Ca Juvenile Law And Procedure

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PARENS PATRIAE

Back 1

(DEFINITION)

Doctrine where the court assumes parental responsibility and acts in the best interest of the juvenile.

Front 2

WI 601

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STATUS OFFENDER (Disobedient or truant minor, incorrigible)

(DEFINITION)

Any person under the age of 18 years 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.
Violates a local, age-based curfew.
Truant four or more times within one school year or school attendence review board or probation officer determines that available public & private services are insufficient or inappropriate to correct the habitual truancy or refusal to obey reasonable and proper orders/directions of school.

Front 3

WI 602

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MINOR IN VIOLATION OF LAW

(DEFINITION)

Any person under 18
who violates state or federal law
other than age-based curfew
may be a ward of the court

EXCEPTION: Certain enumerated felonies committed at age 14 or over--minor tried under general law.

Front 4

WI 625 (MIRANDA)

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CONDITIONS UNDER WHICH JUVENILE MIRANDA ADVISEMENT IS REQUIRED

The minor was habitually disobedient or truant (WI 601)

The minor violated a law or ordinance (WI 602)

The minor violated an order of the juvenile court

The minor escaped from a commitment ordered by the juvenile court

Front 5

WI 627

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OFFICER'S DUTIES WHEN TAKING A MINOR INTO TEMPORARY CUSTODY

Officer MUST allow a juvenile two completed phone calls to a parent or guardian, attorney, employer or responsible relative.

Officer SHALL immediately notify minor's parent, guardian or responsible relative.

Front 6

WI 625 (ARREST)

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AUTHORITY FOR ARREST & TEMPORARY CUSTODY

An officer may take into temporary custody without a warrant any minor who is under 18 years and the officer has reasonable cause to believe the minor is a person described in WI 601, 602.
Minor is a ward of the court and has escaped from court ordered commitment or violated court order.
Minor is found in a public place sick or injured requiring medical treatment.

Front 7

WI 305

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AUTHORITY FOR TEMPORARY CUSTODY OF DEPENDENT CHILDREN

Has a history of being abused or neglected and is at immediate risk of physical or emotional harm, or sexual abuse
Hospitalized and released to a parent poses an immediate danger to the child's health or safety.
Found in a street or pubilc place suffering from any sickness or injury requiring care or treatment.

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WI 300

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JUSTIFICATION & AUTHORITY FOR PROTECTIVE CUSTODY

Child has suffered or is at a substantial risk of suffering serious physical harm or has suffered infliction of non-accidental serious physical harm by a parent or guardian.
Does not include age-appropriate spanking to buttocks where there is no evidence of serious physical injury.

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FAMILY CODE 7002

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EMANCIPATED MINOR

(DEFINITION)

Person under 18 years who has entered into a valid marriage, or is on active dity with the U.S. armed forces or has received a declaration of emancipation per FC 7122, is considered an adult unless minor commits a crime.

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CONDITOINS OF CONFINEMENT OF MINOR

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May be held up to 6 hours in an adult facility (WI 207.1, 208)

Dependant children of the court may not be detained in a secure facility where they may come into contact with delinquents (WI 601, 602)

Juvenile prisoners must be separated from adult prisoners at all times (WI 207, 207.1)

Status offenders and law violators may not have direct contact in a secure facility (WI 601, 602)

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PC 272

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CONTRIBUTING TO THE DELINQUENCY OF A MINOR

(MISDEMEANOR)

Commit any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code.