California Legislature—2015–16 Regular Session

Assembly Bill No. 1409

Introduced by Assembly Member Irwin

February 27, 2015

An act to amend Section 601 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1409, as introduced, Irwin. Juveniles: wards.

Existing law provides that a person under 18 years of age who engages in certain noncriminal behavior, including, among other things, persistent or habitual truancy or failure to obey the reasonable and proper orders or directions of school authorities is within the jurisdiction of the juvenile court. Existing law authorizes the juvenile court to adjudge that minor to be a ward of the court.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 601 of the Welfare and Institutions Code
is amended to read:

601.  

(a) Any person under 18 years of age who persistently
or habitually refuses to obey the reasonable and proper orders or
directions of his or her parents, guardian, or custodian, or who is
beyond the control of that person, or who is under begin delete the age of end delete 18
years begin insert of age end insert when he or she violated any ordinance of any city or
county of this state establishing a curfew based solely on begin delete age end delete begin insert age, end insert
is within the jurisdiction of the juvenile begin delete court end delete begin insert court, end insert which may
adjudge the minor to be a ward of the court.

(b)  begin insert (1) end insert begin insert   end insert If a minor has four or more truancies within one school
begin delete year end delete begin insert year, end insert as defined in Section 48260 of the Education begin delete Code end delete
begin insert Code, end insert or a school attendance review board or probation officer
determines that the available public and private services are
insufficient or inappropriate to correct the habitual truancy of the
minor, or to correct the minor’s persistent or habitual refusal to
obey the reasonable and proper orders or directions of school
authorities, or if the minor fails to respond to directives of a school
attendance review board or probation officer or to services
provided, the minor is then within the jurisdiction of the juvenile
begin delete court end delete begin insert court, end insert which may adjudge the minor to be a ward of the court.
begin delete However, end delete

begin insert (2) end insert begin insert   end insert begin insert However, end insert it is the intent of the Legislature that a minor who
is described in begin delete this subdivision end delete begin insert paragraph (1) end insert , adjudged a ward
of the court pursuant solely to begin delete this subdivision end delete begin insert paragraph (1) end insert , or
found in contempt of court for failure to comply with a court order
pursuant to begin delete this subdivision end delete begin insert paragraph (1) end insert , shall not be held in a
secure facility and shall not be removed from the custody of the
parent or guardian except for the purposes of school attendance.

(c) To the extent practically feasible, a minor who is adjudged
a ward of the court pursuant to this section shall not be permitted
to come into or remain in contact with any minor ordered to
participate in a truancy program, or the equivalent thereof, pursuant
to Section 602.

(d) Any peace officer or school administrator may issue a notice
to appear to a minor who is within the jurisdiction of the juvenile
court pursuant to this section.