In re Mark B., 2026 Cal. App. Unpub. LEXIS 3743 (Cal. Ct. App. 2026)

The California 4th District Court of Appeal found struck down a probation condition requiring a youth to “participate in counseling and/or an education program…as directed by your probation officer,” finding that the condition is too indefinite. The court stated in relevant part:

We believe this condition leaves too much to the probation officer’s discretion because the court did not specify any particular kind of counseling or education program. Indeed, by putting “and/or” between education and counseling, the court did not make clear whether Mark must participate in education, counseling, or both. Because “the condition in this case contains no … standard by which the probation department is to be guided, the condition is too broad and must either be stricken or rewritten to provide the necessary specificity.” (O’Neil, supra, 165 Cal.App.4th at p. 1359.)