Filed 11/8/21 (see concurring opn.; see concurring & dissenting opn.) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR Y.C., Petitioner, v. THE SUPERIOR COURT OF SAN A162063 MATEO COUNTY, (San Mateo County Respondent; Super. Ct. No. 20JW0474) THE PEOPLE, Real Party in Interest. After being detained on assault and firearm charges, 17-year-old Y.C. agreed to participate in a mental health assessment conducted by a family therapist, pursuant to an established protocol of the Juvenile Services Division of the San Mateo County Probation Department. The therapist provided a summary of her interview to the probation department, which included the summary in a report provided to the juvenile court at Y.C.’s detention hearings. In this writ proceeding, Y.C. contends the disclosure of the assessment interview to the probation department and juvenile court, and its use at his detention hearings, violated his constitutional right against self-incrimination and his right to counsel, as well as various privacy rights and privileges. 1 Because, during the pendency of this writ proceeding, Y.C. entered a change of plea and was released from detention, we dismiss his petition as moot to the extent it seeks relief relating to the detention order or to evidence considered at the detention hearings. In all other respects, we deny the petition. BACKGROUND A. The Charges On November 10, 2020, the juvenile court issued an arrest warrant for Y.C., then 17 years old. On the same day, the People filed a wardship petition charging Y.C. with three felonies: assault with a firearm (Pen. Code, § 245, subd. (a)(2)); carrying a loaded firearm (Pen. Code, § 25850, subd. (c)(4)); and possession of a firearm by a minor (Pen. Code, § 29610). The first count included a firearm-use enhancement (Pen. Code, § 12022.5, subd. (a)). According to the detention report, Y.C. was alleged to have shot a suspected rival gang member in the leg. Arrested on November 11, 2020, Y.C. was taken to the Juvenile Assessment Center (Assessment Center), where he met with a probation officer and invoked his rights under Miranda v. Arizona (1966) 384 U.S. 436. The probation officer spoke to Y.C.’s mother, who told the probation officer she had been concerned with Y.C.’s behavior. Y.C.’s mother reported that several months earlier, she had approached the Burlingame Police Department for assistance controlling Y.C.’s behavior. The mother indicated to police that she had noticed a “ ‘black flat thing, that is part of a gun’ ” in the family home, reprimanded Y.C., and told him to get it out of the house. B. The Assessment Center Interview San Mateo County created its Assessment Center in response to the need for “comprehensive early intervention with at-risk first-time offenders.” 2 The Assessment Center is part of a collaborative effort of the San Mateo County Juvenile Justice Coordinating Council, which brings together the county’s probation department, Behavioral Health and Recovery Services (BHRS) agency, sheriff’s department, district attorney’s office, private defender’s office, and judges of the juvenile court. …
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