjudication, or that he or she was not present during the proceedings wherein the petition was sustained either by admission or adjudication and any hearing thereafter related to restitution, fines, or penalty assessments.” (§ 730.7, subd. (a), italics added.)

Maria argues that section 730.7 allows parental liability only when the restitution order is imposed upon a person who is a “minor,” and that the operable date is the date of the restitution order. She argues that the purpose behind section 730.7 is not to impose liability on parents per se, because this is contrary to the general rule found in the common law that parents are not liable for damages arising out of the torts of their children. (Perry v. Simeone (1925) 197 Cal. 132 , 136 [ 239 P. 1056 ]; Van Den Eikhof v. Hocker (1978) 87 Cal.App.3d 900 , 904 [ 151 Cal.Rptr. 456 ].) She contends that the statute simply recognizes the support obligation arising out of the parent/child relationship and that, once Jeffrey turns 18, the premise for the vicarious liability provided in section 730.7 disappears. Before age 18, Jeffrey is not an emancipated person. Once 18, however, he is, and the victim may recoup his losses directly from Jeffrey’s future earnings, consistent with the Legislature’s intent that restitution be imposed directly on Jeffrey. He is no longer a minor and the statute does not authorize vicarious liability. (See § 730.6, subd. (a)(1) [victim shall receive direct restitution from minor].) Using this analysis, Maria contends that she cannot be held liable for the restitution order because Jeffrey was 18 on the date the order was imposed.

We have found no cases addressing the term “minor” as used in section 730.7. The term is not defined in the Welfare and Institutions Code per se. The Family Code defines “minor” as traditionally understood, anyone under the age of 18. (Fam. Code, § 6500.) We accept this definition as far as it goes. The issue in this case becomes, however, at what time must the person in question be a “minor” for purposes of section 730.7—at the time of the offense, the date of the dispositional hearing, the date of the restitution order, or some other time?

Section 602 sets the time for determining whether a person falls within the jurisdiction of the juvenile delinquency law as one who is under the age of 18 at the time he or she violates the law of the state. The statutory scheme uses various words throughout to describe persons subject to delinquency jurisdiction and the orders of the juvenile court. “Ward,” “dependent child,” “person,” and “minor” are all used, alone and in combination. (See §§ 634, 903, 871, 880, 903.1.) Section 730.7 uses only the word “minor.” To determine the meaning of a word or term used in a statutory scheme, we must look at the context of the statutory scheme. (Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644 , 658-659 [ 25 Cal.Rptr.2d 109 , 863 P.2d 179 ] [meaning of a statute may not be determined from a single word or sentence but must be construed in context; provisions relating to same subject matter must be harmonized if possible]; see also Webster v. Superior Court (1988) 46 Cal.3d 338 , 344 [ 250 Cal.Rptr. 268 , 758 P.2d 596 ] [when interpreting statute each sentence must be read in light of the statutory scheme].)

Maria relies on In re Jesse V. (1989) 214 Cal.App.3d 1619 [ 263 Cal.Rptr. 369 ] to support her contention that the Legislature intended the vicarious liability provisions of section 730.7 to apply only where the restitution order is made at a time where the delinquent was still a minor and has not reached the age of majority. In Jesse V, the issue was whether a county could seek reimbursement pursuant to section 903 from the parents of a section 602 ward for the reasonable costs expended for the support and maintenance of a ward placed outside the family home after the ward turns 18. Section 903 provides that a parent or guardian liable for the support of the “minor” who is placed outside the home is liable to the county for the cost of the minor’s placement up to the statutory limits. (§ 903.) The county argued, as does the respondent here, that the term “minor” should be interpreted throughout the Welfare and Institutions Code to mean all wards of the juvenile court, i.e., any person who is a minor at the time of the offense. In a brief discussion, we rejected this argument by looking at section 902, another related provision dealing with the cost of support for a ward placed outside the home. In section 902, the Legislature used multiple terms to describe persons subject to its provisions, “ward, dependent child, or other minor person.” We concluded that the Legislature must not have intended the term “minor” to apply to all wards of the juvenile court in section 903, because it limited its reference to “a minor.” Rather, we reasoned that by not including “a ward or dependent child” in section 903, the legislative implication is that the term “minor,” as used in section 903, was intended “in the traditional sense, i.e., a person under 18 years of age.” (In re Jesse V, supra, 214 Cal.App.3d at pp. 1622-1623.) We agree with this analysis as far as it goes, but do not believe the same result is compelled here.

First, the discussion in Jesse V. was limited to two related provisions of the statutory scheme, sections 902 and 903. These two sections deal with the exact same subject matter. There was no attempt in Jesse V. to apply the same rationale to the entire statutory scheme. (Roberts v. City of Palmdale (1993) 5 Cal.4th 363 , 372 [ 20 Cal.Rptr.2d 330 , 853 P.2d 496 ] [cases are not authority for propositions they do not consider].) Second, the analysis did not stop with a comparison of the words used, but extended to the underlying rationale behind the right of the county to seek reimbursement from parents for the maintenance and support of their children while in custody. As we stated, “[t]he statute refers to the costs of support of the minor while the minor is ‘placed, or detained in, or committed to, any institution or other place’ indicating the ward must be a minor while placed outside the family home. Further, as noted above, the validity of section 903 is dependent on the existence of a support obligation. In general, once the child turns 18, this support obligation ends.” (In re Jesse V., supra, 214 Cal.App.3d at p. 1623.)

In contrast, there are other provisions of the Welfare and Institutions Code where it would be ludicrous to conclude that the use of the word “minor”

requiring notice to the parents that they may be held liable for any restitution order imposed under section 730.7, provides:

“(a) If a petition alleges that a minor is a person described by Section 602 and the petition is sustained, the court, in addition to the notice required by any other provision of law, may issue a citation to the minor’s parents or guardians, ordering them to appear in the court at the time and date stated for a hearing to impose a restitution fine pursuant to Section 730.6.

“(b) The citation shall notify the parent or guardian that, at the hearing, the parent or guardian may be held liable for the payment of restitution if the minor is ordered to make restitution to the victim. . . .”

The notice mandated by this section refers specifically to section 602 and requires notice of liability to parents of a “minor” as defined by section 602. This is consistent with our reading of the statute. Liability is tied directly to jurisdiction of the juvenile court as defined by section 602, i.e., a person under 18 years of age at the time of the offense.

Section 730.6, the statute imposing direct liability for restitution on the minor, without which there can be no vicarious liability, states that it is the intent of the Legislature that a victim recover directly from a “minor” who “is found to be a person described in section 602 . . . .” (§ 730.6, subd. (a)(1).) Subdivision (a)(2) of section 730.6 again puts the operative date at the date of the offense by direct reference to section 602. The remaining portions of the statute use only the term “minor,” and not the term “ward” or “dependent child.” (§ 730.6, subds. (d)(1) & (2), (e), (g) & (p).) Under this section, the operative date for purposes of the restitution order is the date of the offense. As a result, an examination of section 730.7 in the context of its related provisions within the statutory scheme, sections 729.5 and 730.6, supports a broader interpretation of the term “minor” than the one proffered by Maria. (Collection Bureau of San Jose v. Rumsey (2000) 24 Cal.4th 301 , 310 [ 99 Cal.Rptr.2d 792 , 6 P.3d 713 ] [we are to examine the statutes in their context and with other legislation on the same subject].)

The legislative intent of section 730.7 is to impose joint and several liability on the parents for the economic damages arising out of the criminal acts of their children while they are minors, even when the delinquent child reaches majority, before the restitution order can be imposed. Section 730.7 is intended to transfer the vicarious liability policy endorsed by Civil Code section 1714.1 to juvenile court proceedings, in part, so that victims of a crime committed by a minor may seek restitution from the parents without the need for a separate independent civil action. (See Assem. Com. on Public Safety, analysis of Assem. Bill No. 1629 (1993-1994 Reg. Sess.) Jan. 11,