BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator Bruce McPherson, Chair A
2001-2002 Regular Session B
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AB 1536 (Cardenas) 6
As Amended May 31, 2001
Hearing date: June 26, 2001
Government Code
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JUVENILE JUSTICE :
TRUANCY COURT PILOT PROJECT
HISTORY
Source: Los Angeles Superior Court, Juvenile Division, Hon.
Terry Friedman
Prior Legislation: None
Support: Juvenile Court Judges of California; Los Angeles County
Board of Supervisors; Los Angeles County District
Attorney's Office; Los Angeles County Sheriff's
Department; Los Angeles County Probation Union, AFSCME,
Local 685; Los Angeles Police Department; Judicial
Council; Trial Courts' Consolidated Legislation
Committee
Opposition:None known
Assembly Floor Vote: Ayes 67 - Noes 6
KEY ISSUE
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SHOULD THE TRUANCY COURT PILOT PROJECT BE ESTABLISHED IN LOS
ANGELES, AS SPECIFIED?
PURPOSE
The purpose of this bill is to create the Truancy Court Pilot
Project in Los Angeles, as specified.
Current law provides that any minor who has four or more
truancies within one school year is under the jurisdiction of
the juvenile court and may be judged a ward of the court.
(Welfare and Institutions Code (WIC) section 601(b).)
Current law creates the truancy mediation program to assist in
the resolution of juveniles who are habitually absent from
school. (WIC section 601.3.)
This bill would create the Truancy Court Pilot Project in Los
Angeles with the following features:
One Division of the Juvenile Court in Los Angeles
This bill would provide that, as "a pilot project, one division
of the juvenile court in Los Angeles County selected by the
Judicial Council shall be devoted solely to issues involving
truancy in violation of Section 601 of the Welfare and
Institutions Code, to be known as the 'truancy court.'"
Jurisdiction
This bill would require that the truancy court "have
jurisdiction over the parents or guardians of a truant, as well
as the truant, but shall exercise such jurisdiction only upon
referral by the truant's school, the School Attendance Review
Board, and the Los Angeles County Truancy Mediation Program,
following their diligent attempts to resolve the minor's truancy
problem."
Rotating Location
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This bill would require the truancy court to "regularly rotate
to different juvenile courts geographically located throughout
Los Angeles County to ensure that all residents of the county
have access to the truancy court without placing an undue
hardship on the family."
Staffing and Collaboration
This bill would require the truancy court to "be staffed by a
team of professionals, including a district attorney, public
defender, school district liaison, probation officer, mental
health professional, special education expert, and case manager
who volunteer for assignment to the truancy court, to consider
and discuss the circumstances of each case and attempt to reach
consensus on the action plan prior to a court hearing."
Coordination
This bill would require the Los Angeles Countywide Criminal
Justice Coordinating Council to coordinate the pilot project.
Sunset
This bill would sunset these provisions on January 1, 2004.
COMMENTS
1. Stated Need for This Bill
The author states:
Existing law provides for making habitually truant
minors a ward of the juvenile court (Welfare and
Institutions Code sec. 601.). This bill would
provide that, as a pilot project, one division of
the juvenile court in Los Angeles County selected
by the Judicial Council shall be devoted solely to
issues involving truancy, which would have
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jurisdiction over the parents or guardians of a
truant, but shall exercise such jurisdiction only
upon referral by specified agencies.
This bill seeks to remedy the problem of pupil
truancy, which is one predictor of future criminal
behavior and often leads to escalating negative
behavior. The current system of addressing
truancy cases prior to court intervention, School
Attendance Review Boards or SARBs, operate at
varying levels of efficiency and effectiveness.
Also, most truancy cases do not get adequate
attention and priority in delinquency courts with
calendars full of serious crimes.
In addition, the pilot project would be composed
of a multi-disciplinary team made up of a
delinquency court judge, a district attorney,
public defender, school district liaison,
probation officer, mental health professional,
special education expert, and case manager who
volunteer for assignment to the truancy court, to
consider and discuss the circumstances of each
case and attempt to reach consensus on the action
plan prior to a court hearing.
2. Background: Truancy Process
WIC section 601.3 provides that a truant student must begin
working with his or her school to resolve the truancy problem.
If unsuccessful, the case is referred to district personnel. If
the school district is unable to correct the problem, the matter
is referred to the School Attendance Review Board ("SARB").
SARB is composed of representatives from the community, schools,
social services, mental health, law enforcement, probation and
the district attorney's office. SARB members work collectively
to provide resources and suggestions in an effort to alleviate
the circumstances causing the truancy. SARB must exhaust all
resources at the community level before requesting that a
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petition be filed against a minor and/of the parent(s) or
guardian(s). In Los Angeles County, cases referred to the
district attorney for filing are first sent to the Truancy
Mediation Program for hearing. If the truancies continue, the
case is referred to juvenile court.
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3. Background: Examples From Other States
The Assembly Committee on Public Safety compiled the following
information about Truancy Courts in other states.
Delaware : A pilot Truancy Court was established in New Castle
County, Delaware, in March 1996. The Truancy Court, modeled
after the Drug Court concept, consolidates all truancy cases
in New Castle County into a Justice of the Peace Court in
Wilmington and involves visiting teachers, a deputy attorney
general, and a judge who follows the cases from arraignment to
trial, through a number of case reviews (hearings after
judgment to ensure compliance). Based on success demonstrated
with the Truancy Court concept, the Justice of the Peace Court
expanded the project to Sussex County in October 1997. The
Sussex County Truancy Court hears cases once a month (based on
availability of prosecutorial resources and caseload), with 66
cases as of January 15, 1999. The Kent County Truancy Court
was established in October 1998; as a result, the Justice of
the Peace Truancy Court functioned statewide, with 61 cases as
of January 15, 1999.
St. Louis, Missouri : During the 1999-2000 school year, the
Truancy Court is a voluntary diversion program within the
Family Court of St. Louis County. The Truancy Court was
implemented in the Ferguson-Florissant school district, with
seven additional districts joining the program for the
2000-2001 school year. The Truancy Court program is based on
a non-punitive foundation. To be eligible for the program, a
student should be exhibiting a pattern of absenteeism
indicated by 10 to 25 days of both unexcused and excused
absences or a history of excessive tardiness. Students who
have been adjudicated or involved with the Family Court or
come from families with open or on-going abuse and neglect
referrals are not considered ideal candidates for the Truancy
Court.
Rhode Island : In September 2000, a new Truancy Court was
established inside a high school in Rhode Island and meets
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every Tuesday morning. Currently, Hope High School is the
only school in Rhode Island with a Truancy Court; within two
years, Rhode Island plans to open approximately 25 courts
across the state. The new courts will be placed in schools
with relative truancy problems. The creation of the new
truancy courts will depend on the acceptance of several grant
proposals. United States Senator Lincoln Chafee has requested
federal funds from the Appropriations Committee for $1.9
million per year for the next three years. To qualify as a
truant, a student must have five consecutive unexcused
absences from school. At that point, the Family Truancy Court
will summon the child and his or her parents
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to court to face the judge. In most cases, the court requires
the student and his or her family to meet regularly with a
counselor until the underlying problem is resolved. In
extreme cases, the court imposes a fine on the parents of the
truant child of $50 per unexcused absence.
4. Evaluation
As before the Committee, this bill does not contain an
evaluation provision. The Committee has historically favored
the evaluation of pilot projects, and the author and/or the
Committee may wish to consider amending an evaluation component
into this bill.
SHOULD THIS BILL BE AMENDED TO INCLUDE AN EVALUATION COMPONENT?
5. Related Budget Item
As of the week of June 18th, there was proposed funding in the
state budget for this project.
6. Technical Amendment
The author intends to offer a technical amendment in Committee
to correct the reference to the Los Angeles Countywide Criminal
Justice Coordinating Committee.
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