California Assembly Bill AB1409 Latest Draft

 BILL NUMBER: AB 1409INTRODUCED 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.