Penal Codes - Ld 11 - Juvenile Law And Procedure

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Welfare and Institution Code Sections 300

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Minors found to be at the risk of physical, and or emotional abuse or neglect or in need of immediate medical care or shelter are referred to as dependent.

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Welfare and Institution Code Sections 601

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Minors found to be habitually truant, or habitually refusing to obey reasonable order or rules of school authorities or parents are referred to as status offenders.

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Welfare and Institution Code Sections 602

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Minors found to be participants in a criminal act are referred to as wards.

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Welfare and Institutions Code 625

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Requires that juveniles be advised of their legal rights when they have been taken into temporary custody without a warrant, if the minor:

- is habitually disobedient or truant,

- violated an order of the juvenile court,

- violated a law or ordinance, or

- escaped from a commitment ordered by the juvenile court.

NOTE: The Welfare and Institutions Code does not require the immediate advisement of legal rights at the time a minor is taken into temporary custody. The decision when to admonish should be based on the safety of the officer and the minor as well as the investigation.

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Welfare and Institutions Code Section 305

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Authorizes a peace officer to take a minor into temporary custody, without a warrant, under certain conditions.

A peace officer has the authority to take into temporary custody, without a warrant, a minor who...

• has immediate need for medical care,

• is in immediate danger of physical or sexual abuse, or

• has been left unattended or is in a physical environment which may pose an immediate threat to the minor’s health and safety (Welfare and Institutions Code Section 300). Additionally, the officer is required to attempt to contact the minor’s parent or guardian to determine if they are able to assume temporary custody of the minor.

Also authorizes a peace officer to take into temporary custody, without a warrant, a minor who

• is in the hospital and release of the minor to a parent or guardian poses an immediate danger to the child’s health and safety, or

• is a dependent of the court under court order when a peace officer has reasonable cause to believe the minor has violated the order or left any placement ordered by the court. (Welfare and Institutions Code Section 319)

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Welfare and Institutions Code Section 625

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Authorizes a peace officer to take a minor into temporary custody, without a warrant, under certain conditions.

A peace officer has the authority to take into temporary custody, without a warrant, a minor who...

• comes within the jurisdiction of the court (Welfare and Institutions Code Sections 601 or 602),

• is a ward of the court who has violated a court order or escaped from a court ordered commitment (Welfare and Institutions Code Sections 636 or 702), or

• is found in a public place suffering from any sickness or injury which requires medical treatment.

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Education Code Section 48264

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Authorizes a peace officer to take a minor into temporary custody under certain conditions.

A peace officer has the authority to take into temporary custody a minor who…

• is subject to compulsory, full-time or continuation education, and

• is absent from school without valid excuse within the county, city or city and county, or school district during school hours, and

• is found away from his or her home.

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Welfare and Institutions Code Section 300(a)

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A peace officer may take a child into protective custody, without a warrant, if the child has suffered, or if there is a substantial risk that the child will suffer, non-accidental serious physical harm from the child’s parent or guardian. This decision should be based on:

• the manner in which a less serious injury was inflicted,

• a history of repeated infliction of injury, or

• a combination of the above.

NOTE: “Serious physical harm” does not include age-appropriate spanking to the buttocks where there is no evidence of serious physical injury.

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Welfare and Institutions Code Section 300(b)

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A peace officer may take a child into protective custody without a warrant, if the child has suffered, or is at substantial risk of suffering, serious physical harm or illness due to a parent or guardian’s inability to provide appropriate supervision, protection, food, clothing, shelter, medical treatment or protectthe child from the conduct of another person.The inability to provide appropriate care may be due to the parent’s or guardian’s:

• mental illness,

• developmental disability, or

• substance abuse.

NOTE: A physical disability such as blindness or deafness does not hinder the raising of happy, well-adjusted children unless the parent’s disability prevents the parent from exercising adequate and appropriate care and control of the child.

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Welfare and Institutions Code Section 300(c)

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A peace officer may take a child into protective custody without a warrant, if the child has suffered, or is at substantial risk of suffering, serious emotional damage due to the conduct of the parent or guardian, or due to the parent’s or guardian’s inability to provide appropriate care.

Emotional damage may be evidenced by:

• severe anxiety,

• depression,

• withdrawal, or

• inappropriate aggressive behavior toward self or others.

NOTE: This does not apply if failure to provide adequate mental health treatment is due to religious belief or if less intrusive judicial intervention is available (e.g., counseling).

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Welfare and Institutions Code Section 300(d)

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A peace officer may take a child into protective custody without a warrant, if the child has been sexually abused or there is a substantial risk he or she will be sexually abused by a parent, guardian, or other member of the household, or if the parent or guardian knew or reasonably should have known the child was being sexually abused or at risk of sexual abuse.

According to Penal Code Section 11165.1, sexual abuse may include:

• rape,

• rape in concert,

• incest,

• sodomy,

• lewd or lascivious acts upon a child,

• oral copulation,

• penetration by a foreign object,

• child molestation, or

• unlawful sexual intercourse.

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Welfare and Institutions Code Section 300(e)

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A peace officer may take a child under the age of five into protective custody without a warrant, if the child has suffered severe physical abuse by a parent, or person known to the parent, or the parent reasonably should have known that the child was being physically abused.

Severe physical abuse includes:

• any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death.

• any single act of sexual abuse or more than one act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling, bone fracture, or unconsciousness.

• willful, prolonged failure to provide adequate food.

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Welfare and Institutions Code Section 300(f)

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A peace officer may also take a child under the age of 18 into temporary custody without a warrant, if the child’s parent or guardian has caused the death of another child through abuse or neglect.

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Welfare and Institutions Code Section 300(g)

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A peace officer may also take a child under the age of 18 into temporary custody without a warrant, if the parent or guardian is incarcerated or institutionalized and cannot arrange for the care of the child.

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Welfare and Institutions Code Section 300(i)

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A peace officer may also take a child under the age of 18 into temporary custody without a warrant, if the child has been subjected to acts of cruelty by the parent, guardian, or a member of the household.

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Welfare and Institutions Code Section 300(j)

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A peace officer may also take a child under the age of 18 into temporary custody without a warrant, if the child’s sibling has been abused or neglected, and there is substantial risk to the child as well.

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Welfare and Institutions Code Section 601(a)

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A minor who persistently or habitually refuses to obey reasonable and proper orders or directions of the parent or guardian.

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Welfare and Institutions Code Section 601(b)

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A minor, unless exempted, has four or more truancies within one school year as defined by Education Code Section 48264.5(d).

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Penal Code Section 272

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To arrest a suspect for contributing to the delinquency of a minor, the necessary crime elements are:

- committing any act, or

- omitting the performance of any duty,

- which causes or tends to cause or encourage a person under the age of 18

- to come under the provisions of Welfare and Institutions Code Sections 300, 601 or 602.

Or threatens, commands, persuades, or endeavors to induce any person under the age of 18 to fail or refuse to conform to a lawful order of the juvenile court.

Misdemeanor