BILL ANALYSIS �
AB 177
Page 1
ASSEMBLY THIRD READING
AB 177 (Mendoza)
As Amended March 16, 2011
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Hill, Mitchell | | |
| | | | |
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SUMMARY : Expands the authority of the juvenile court to order
the parent or guardian of a minor to attend anti-gang violence
parenting classes. Specifically, this bill states that if a
minor is found to meet specified criteria and the court finds
that the minor is a first-time offender and orders that a parent
or guardian retain custody of that minor, the court may order
the parent or guardian to attend anti-gang violence parenting
classes if the court finds factors exist that may indicate gang
involvement or may lead to future gang involvement.
EXISTING LAW :
1)States that if a minor is found to be within the jurisdiction
of the juvenile court by reason of the commission of a
gang-related offense, and the court finds that the minor is a
first-time offender and orders that a parent or guardian
retain custody of that minor, to order the parent or guardian
to attend anti-gang violence parenting classes.
2)Provides that the father, mother, spouse, or other person
liable for the support of the minor, the estate of that
person, and the estate of the minor are liable for the cost of
the classes, unless the court finds that the person or estate
does not have the financial ability to pay.
3)Provides when a minor is adjudged a ward of the court the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor, including medical treatment, subject to further order
of the court. To facilitate coordination and cooperation
among government agencies, the court may, after giving notice
and an opportunity to be heard, join in the juvenile court
AB 177
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proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to the minor.
However, no governmental agency shall be joined as a party in
a juvenile court proceeding in which a minor has been ordered
committed to the Division of Juvenile Justice. In any
proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law.
Nothing in this section shall prohibit agencies which have
received notice of the hearing on joinder from meeting prior
to the hearing to coordinate services for the minor.
4)States, that in the discretion of the court, a ward may be
ordered to be on probation without supervision of the
probation officer. The court, in so ordering, may impose on
the ward any and all reasonable conditions of behavior as may
be appropriate under this disposition.
5)Provides when a minor has been adjudged a ward of the court
and the court finds that required notice has been given, and
when the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian
may be required to participate with that minor in a counseling
or education program, including, but not limited to, parent
education and parenting programs operated by community
colleges, school districts, or other appropriate agencies
designated by the court.
6)The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of
any proceedings under this chapter as the court deems
necessary and proper to carry out its requirements, including
orders to appear before a county financial evaluation officer
and orders directing the parents or guardians to ensure the
minor's regular school attendance and to make reasonable
efforts to obtain appropriate educational services necessary
to meet the needs of the minor.
7)When counseling or other treatment services are ordered for
the minor, the parent, guardian, or foster parent shall be
ordered to participate in those services, unless participation
by the parent, guardian, or foster parent is deemed by the
court to be inappropriate or potentially detrimental to the
child.
AB 177
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FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "As a parent and a former
teacher, I understand the important role parents play in the
lives of our youth. The decisions we make and the guidance we
provide influence the path our children will take in their
lives. These parenting classes will provide parents a powerful
tool to learn about the pressures children face in our society,
as well as the potential consequences if their children open the
door to violence and unlawful behavior."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000078