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eBook details

• Title: In Re Michael G.
• Author : Supreme Court Of California
• Release Date : January 25, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

In this case we decide whether a minor made a ward of the court pursuant to Welfare and Institutions Code section 601, subdivision (b)*fn1 as a result of his truancy, and later found in contempt of court for wilfully disobeying a juvenile court order to attend school, may be punished with confinement in a secure facility during nonschool hours, or whether sections 601, subdivision (b) and 207 prohibit such a disposition. Like the majority of other state courts which have addressed similar statutory schemes, we conclude that a juvenile court retains the authority, pursuant to its contempt power, to order the secure, nonschool-hours confinement of a contemptuous section 601 ward. (See fn. 2.) At the same time, in order to harmonize the juvenile court's exercise of its contempt power with the legislative determination that status offenders, including truants,*fn2 should not ordinarily be confined in secure facilities,  we conclude -- again following the lead of a number of out-of-state decisions -- that before a juvenile court orders such incarceration pursuant to its contempt authority, it should make a number of specified findings establishing the necessity of such a course of action.

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