BILL NUMBER: AB 1409 INTRODUCED
BILL TEXT
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 the age
of 18 years of age when he or she violated any
ordinance of any city or county of this state establishing a curfew
based solely on age age, is within the
jurisdiction of the juvenile court court,
which may adjudge the minor to be a ward of the court.
(b) (1) If a minor has four or more
truancies within one school year year,
as defined in Section 48260 of the Education Code
Code, 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
court court, which may adjudge the
minor to be a ward of the court. However,
(2) However, it is the intent of
the Legislature that a minor who is described in this
subdivision paragraph (1) , adjudged a ward of
the court pursuant solely to this subdivision
paragraph (1) , or found in contempt of court for failure to
comply with a court order pursuant to this subdivision
paragraph (1) , 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.