Education Code §48264.5/Petition is brought against a juvenile pursuant to Welfare and Institutions Code §601
Criminal Complaint Against Student
This statute is aimed solely at juveniles. Before it can be used, the minor pupil must have exhausted all the remedies as to the first three truancies. See Education Code §48264.5 (a-c).
The SARB can refer the minor pupil for truancy mediation or for filing as can the Truancy Mediator. See Welfare and Institutions Code §601.3 and 601.4.
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Infraction
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Juvenile
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Fourth-time truancy within a single school year for the minor pupil. This means that the previous three truancies and the notice provisions must be proven. See Education Code §48264.5 (a-c)
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One or more of the following:
Community service of 20 to 40 hours lasting not more than 90 days.
A one-hundred dollar fine that the parent is jointly and severally liable for.
Attendance in a court approved truancy prevention program.
Suspension or revocation of driving privileges pursuant to Vehicle Code §13202.7 when the student has been to SARB or truancy mediation.
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Education Code §48291/48293
Criminal Complaint Against Parent
The SARB refers the parent for filing. Education Code §48291.
See also, Welfare and Institutions Code §§601.3 and 601.4.
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Infraction
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Adult or Juvenile pursuant to Education Code §49295 and Welfare and Institutions Code §601.4
In this county, this offense is prosecuted in Juvenile.
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Parent or guardian fails to send their child to school.
Parent or guardian continually and willfully fails to respond to directives of the SARB or a service provider that the SARB directs the parent to go to for services.
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1st Conviction—$100 fine
2nd Conviction—$250 fine
3rd conviction—$500 fine or attendance at a parent education and counseling program.
The court can also order that the parent enroll the child in school and present proof of enrollment to the court. If the parent fails to comply, the court may hold the parent in contempt and fine them an additional $1,000. Note that the parent cannot be imprisoned as a punishment for the contempt.
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Education Code §48453/48454
Criminal Complaint Against Parent Having Control of a Minor Attending Special Continuation Education Class
The school district refers the parent for filing.
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Misdemeanor
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Adult Criminal Court
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Parent or guardian fails to compel attendance of the minor.
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1st Conviction—$50 fine
2nd and Subsequent Convictions—$50 to $500 fine and/or 5 to 25 days in county jail
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Penal Code §272(a)
Contributing to the Delinquency of a Minor
Note that this statute does not require that the minor actually be filed upon under a Welfare and Institutions Code §601 petition; it requires only that the action or the omission of action would tend to bring the minor within the provisions of Welfare and Institutions Code §601.
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Misdemeanor
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Adult Criminal Court
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The parent or legal guardian shall have duty to exercise reasonable care, supervision, protection, and control of a child under the age of 18.
They must omit to act or act in a manner that would cause or encourage the minor to come within the provisions of Welfare and Institutions Code § 601 or would cause or manifestly tend to cause the minor to remain a person within the provisions of Welfare and Institutions Code §601.
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$2,500 fine
and/or one year imprisonment in the county jail
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Penal Code §270.1—Becomes operative on January 1, 2011
Parent or Guardian of a Chronic Truant
The courts have not yet created a deferred entry of judgment program.
Prosecutors should note that school districts within a single county and within the state have different amounts of instructional days. This could result in an inequitable application of this statute.
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Misdemeanor
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Adult Criminal Court
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A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades 1 to 8.
Student is subject to compulsory full-time education or compulsory continuation education.
Pupil is a chronic truant as defined in
§48263.6 of the Education Code.
Has failed to reasonably supervise and encourage the pupil's school attendance.
Has been offered language-accessible support services to address the pupil’s truancy
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$2,000 fine
and/or one year imprisonment in county jail
or a court-created deferred entry of judgment program
The statute specifies that the defendant cannot be punished under both 270.1 and 272.
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