SECTIONS 245-265 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 245-265

245. Each superior court shall exercise the jurisdiction conferred
by this chapter, and while sitting in the exercise of such
jurisdiction, shall be known and referred to as the juvenile court.
Appealable orders and judgments of the juvenile court are subject to
the appellate jurisdiction of the court of appeal.

245.5. In addition to all other powers granted by law, the juvenile
court may direct all such orders to the parent, parents, or guardian
of a minor who is subject to any proceedings under this chapter as
the court deems necessary and proper for the best interests of or for
the rehabilitation of the minor. These orders may concern the care,
supervision, custody, conduct, maintenance, and support of the minor,
including education and medical treatment.

246. The presiding judge of the superior court shall annually, in
the month of January, designate one or more judges of the court to
hear all cases under this chapter during the ensuing year, and shall,
from time to time, designate such additional judges as may be
necessary for the prompt disposition of the judicial business before
the juvenile court.
In all counties where more than one judge is designated as a judge
of the juvenile court, the presiding judge of the superior court
shall also designate one such judge as presiding judge of the
juvenile court.

247.5. The provisions of Sections 170 and 170.6 of the Code of
Civil Procedure shall apply to a referee, provided, that the
presiding judge of the juvenile court shall if the motion is granted
reassign the matter to another referee or to a judge of the juvenile
court.

248. (a) A referee shall hear those cases that are assigned to him
or her by the presiding judge of the juvenile court, with the same
powers as a judge of the juvenile court, except that a referee shall
not conduct any hearing to which the state or federal constitutional
prohibitions against double jeopardy apply unless all of the parties
thereto stipulate in writing that the referee may act in the capacity
of a temporary judge. A referee shall promptly furnish to the
presiding judge of the juvenile court and the minor, if the minor is
14 or more years of age or if younger has so requested, and shall
serve upon the minor's attorney of record and the minor's parent or
guardian or adult relative and the attorney of record for the minor's
parent or guardian or adult relative a written copy of his or her
findings and order and shall also furnish to the minor, if the minor
is 14 or more years of age or if younger has so requested, and to the
parent or guardian or adult relative, with the findings and order, a
written explanation of the right of those persons to seek review of
the order by the juvenile court.
(b) Service, as provided in this section, shall be made as
follows:
(1) If a minor, parent, or guardian is present in court at the
time the findings and order are made, then the findings and order may
be served in court on any minor, parent, or guardian who is present
in court on that date and a written explanation of the right to seek
review of the order as required pursuant to subdivision (a) shall be
furnished at that time.
(2) If paragraph (1) is not applicable, service shall be made by
mail, within the time period specified in Section 248.5, to the last
known address of those persons or to the address designated by those
persons appearing at the hearing before the referee and the mailing
shall include, if applicable, the written explanation of the right to
seek review of the order. If the parent or guardian does not have a
last known address designated, then service by mail shall be to that
party in care of his or her counsel.

248.5. All written findings and orders of the court shall be served
by the clerk of the court personally or by first-class mail within
three judicial days of their issuance on the petitioner, the minor or
the minor's counsel, the parent or the parent's counsel, and the
guardian or the guardian's counsel.

249. No order of a referee removing a minor from his home shall
become effective until expressly approved by a judge of the juvenile
court.

250. Except as provided in Section 251, all orders of a referee
other than those specified in Section 249 shall become immediately
effective, subject also to the right of review as hereinafter
provided, and shall continue in full force and effect until vacated
or modified upon rehearing by order of the judge of the juvenile
court. In a case in which an order of a referee becomes effective
without approval of a judge of the juvenile court, it becomes final
on the expiration of the time allowed by Section 252 for application
for rehearing, if application therefor is not made within such time
and if the judge of the juvenile court has not within such time
ordered a rehearing pursuant to Section 253.
Where a referee sits as a temporary judge, his or her orders
become final in the same manner as orders made by a judge.

251. The judge of the juvenile court, or in counties having more
than one judge of the juvenile court, the presiding judge of the
juvenile court may establish requirements that any or all orders of
referees shall be expressly approved by a judge of the juvenile court
before becoming effective.

252. At any time prior to the expiration of 10 days after service
of a written copy of the order and findings of a referee, a minor or
his or her parent or guardian or, in cases brought pursuant to
Section 300, the county welfare department may apply to the juvenile
court for a rehearing. That application may be directed to all or to
any specified part of the order or findings, and shall contain a
statement of the reasons the rehearing is requested. If all of the
proceedings before the referee have been taken down by an official
reporter, the judge of the juvenile court may, after reading the
transcript of those proceedings, grant or deny the application. If
proceedings before the referee have not been taken down by an
official reporter, the application shall be granted as of right. If
an application for rehearing is not granted, denied, or extended
within 20 days following the date of its receipt, it shall be deemed
granted. However, the court, for good cause, may extend the period
beyond 20 days, but not in any event beyond 45 days, following the
date of receipt of the application, at which time the application for
rehearing shall be deemed granted unless it is denied within that
period. All decisions to grant or deny the application, or to extend
the period, shall be expressly made in a written minute order with
copies provided to the minor or his or her parent or guardian, and to
the attorneys of record.

253. A judge of the juvenile court may, on his own motion made
within 20 judicial days of the hearing before a referee, order a
rehearing of any matter heard before a referee.

254. All rehearings of matters heard before a referee shall be
before a judge of the juvenile court and shall be conducted de novo.

255. The court may appoint as subordinate judicial officers one or
more persons of suitable experience, who may be a probation officer
or assistant or deputy probation officers, to serve as juvenile
hearing officers on a full-time or part-time basis. A hearing officer
shall serve at the pleasure of the court, and unless the court makes
an order terminating the appointment of a hearing officer, the
hearing officer shall continue to serve until the appointment of his
or her successor. The court shall determine whether any compensation
shall be paid to hearing officers, not otherwise employed by a public
agency or holding another public office, and shall establish the
amounts and rates thereof. An appointment of a probation officer,
assistant probation officer, or deputy probation officer as a
juvenile hearing officer may be made only with the consent of the
probation officer. A juvenile court shall be known as the Informal
Juvenile and Traffic Court when a hearing officer appointed pursuant
to this section hears a case specified in Section 256.

256. Subject to the orders of the juvenile court, a juvenile
hearing officer may hear and dispose of any case in which a minor
under the age of 18 years as of the date of the alleged offense is
charged with (1) any violation of the Vehicle Code, except Section
23136, 23140, 23152, or 23153 of that code, not declared to be a
felony, (2) a violation of subdivision (m) of Section 602 of the
Penal Code, (3) a violation of the Fish and Game Code not declared to
be a felony, (4) a violation of any of the equipment provisions of
the Harbors and Navigation Code or the vessel registration provisions
of the Vehicle Code, (5) a violation of any provision of state or
local law relating to traffic offenses, loitering or curfew, or
evasion of fares on a public transportation system, as defined by
Section 99211 of the Public Utilities Code, (6) a violation of
Section 27176 of the Streets and Highways Code, (7) a violation of
Section 640 or 640a of the Penal Code, (8) a violation of the rules
and regulations established pursuant to Sections 5003 and 5008 of the
Public Resources Code, (9) a violation of Section 33211.6 of the
Public Resources Code, (10) a violation of Section 25658, 25658.5,
25661, or 25662 of the Business and Professions Code, (11) a
violation of subdivision (f) of Section 647 of the Penal Code, (12) a
misdemeanor violation of Section 594 of the Penal Code, involving
defacing property with paint or any other liquid, (13) a violation of
subdivision (b), (d), or (e) of Section 594.1 of the Penal Code,
(14) a violation of subdivision (b) of Section 11357 of the Health
and Safety Code, (15) any infraction, or (16) any misdemeanor for
which the minor is cited to appear by a probation officer pursuant to
subdivision (f) of Section 660.5.

256.5. A juvenile hearing officer may request the juvenile court
judge or referee to issue a warrant of arrest against a minor who is
issued and signs a written notice to appear for any violation listed
in Section 256 and who fails to appear at the time and place
designated in the notice. The juvenile court judge or referee may
issue and have delivered for execution a warrant of arrest against a
minor within 20 days after the minor's failure to appear as promised
or within 20 days after the minor's failure to appear after a
lawfully granted continuance of his or her promise to appear. A
juvenile hearing officer who is also a referee or juvenile court
judge may personally issue the warrant of arrest.

257. (a) (1) Except in the case of infraction violations, with the
consent of the minor, a hearing before a juvenile hearing officer, or
a hearing before a referee or a judge of the juvenile court, where
the minor is charged with an offense as specified in this section,
may be conducted upon an exact legible copy of a written notice given
pursuant to Article 2 (commencing with Section 40500) of Chapter 2
of Division 17 or Section 41103 of the Vehicle Code, or an exact
legible copy of a written notice given pursuant to Chapter 5C
(commencing with Section 853.5) of Title 3 of Part 2 of the Penal
Code when the offense charged is a violation listed in Section 256,
or an exact legible copy of a citation as set forth in subdivision
(e) of Section 660.5, in lieu of a petition as provided in Article 16
(commencing with Section 650).
(2) Notwithstanding any other provision of law, in the case of
infraction violations, consent of the minor is not required prior to
conducting a hearing upon written notice to appear.
(b) Prior to the hearing, the judge, referee, or juvenile hearing
officer may request the probation officer to commence a proceeding,
as provided in Article 16 (commencing with Section 650), in lieu of a
hearing in Informal Juvenile and Traffic Court.

258. (a) Upon a hearing conducted in accordance with Section 257,
and upon either an admission by the minor of the commission of a
violation charged, or a finding that the minor did in fact commit the
violation, the judge, referee, or juvenile hearing officer may do
any of the following:
(1) Reprimand the minor and take no further action.
(2) Direct that the probation officer undertake a program of
supervision of the minor for a period not to exceed six months, in
addition to or in place of the following orders.
(3) Order that the minor pay a fine up to the amount that an adult
would pay for the same violation, unless the violation is otherwise
specified within this section, in which case the fine shall not
exceed two hundred fifty dollars ($250). This fine may be levied in
addition to or in place of the following orders and the court may
waive any or all of this fine, if the minor is unable to pay. In
determining the minor's ability to pay, the court may not consider
the ability of the minor's family to pay.
(4) Subject to the minor's right to a restitution hearing, order
that the minor pay restitution to the victim, in lieu of all or a
portion of the fine specified in paragraph (3). The total dollar
amount of the fine, restitution, and any program fees ordered
pursuant to paragraph (9) may not exceed the maximum amount which may
be ordered pursuant to paragraph (3).This paragraph may not be
construed to limit the right to recover damages, less any amount
actually paid in restitution, in a civil action.
(5) Order that the driving privileges of the minor be suspended or
restricted as provided in the Vehicle Code or, notwithstanding
Section 13203 of the Vehicle Code or any other provision of law, when
the Vehicle Code does not provide for the suspension or restriction
of driving privileges, that, in addition to any other order, the
driving privileges of the minor be suspended or restricted for a
period of not to exceed 30 days.
(6) In the case of a traffic related offense, order the minor to
attend a licensed traffic school, or other court approved program of
traffic school instruction pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5 of the Vehicle Code, to be completed by
the juvenile within 60 days of the court order.
(7) Order that the minor produce satisfactory evidence that the
vehicle or its equipment has been made to conform with the
requirements of the Vehicle Code pursuant to Section 40150 of the
Vehicle Code if the violation involved an equipment violation.
(8) Order that the minor perform community service work in a
public entity or any private nonprofit entity, for not more than 50
hours over a period of 60 days, during times other than his or her
hours of school attendance or employment. Work performed pursuant to
this paragraph may not exceed 30 hours during any 30-day period. The
timeframes established by this paragraph may not be modified except
in unusual cases where the interests of justice would best be served.
When the order to work is made by a referee or a juvenile hearing
officer, it shall be approved by a judge of the juvenile court.
For the purposes of this paragraph, a judge, referee, or juvenile
hearing officer may not, without the consent of the minor, order the
minor to perform work with a private nonprofit entity that is
affiliated with any religion.
(9) In the case of a misdemeanor, order that the minor participate
in and complete a counseling or educational program, or, if the
offense involved a violation of a controlled substance law, a drug
treatment program, if those programs are available. Any fees for
participation shall be subject to the right to a hearing as the minor'
s ability to pay and may not, together with any fine or restitution
order, exceed the maximum amount that may be ordered pursuant to
paragraph (3).
(10) Require that the minor attend a school program without
unexcused absence.
(11) If the offense is a misdemeanor committed between 10 p.m. and
6 a.m., require that the minor be at his or her legal residence at
hours to be specified by the juvenile hearing officer between the
hours of 10 p.m. and 6 a.m., except for a medical or other emergency,
unless the minor is accompanied by his or her parent, guardian, or
other person in charge of the minor. The maximum length of an order
made pursuant to this paragraph shall be six months from the
effective date of the order.
(12) Make any or all of the following orders with respect to a
violation of the Fish and Game Code which is not charged as a felony:
(A) That the fishing or hunting license involved be suspended or
restricted.
(B) That the minor work in a park or conservation area for a total
of not to exceed 20 hours over a period not to exceed 30 days,
during times other than his or her hours of school attendance or
employment.
(C) That the minor forfeit, pursuant to Section 12157 of the Fish
and Game Code, any device or apparatus designed to be, and capable of
being, used to take birds, mammals, fish, reptiles, or amphibia and
which was used in committing the violation charged. The judge,
referee, or juvenile hearing officer shall, if the minor committed an
offense which is punishable under Section 12008 of the Fish and Game
Code, order the device or apparatus forfeited pursuant to Section
12157 of the Fish and Game Code.
(13) If the violation charged is of an ordinance of a city,
county, or local agency relating to loitering, curfew, or fare
evasion on a public transportation system, as defined by Section
99211 of the Public Utilities Code, or is a violation of Section 640
or 640a of the Penal Code, make the order that the minor shall
perform community service for a total time not to exceed 20 hours
over a period not to exceed 30 days, during times other than his or
her hours of school attendance or employment.
(b) The judge, referee, or juvenile hearing officer shall retain
jurisdiction of the case until all orders made under this section
have been fully complied with.

260. A juvenile hearing officer shall promptly furnish a written
report of his or her findings and orders to the clerk of the juvenile
court. The clerk of the juvenile court shall promptly transmit an
abstract of those findings and orders to the Department of Motor
Vehicles.

261. Subject to the provisions of Section 262, all orders of a
juvenile hearing officer shall be immediately effective.

262. Upon motion of the minor or his or her parent or guardian for
good cause, or upon his or her own motion, a judge of the juvenile
court may set aside or modify any order of a juvenile hearing
officer, or may order or himself or herself conduct a rehearing. If
the minor or parent or guardian has made a motion that the judge set
aside or modify the order or has applied for a rehearing, and the
judge has not set aside or modified the order or ordered or conducted
a rehearing within 10 days after the date of the order, the motion
or application shall be deemed denied as of the expiration of that
period.

263. At any time prior to the final disposition of a hearing
pursuant to Section 257, the judge, referee, or juvenile hearing
officer may, on motion of the minor, his or her parent, or guardian,
or on its own motion, transfer the case to the county of the minor's
residence for further proceedings pursuant to Sections 258, 260, 261,
and 262.

264. At the direction and under the supervision of the Judicial
Council, judges of the juvenile courts and juvenile court referees
shall meet from time to time in statewide or regional conferences, to
discuss problems arising in the course of administration of this
chapter, for the purpose of improving the administration of justice
in the juvenile courts. Actual and necessary expenses incurred by a
judge or referee in attending any such conference shall be a charge
upon the county.

265. The Judicial Council shall establish rules governing practice
and procedure in the juvenile court not inconsistent with law.