2007 California Welfare and Institutions Code Article 16. Wards--commencement Of Proceedings

CA Codes (wic:650-664)

650.  (a) Juvenile court proceedings to declare a minor a ward of
the court pursuant to Section 601 are commenced by the filing of a
petition by the probation officer except as specified in subdivision
(b).
   (b) Juvenile court proceedings to declare a minor a ward of the
court pursuant to subdivision (e) of Section 601.3 may be commenced
by the filing of a petition by the probation officer or the district
attorney after consultation with the probation officer.
   (c) Juvenile court proceedings to declare a minor a ward of the
court pursuant to Section 602 are commenced by the filing of a
petition by the prosecuting attorney.


651.  Proceedings under this chapter may be commenced either in the
juvenile court for the county in which a minor resides, or in which a
minor is found, or in which the circumstances exist or acts take
place to bring a minor within the provisions of Section 601 or
Section 602.



652.  Whenever the probation officer has cause to believe that there
was or is within the county, or residing therein, a person within
the provisions of Section 601 or 602, the probation officer shall
immediately make an investigation he or she deems necessary to
determine whether proceedings in the juvenile court should be
commenced, including whether reasonable efforts, as described in
paragraph (5) of subdivision (d) of Section 727.4, have been made to
prevent or eliminate the need for removal of the minor from his or
her home.  However, this section does not require an investigation by
the probation officer with respect to a minor delivered or referred
to an agency pursuant to subdivision (b) of Section 626.




652.5.  Whenever an officer refers or delivers a minor pursuant to
subdivision (b) of Section 626, the agency to which the minor is
referred or delivered shall immediately make such investigation as
that agency deems necessary to determine what disposition of the
minor that agency shall make and shall initiate a service program for
the minor when appropriate.
   The service program for any minor referred or delivered to the
agency for any act described in Section 602 shall include
constructive assignments that will help the minor learn to be
responsible for his or her actions.  The assignments may include, but
not be limited to, requiring the minor to repair damaged property or
to make other appropriate restitution, or requiring the minor to
participate in an educational or counseling program.  The minor or
his or her parent or guardian may be required to reimburse the agency
for all or part of the cost of the service program if he or she  has
the financial ability to pay.
   If the referral agency does not initiate a service program on
behalf of a minor referred to the agency within 20 calendar days, or
initiate a service program on behalf of a minor delivered to the
agency within 10 days, that agency shall immediately notify the
referring officer of that decision in writing.  The referral agency
shall retain a copy of that written notification for 30 days.



653.  Whenever any person applies to the probation officer or the
district attorney in accordance with subdivision (e) of Section
601.3, to commence proceedings in the juvenile court, the application
shall be in the form of an affidavit alleging that there was or is
within the county, or residing therein, a minor within the provisions
of Section 601 and setting forth facts in support thereof.  The
probation officer or the district attorney, in consultation with the
probation officer, shall immediately make any investigation he or she
deems necessary to determine whether proceedings in the juvenile
court should be commenced.


653.1.  Notwithstanding Section 653, in the case of an affidavit
alleging that the minor committed an offense described in Section
602, the probation officer shall cause the affidavit to be
immediately taken to the prosecuting attorney if it appears to the
probation officer that the minor has been referred to the probation
officer for any violation of either an offense listed in subdivision
(b) of Section 707 and that offense was allegedly committed when the
minor was 16 years of age or older or an offense listed in paragraph
(2) of subdivision (d) or subdivision (e) of Section 707 and that
offense was allegedly committed when the minor was 14 years of age or
older.  If the prosecuting attorney decides not to file a petition,
he or she may return the affidavit to the probation officer for any
other appropriate action.



653.5.  (a) Whenever any person applies to the probation officer to
commence proceedings in the juvenile court, the application shall be
in the form of an affidavit alleging that there was or is within the
county, or residing therein, a minor within the provisions of Section
602, or that a minor committed an offense described in Section 602
within the county, and setting forth facts in support thereof.  The
probation officer shall immediately make any investigation he or she
deems necessary to determine whether proceedings in the juvenile
court shall be commenced.  If the probation officer determines that
it is appropriate to offer services to the family to prevent or
eliminate the need for removal of the minor from his or her home, the
probation officer shall make a referral to those services.
   (b) Except as provided in subdivision (c), if the probation
officer determines that proceedings pursuant to Section 650 should be
commenced to declare a person to be a ward of the juvenile court on
the basis that he or she is a person described in Section 602, the
probation officer shall cause the affidavit to be taken to the
prosecuting attorney.
   (c) Notwithstanding subdivision (b), the probation officer shall
cause the affidavit to be taken within 48 hours to the prosecuting
attorney in all of the following cases:
   (1) If it appears to the probation officer that the minor has been
referred to the probation officer for any violation of an offense
listed in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707.
   (2) If it appears to the probation officer that the minor is under
14 years of age at the date of the offense and that the offense
constitutes a second felony referral to the probation officer.
   (3) If it appears to the probation officer that the minor was 14
years of age or older at the date of the offense and that the offense
constitutes a felony referral to the probation officer.
   (4) If it appears to the probation officer that the minor has been
referred to the probation officer for the sale or possession for
sale of a controlled substance as defined in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code.
   (5) If it appears to the probation officer that the minor has been
referred to the probation officer for a violation of Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
   (6) If it appears to the probation officer that the minor has been
referred to the probation officer for a violation of Section 186.22
of the Penal Code.
   (7) If it appears to the probation officer that the minor has
previously been placed in a program of informal probation pursuant to
Section 654.
   (8) If it appears to the probation officer that the minor has
committed an offense in which the restitution owed to the victim
exceeds one thousand dollars (,000).  For purposes of this
paragraph, the definition of "victim" in paragraph (1) of subdivision
(a) of Section 730.6 and "restitution" in subdivision (h) of Section
730.6 shall apply.
   Except for offenses listed in paragraph (5), the provisions of
subdivision (c) shall not apply to a narcotics and drug offense set
forth in Section 1000 of the Penal Code.
   The prosecuting attorney shall within his or her discretionary
power institute proceedings in accordance with his or her role as
public prosecutor pursuant to subdivision (b) of Section 650 and
Section 26500 of the Government Code.  However, if it appears to the
prosecuting attorney that the affidavit was not properly referred,
that the offense for which the minor was referred should be charged
as a misdemeanor, or that the minor may benefit from a program of
informal supervision, he or she shall refer the matter to the
probation officer for whatever action the probation officer may deem
appropriate.
   (d) In all matters where the minor is not in custody and is
already a ward of the court or a probationer under Section 602, the
prosecuting attorney, within five judicial days of receipt of the
affidavit from the probation officer, shall institute proceedings in
accordance with his or her role as public prosecutor pursuant to
subdivision (b) of Section 650 of this code and Section 26500 of the
Government Code, unless it appears to the prosecuting attorney that
the affidavit was not properly referred or that the offense for which
the minor was referred requires additional substantiating
information, in which case he or she shall immediately notify the
probation officer of what further action he or she is taking.
   (e) This section shall become operative on January 1, 1997.



653.7.  If the probation officer does not take action under Section
654 and does not file a petition in juvenile court within 21 court
days after the application, or in the case of an affidavit alleging
that a minor committed an offense described in Section 602 or
alleging that a minor is within Section 602, does not cause the
affidavit to be taken to the prosecuting attorney within 21 court
days after the application, he or she shall endorse upon the
affidavit of the applicant the decision not to proceed further and
the reasons therefor and shall immediately notify the applicant of
the action taken or the decision rendered by him or her under this
section.  The probation officer shall retain the affidavit and the
endorsement thereon for a period of 30 court days after the notice to
the applicant.



654.  In any case in which a probation officer, after investigation
of an application for a petition or any other investigation he or she
is authorized to make concludes that a minor is within the
jurisdiction of the juvenile court or will probably soon be within
that jurisdiction, the probation officer may, in lieu of filing a
petition to declare a minor a dependent child of the court or a minor
or a ward of the court under Section 601 or requesting that a
petition be filed by the prosecuting attorney to declare a minor a
ward of the court under subdivision (e) of Section 601.3 or Section
602 and with consent of the minor and the minor's parent or guardian,
delineate specific programs of supervision for the minor, for not to
exceed six months, and attempt thereby to adjust the situation which
brings the minor within the jurisdiction of the court or creates the
probability that the minor will soon be within that jurisdiction.
Nothing in this section shall be construed to prevent the probation
officer from filing a petition or requesting the prosecuting attorney
to file a petition at any time within the six-month period or a
90-day period thereafter.  If the probation officer determines that
the minor has not involved himself or herself in the specific
programs within 60 days, the probation officer shall immediately file
a petition or request that a petition be filed by the prosecuting
attorney.  However, when in the judgment of the probation officer the
interest of the minor and the community can be protected, the
probation officer shall make a diligent effort to proceed under this
section.
   The program of supervision of the minor undertaken pursuant to
this section may call for the minor to obtain care and treatment for
the misuse of or addiction to controlled substances from a county
mental health service or other appropriate community agency.
   The program of supervision shall require the parents or guardians
of the minor to participate with the minor in counseling or education
programs, including, but not limited to, parent education and
parenting programs operated by community colleges, school districts,
or other appropriate agencies designated by the court if the program
of supervision is pursuant to the procedure prescribed in Section
654.2.
   Further, this section shall authorize the probation officer with
consent of the minor and the minor's parent or guardian to provide
the following services in lieu of filing a petition:
   (a) Maintain and operate sheltered-care facilities, or contract
with private or public agencies to provide these services.  The
placement shall be limited to a maximum of 90 days.  Counseling
services shall be extended to the sheltered minor and his or her
family during this period of diversion services.  The minor and his
or her parents may be required to make full or partial reimbursement
for the services rendered the minor and his or her family during the
diversion process.  Referrals for sheltered-care diversion may be
made by the minor, his or her family, schools, any law enforcement
agency, or any other private or public social service agency.
   (b) Maintain and operate crisis resolution homes, or contract with
private or public agencies offering these services.  Residence at
these facilities shall be limited to 20 days during which period
individual and family counseling shall be extended the minor and his
or her family.  Failure to resolve the crisis within the 20-day
period may result in the minor's referral to a sheltered-care
facility for a period not to exceed 90 days.  Referrals shall be
accepted from the minor, his or her family, schools, law enforcement
or any other private or public social service agency.  The minor, his
or her parents, or both, may be required to reimburse the county for
the cost of services rendered at a rate to be determined by the
county board of supervisors.
   (c) Maintain and operate counseling and educational centers, or
contract with private and public agencies, societies, or corporations
whose purpose is to provide vocational training or skills.  The
centers may be operated separately or in conjunction with crisis
resolution homes to be operated by the probation officer.  The
probation officer shall be authorized to make referrals to the
appropriate existing private or public agencies offering similar
services when available.
   At the conclusion of the program of supervision undertaken
pursuant to this section, the probation officer shall prepare and
maintain a followup report of the actual program measures taken.



654.1.  (a) Notwithstanding Section 654 or any other provision of
law, in any case in which a minor has been charged with a violation
of Section 23140 or 23152 of the Vehicle Code, the probation officer
may, in lieu of requesting that a petition be filed by the
prosecuting attorney to declare the minor a ward of the court under
Section 602, proceed in accordance with Section 654 and delineate a
program of supervision for the minor.  However, the probation officer
shall cause the citation for a violation of Section 23140 or 23152
of the Vehicle Code to be heard and disposed of by the judge,
referee, or juvenile hearing officer pursuant to Sections 257 and 258
as a condition of any program of supervision.
   (b) This section may not be construed to prevent the probation
officer from requesting the prosecuting attorney to file a petition
to declare the minor a ward of the court under Section 602 for a
violation of Section 23140 or 23152 of the Vehicle Code.  However, if
in the judgment of the probation officer, the interest of the minor
and the community can be protected by adjudication of a violation of
Section 23140 or 23152 of the Vehicle Code in accordance with
subdivision (a), the probation officer shall proceed under
subdivision (a).


654.2.  (a) If a petition has been filed by the prosecuting attorney
to declare a minor a ward of the court under Section 602, the court
may, without adjudging the minor a ward of the court and with the
consent of the minor and the minor's parents or guardian, continue
any hearing on a petition for six months and order the minor to
participate in a program of supervision as set forth in Section 654.
If the probation officer recommends additional time to enable the
minor to complete the program, the court at its discretion may order
an extension.  Fifteen days prior to the final conclusion of the
program of supervision undertaken pursuant to this section, the
probation officer shall submit to the court a followup report of the
minor's participation in the program.  The minor and the minor's
parents or guardian shall be ordered to appear at the conclusion of
the six-month period and at the conclusion of each additional
three-month period.  If the minor successfully completes the program
of supervision, the court shall order the petition be dismissed.  If
the minor has not successfully completed the program of supervision,
proceedings on the petition shall proceed no later than 12 months
from the date the petition was filed.
   (b) If the minor is eligible for Section 654 supervision, and the
probation officer believes the minor would benefit from a program of
supervision pursuant to this section, the probation officer may, in
referring the affidavit described in Section 653.5 to the prosecuting
attorney, recommend informal supervision as provided in this
section.


654.3.  No minor shall be eligible for the program of supervision
set forth in Section 654 or 654.2 in the following cases, except in
an unusual case where the interests of justice would best be served
and the court specifies on the record the reasons for its decision:
   (a) A petition alleges that the minor has violated an offense
listed in subdivision (b) of Section 707.
   (b) A petition alleges that the minor has sold or possessed for
sale a controlled substance as defined in Chapter 2 (commencing with
Section 11053) of Division 10 of the Health and Safety Code.
   (c) A petition alleges that the minor has violated Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
   (d) A petition alleges that the minor has violated Section 186.22
of the Penal Code.
   (e) The minor has previously participated in a program of
supervision pursuant to Section 654.
   (f) The minor has previously been adjudged a ward of the court
pursuant to Section 602.
   (g) A petition alleges that the minor has violated an offense in
which the restitution owed to the victim exceeds one thousand dollars
(,000).  For purposes of this subdivision, the definition of
"victim" in paragraph (1) of subdivision (a) of Section 730.6 and
"restitution" in subdivision (h) of Section 730.6 shall apply.
   (h) The minor is alleged to have committed a felony offense when
the minor was at least 14 years of age.  Except in unusual cases
where the court determines the interest of justice would best be
served by a proceeding pursuant to Section 654 or 654.2, a petition
alleging that a minor who is 14 years of age or over has committed a
felony offense shall proceed under Article 20.5 (commencing with
Section 790) or Article 17 (commencing with Section 675).



654.4.  Any minor who is placed in a program of supervision set
forth in Section 654 or 654.2 for a violation of an offense involving
the unlawful possession, use, sale, or other furnishing of a
controlled substance, as defined in Chapter 2 (commencing with
Section 11053) of Division 10 of the Health and Safety Code, or for
violating subdivision (f) of Section 647 of the Penal Code or Section
23140 or 23152 of the Vehicle Code, shall be required to participate
in and successfully complete an alcohol or drug education program
from a county mental health agency or other appropriate community
program.


654.6.  A program of supervision pursuant to Section 654 or 654.2
for any minor described in Section 602 shall include constructive
assignments that will help the minor learn to be responsible for his
or her actions.  The assignments may include, but not be limited to,
requiring the minor to perform at least 10 hours of community
service, requiring the minor to repair damaged property or to make
other appropriate restitution, or requiring the minor to participate
in an educational or counseling program.  The minor or his or her
parent or guardian may be required to reimburse the agency for all or
part of the cost of the program of supervision if he or she has the
financial ability to pay.


655.  (a) When any person has applied to the probation officer,
pursuant to Section 653, to request commencement of juvenile court
proceedings to declare a minor a ward of the court under Section 602
and the probation officer does not cause the affidavit to be taken to
the prosecuting attorney pursuant to Section 653 within 21 court
days after such application, the applicant may, within 10 court days
after receiving notice of the probation officer's decision not to
file a petition, apply to the prosecuting attorney to review the
decision of the probation officer, and the prosecuting attorney may
either affirm the decision of the probation officer or commence
juvenile court proceedings.
   (b) When any person has applied to the probation officer or the
district attorney, pursuant to Section 653, to commence juvenile
court proceedings to declare a minor a dependent child of the court
or a ward of the court under Section 601 and the probation officer or
district attorney fails to file a petition within 21 court days
after making such application, the applicant may, within 10 court
days after receiving notice of the probation officer's or district
attorney's decision not to file a petition, apply to the juvenile
court to review the decision of the probation officer or district
attorney, and the court may either affirm the decision of the
probation officer or district attorney or order him or her to
commence juvenile court proceedings.
   (c) Nothing in subdivision (b) shall be construed so as to allow
district attorneys to file a petition to make a minor a ward of the
court under Section 601, except as specifically allowed by Section
653 in accordance with subdivision (e) of Section 601.3.



655.5.  When an officer has referred or delivered a minor pursuant
to subdivision (b) of Section 626, and the referral agency does not
initiate a service program for the minor within the time periods
required by Section 652.5, the referring agency may within 10 court
days following receipt of the notification by the referral agency,
apply to the probation officer for a review of that decision.



656.  A petition to commence proceedings in the juvenile court to
declare a minor a ward of the court shall be verified and shall
contain all of the following:
   (a) The name of the court to which it is addressed.
   (b) The title of the proceeding.
   (c) The code section and subdivision under which the proceedings
are instituted.
   (d) The name, age, and address, if any, of the minor upon whose
behalf the petition is brought.
   (e) The names and residence addresses, if known to the petitioner,
of both of the parents and any guardian of the minor.  If there is
no parent or guardian residing within the state, or if his or her
place of residence is not known to the petitioner, the petition shall
also contain the name and residence address, if known, of any adult
relative residing within the county, or, if there are none, the adult
relative residing nearest to the location of the court.
   (f) A concise statement of facts, separately stated, to support
the conclusion that the minor upon whose behalf the petition is being
brought is a person within the definition of each of the sections
and subdivisions under which the proceedings are being instituted.
   (g) The fact that the minor upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and if
he or she is detained in custody, the date and the precise time the
minor was taken into custody.
   (h) A notice to the father, mother, spouse, or other person liable
for support of the minor child, that:  (1) Section 903 may make that
person, the estate of that person, and the estate of the minor
child, liable for the cost of the care, support, and maintenance of
the minor child in any county institution or any other place in which
the child is placed, detained, or committed pursuant to an order of
the juvenile court; (2) Section 903.1 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of legal services rendered to the minor by a
private attorney or a public defender appointed pursuant to the order
of the juvenile court; (3) Section 903.2 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of the probation supervision of the minor
child by the probation officer pursuant to the order of the juvenile
court; and (4) the liabilities established by these sections are
joint and several.
   (i) In a proceeding alleging that the minor comes within Section
601, notice to the parent, guardian, or other person having control
or charge of the minor that failure to comply with the compulsory
school attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a superior
court judge.  In those cases, the petition shall also include notice
that the parent, guardian, or other person having control or charge
of the minor has the right to a hearing on the infraction before a
judge different than the judge who has heard or is to hear the
proceeding pursuant to Section 601.  The notice shall explain the
provisions of Section 170.6 of the Code of Civil Procedure.
   (j) If a proceeding is pending against a minor child for a
violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal Code,
a notice to the parent or legal guardian of the minor that if the
minor is found to have violated either or both of these provisions
that (1) any community service which may be required of the minor may
be performed in the presence, and under the direct supervision, of
the parent or legal guardian pursuant to either or both of these
provisions, and (2) if the minor is personally unable to pay any fine
levied for the violation of either or both of these provisions, that
the parent or legal guardian of the minor shall be liable for
payment of the fine pursuant to those sections.
   (k) A notice to the parent or guardian of the minor that if the
minor is ordered to make restitution to the victim pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
731.1, as operative on or before August 2, 1995, or Section 730.6, or
to pay fines or penalty assessments, the parent or guardian may be
liable for the payment of restitution, fines, or penalty assessments.



656.1.  Any petition alleging that the minor is a person described
by Section 602 shall specify as to each count whether the crime
charged is a felony or a misdemeanor.



656.2.  (a) Notwithstanding any other provision of law, a victim
shall have the right to present a victim impact statement in all
juvenile court hearings concerning petitions filed pursuant to
Section 602 alleging the commission of any criminal offense.  In any
case in which a minor is alleged to have committed a criminal
offense, the probation officer shall inform the victim of the rights
of victims to submit a victim impact statement.  If the victim
exercises the right to submit a victim impact statement to the
probation officer, the probation officer shall include the statement
in his or her social study submitted to the court pursuant to Section
706 and, if applicable, in his or her report submitted to the court
pursuant to Section 707.  The probation officer also shall advise
those persons as to the time and place of the disposition hearing to
be conducted pursuant to Sections 702 and 706; any fitness hearing to
be conducted pursuant to Section 707, and any other judicial
proceeding concerning the case.
   The probation officer shall also provide the victim with
information concerning the victim's right to an action for civil
damages against the minor and his or her parents and the victim's
opportunity to be compensated from the restitution fund.  The
information shall be in the form of written material prepared by the
Judicial Council and shall be provided to each victim for whom the
probation officer has a current mailing address.
   (b) Notwithstanding any other provision of law, the persons from
whom the probation officer is required to solicit a statement
pursuant to subdivision (a) shall have the right to attend the
disposition hearing conducted pursuant to Section 702 and to express
their views concerning the offense and disposition of the case
pursuant to Section 706, to attend any fitness hearing conducted
pursuant to Section 707, and to be present during juvenile
proceedings as provided in Section 676.5.
   (c) Notwithstanding any other provision of law, in any case in
which a minor is alleged to have committed an act subject to a
fitness hearing under Section 707, the victim shall have the right to
be informed of all court dates and continuances pertaining to the
case, and shall further have the right to obtain copies of the
charging petition, the minutes of the proceedings, and orders of
adjudications and disposition of the court that are contained in the
court file.  The arresting agency shall notify the victim in a timely
manner of the address and telephone number of the juvenile branch of
the district attorney's office that will be responsible for the case
and for informing the victim of the victim's right to attend
hearings and obtain documents as provided in this section.  The
district attorney shall, upon request, inform the victim of the date
of the fitness hearing, the date of the disposition hearing, and the
dates for any continuances of those hearings, and shall inform the
court if the victim seeks to exercise his or her right to obtain
copies of the documents described in this subdivision.
   Where the proceeding against the minor is based on a felony that
is not listed in Section 676, a victim who obtains information about
the minor under this subdivision shall not disclose or disseminate
this information beyond his or her immediate family or support
persons authorized by Section 676, unless authorized to do so by a
judge of the juvenile court, and the judge may suspend or terminate
the right of the victim to access to information under this
subdivision if the information is improperly disclosed or
disseminated by the victim or any members of his or her immediate
family.  The intentional dissemination of documents in violation of
this subdivision is a misdemeanor and shall be punished by a fine of
not more than five hundred dollars (0).  Documents released by the
court to a victim pursuant to this section shall be stamped as
confidential and with a statement that the unlawful dissemination of
the documents is a misdemeanor punishable by a fine of not more than
five hundred dollars (0).
   (d) Upon application of the district attorney for good cause and a
showing of potential danger to the public, the court may redact any
information contained in any documents released by the court to a
victim pursuant to this section.
   (e) For purposes of this section, "victim" means the victim, the
parent or guardian of the victim if the victim is a minor, or, if the
victim has died, the victim's next of kin.



656.5.  Any petition filed in juvenile court to commence proceedings
pursuant to this chapter that is not verified may be dismissed
without prejudice by such court.



657.  (a) Upon the filing of the petition, the clerk of the juvenile
court shall set the same for hearing within 30 days, except as
follows:
   (1) In the case of a minor detained in custody at the time of the
filing of the petition, the petition must be set for hearing within
15 judicial days from the date of the order of the court directing
such detention.
   (2) In the case of a minor not before the juvenile court at the
time of the filing of the petition and for whom a warrant of arrest
has been issued pursuant to Section 663, the hearing on the petition
shall be stayed until the minor is brought before the juvenile court
on the warrant of arrest.  The clerk of the juvenile court shall set
the petition for hearing within 30 days of the minor's initial
appearance in juvenile court on the petition, except that in the case
of a minor detained in custody, the petition shall be set for
hearing within 15 judicial days from the date of the order of the
court directing such detention.
   (b) At the detention hearing, or any time thereafter, a minor who
is alleged to come within the provisions of Section 601 or 602, may,
with the consent of counsel, admit in court the allegations of the
petition and waive the jurisdictional hearing.



658.  (a) Except as provided in subdivision (b), upon the filing of
the petition, the clerk of the juvenile court shall issue a notice,
to which shall be attached a copy of the petition, and he or she
shall cause the same to be served upon the minor, if the minor is
eight or more years of age, and upon each of the persons described in
subdivision (e) of Section 656 whose residence addresses are set
forth in the petition and thereafter before the hearing upon all
persons whose residence addresses become known to the clerk.  If the
court has ordered the care, custody, and control of the minor to be
under the supervision of the probation officer for foster care
placement pursuant to subdivision (a) of Section 727, the clerk shall
also issue a copy of that notice to any foster parents, preadoptive
parents, legal guardians or relatives providing care to the minor.
The clerk shall issue a copy of the petition, to the minor's attorney
and to the district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (b) Upon the filing of a supplemental petition where the minor has
been declared a ward of the court or a probationer under Section 602
in the original matter, the clerk of the juvenile court shall issue
a notice, to which shall be attached a copy of the petition, and he
or she shall cause the notice to be served upon the minor, if the
minor is eight or more years of age, and upon each of the persons
described in subdivision (e) of Section 656 whose residence addresses
are set forth in the supplemental petition and thereafter known to
the clerk.  The clerk shall issue a copy of the supplemental petition
to the minor's attorney, and to the district attorney if the
probation officer is the petitioner, or, to the probation officer if
the district attorney is the petitioner, containing the time, date,
and place of the hearing.  If the court has ordered the care,
custody, and control of the minor to be under the supervision of the
probation officer for foster care placement pursuant to subdivision
(a) of Section 727, the clerk shall also issue a copy of that notice
to any foster parents, preadoptive parents, legal guardians, or
relatives providing care to the minor.


659.  The notice shall contain all of the following:
   (a) The name and address of the person to whom the notice is
directed.
   (b) The date, time, and place of the hearing on the petition.
   (c) The name of the minor upon whose behalf the petition has been
brought.
   (d) Each section and subdivision under which the proceeding has
been instituted.
   (e) A statement that the minor and his or her parent or guardian
or adult relative, as the case may be, to whom notice is required to
be given, are entitled to have an attorney present at the hearing on
the petition, and that, if the parent or guardian or the adult
relative is indigent and cannot afford an attorney, and the minor or
his or her parent or guardian or the adult relative desires to be
represented by an attorney, the parent or guardian or adult relative
shall promptly notify the clerk of the juvenile court, and that in
the event counsel or legal assistance is furnished by the court, the
parent or guardian or adult relative shall be liable to the county,
to the extent of his, her, or their financial ability, for all or a
portion of the cost thereof.
   (f) A statement that the parent or parents or responsible relative
or guardian may be liable for the costs of support of the minor in a
county institution.
   (g) A statement that the parent or guardian of the minor may be
liable for the payment of restitution, fines, or penalty assessments
if the minor is ordered to make restitution to the victim or to pay
fines or penalty assessments.



660.  (a) Except as provided in subdivision (b), if the minor is
detained, the clerk of the juvenile court shall cause the notice and
copy of the petition to be served on all persons required to receive
that notice and copy of the petition pursuant to subdivision (e) of
Section 656 and Section 658, either personally or by certified mail
with request for return receipt, as soon as possible after filing of
the petition and at least five days prior to the time set for
hearing, unless the hearing is set less than five days from the
filing of the petition, in which case, the notice and copy of the
petition shall be served at least 24 hours prior to the time set for
hearing.
   (b) If the minor is detained, and all persons entitled to notice
pursuant to subdivision (e) of Section 656 and Section 658 were
present at the detention hearing, the clerk of the juvenile court
shall cause the notice and copy of the petition to be served on all
persons required to receive the notice and copy of the petition,
either personally or by first-class mail, as soon as possible after
the filing of the petition and at least five days prior to the time
set for hearing, unless the hearing is set less than five days from
the filing of the petition, in which case the notice and copy of the
petition shall be served at least 24 hours prior to the time set for
the hearing.
   (c) If the minor is not detained, the clerk of the juvenile court
shall cause the notice and copy of the petition to be served on all
persons required to receive the notice and copy of the petition,
either personally or by first-class mail, at least 10 days prior to
the time set for hearing.  If that person is known to reside outside
of the county, the clerk of the juvenile court shall mail the notice
and copy of the petition, by first-class mail, to that person, as
soon as possible after the filing of the petition and at least 10
days before the time set for hearing.  Failure to respond to the
notice shall in no way result in arrest or detention.  In the
instance of failure to appear after notice by first-class mail, the
court shall direct that the notice and copy of the petition is to be
personally served on all persons required to receive the notice and a
copy of the petition.  However, if the whereabouts of the minor are
unknown, personal service of the notice and a copy of the petition is
not required and a warrant for the arrest of the minor may be issued
pursuant to Section 663.  Personal service of the notice and copy of
the petition outside of the county at least 10 days before the time
set for hearing is equivalent to service by first-class mail.
Service may be waived by any person by a voluntary appearance entered
in the minutes of the court or by a written waiver of service filed
with the clerk of the court at or prior to the hearing.
   (d) For purposes of this section, service on the minor's attorney
shall constitute service on the minor's parent or legal guardian.




660.5.  (a) This section shall be known as the Expedited Youth
Accountability Program.  It shall be operative in the superior court
in Los Angeles County.  It shall also be operative in any other
county in which a committee consisting of the sheriff, the chief
probation officer, the district attorney, the public defender, and
the presiding judge of the superior court votes to participate in the
program, upon approval by the board of supervisors.
   (b) It is the intent of the Legislature to hold nondetained,
delinquent youth accountable for their crimes in a swift and certain
manner.
   (c) Each county participating in the Expedited Youth
Accountability Program shall establish agreed upon time deadlines for
law enforcement, probation, district attorney, and court functions
which shall assure that a case which is to proceed pursuant to this
section shall be ready to be heard within 60 calendar days after the
minor is cited to the court.
   (d) (1) Notwithstanding Sections 658, 659, and 660, if a minor is
not detained for any misdemeanor or felony offense and is not cited
to Informal Juvenile and Traffic Court pursuant to paragraphs (1) to
(15), inclusive, of Section 256 and Section 853.6a of the Penal Code,
the peace officer or probation officer releasing the minor shall
issue a citation and obtain a written promise to appear in juvenile
court, or record the minor's refusal to sign the promise to appear
and serve a notice to appear in juvenile court.  The appearance shall
not be set for more than 60 calendar days nor less than 10 calendar
days from the issuance of the citation.  If the 60th day falls on a
court holiday, the appearance date shall be on the next date that the
court is in session.  The date set for the appearance of the minor
shall allow for sufficient time for the probation department to
evaluate eligible minors for informal handling under Section 654 or
any other disposition provided by law.  However, nothing in this
section shall be construed to limit or conflict with Sections 653.1
and 653.5.
   (2) Upon receipt of the citation and petition, but in no event
less than 72 hours, excluding nonjudicial days and holidays prior to
the hearing, the clerk of the juvenile court shall issue a copy of
the citation and petition to the public defender or the minor's
attorney of record.  If a copy of the citation and petition is not
provided at least 72 hours, excluding nonjudicial days and holidays
prior to the hearing, it shall be grounds to request a continuance
pursuant to Sections 682 and 700.  At a hearing conducted under
Section 700, the minor and minor's parent or guardian shall be
furnished a copy of the petition and any other material required to
be provided under Section 659.
   (3) The original citation and promise or notice to appear shall be
retained by the court if a petition is filed.  In addition, there
shall be three copies of the citation and promise or notice to
appear, which shall be distributed as follows:
   (A) One copy shall be provided to the person to whom the citation
is issued.
   (B) One copy shall be provided to the probation department.
   (C) If a petition is requested, the second copy of the citation
shall go to the district attorney along with the petition request,
and the third copy shall be retained by the agency issuing the
citation.
   (4) The original citation shall include a copy of all police
reports relating to the citation and a petition request.  The
citation shall contain the following information:
   (A) Date, time, and location of the issuance of the citation.
   (B) The name, address, telephone number if known, driver's license
number, age, date of birth, sex, race, height, weight, hair color,
and color of eyes of the person to whom the citation is issued.
   (C) A list of the offenses and the location where the offense or
offenses were committed.
   (D) Date and time of the required court appearance.
   (E) Address of the juvenile court where the person to whom the
citation is issued is to appear.
   (F) A preprinted promise to appear which is signed by the person
to whom the citation is issued, or where the person refused to sign
the written promise, the notice to appear.
   (G) A preprinted declaration under penalty of perjury that the
above information is true and correct, signed by the peace officer or
probation officer issuing the citation.
   (H) A statement that the failure to appear is punishable as a
misdemeanor.
   (e) The minor's parent or guardian shall be issued a citation in
the same manner as described in subdivision (b).
   (f) The willful failure to appear in court pursuant to a citation
or notice issued as required pursuant to this section is a
misdemeanor.
   (g) (1) Notwithstanding Section 662, if a parent or guardian to
whom a citation has been issued pursuant to this section fails to
appear, a warrant of arrest may issue for that person.  A warrant of
arrest may also issue for a parent or guardian who is not personally
served where efforts to effect personal service have been
unsuccessful, upon an affidavit, under penalty of perjury, signed by
a peace officer stating facts sufficient to establish that all
reasonable efforts to locate the person have failed or that the
person has willfully evaded service of process.
   (2) Notwithstanding Section 663, if a minor to whom a citation has
been issued pursuant to this section fails to appear, and the minor'
s parent or guardian has either appeared or the prerequisite
conditions for issuing a warrant against the minor's parent or
guardian under paragraph (1) have been met, a warrant of arrest may
issue for the minor.
   (3) A warrant of arrest may also issue for a minor who is not
personally served where each of the following occur:
   (A) Efforts to effect personal service have been unsuccessful.
   (B) An affidavit is submitted under penalty of perjury, signed by
a peace officer, stating facts sufficient to establish that all
reasonable efforts to locate the minor have failed or that minor has
willfully evaded service of process.
   (C) The minor's parent or guardian has either appeared or the
prerequisite conditions for issuing a warrant against the minor's
parent or guardian under paragraph (1) have been met.
   (h) (1) Notwithstanding Section 654 or any other provision of law,
a probation officer in a county in which this subdivision is
applicable may, in lieu of filing a petition or proceeding under
Section 654, issue a citation in the form described in subdivision
(d) to the Informal Juvenile and Traffic Court pursuant to Section
256 for any misdemeanor except the following:
   (A) Any crime involving a firearm.
   (B) Any crime involving violence.
   (C) Any crime involving a sex-related offense.
   (D) Any minor who has previously been declared a ward of the
court.
   (E) Any minor who has previously been referred to juvenile traffic
court pursuant to this section.
   (2) This subdivision shall apply only if the case will be heard by
a juvenile hearing officer who meets the minimum qualifications of a
juvenile court referee and only in those counties in which a
committee consisting of the sheriff, the chief probation officer, the
district attorney, the public defender, and the presiding judge of
the superior court vote for this subdivision to apply and then only
upon approval of the board of supervisors.  This approval shall be
required in Los Angeles and all other counties participating in the
program, and shall be in addition to that required by subdivision (a)
for participation in the Expedited Youth Accountability Program.
   (3) In counties in which this subdivision is applicable, the
probation department shall conduct a risk and needs assessment for
each minor eligible for citation to the Informal Juvenile and Traffic
Court pursuant to paragraph (1).  The risk and needs assessment
shall consider the best interest of the minor and the protection of
the community.  It shall also include an assessment of whether the
child has any significant problems in the home, school, or community,
whether the matter appears to have arisen from a temporary problem
within the family which has been or can be resolved, and whether any
agency or other resource in the community is better suited to serve
the needs of the child, the parent or guardian, or both.
   (i) In the event that the probation officer places a minor on
informal probation or cites the minor to Informal Juvenile and
Traffic Court, or elects some other lawful disposition not requiring
the hearing set forth in subdivision (b), the probation officer shall
so inform the minor and his or her parent or guardian no later than
72 hours, excluding nonjudicial days and holidays, prior to the
hearing, that a court appearance is not required.
   (j) Except as modified by this section, the requirements of this
chapter shall remain in full force and effect.
   (k) This section shall be operative on January 1, 1998, and shall
be implemented in all branches of the juvenile court in Los Angeles
County on or before July 1, 1998.
   (l) It is the intent of the Legislature that an interim hearing be
conducted by appropriate policy committees in the Legislature prior
to January 1, 2002, to examine the success of the program in
expediting punishment for juvenile offenses, reducing delinquent
behavior, and promoting greater accountability on the part of
juvenile offenders.



661.  In addition to the notice provided in Sections 658 and 659,
the juvenile court may issue its citation directing any parent,
guardian, or foster parent of the person concerning whom a petition
has been filed to appear at the time and place set for any hearing or
financial evaluation under the provisions of this chapter, including
a hearing under the provisions of Section 257, and directing any
person having custody or control of the minor concerning whom the
petition has been filed to bring the minor with him or her.  The
notice shall in addition state that a parent, guardian, or foster
parent may be required to participate in a counseling or education
program with the minor concerning whom the petition has been filed.
If the proceeding is one alleging that the minor comes within the
provisions of Section 601, the notice shall in addition contain
notice to the parent, guardian, or other person having control or
charge of the minor that failure to comply with the compulsory school
attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a superior
court judge.  In those cases, the notice shall also include notice
that the parent, guardian, or other person having control or charge
of the minor has the right to a hearing on the infraction before a
judge different than the judge who has heard or is to hear the
proceeding pursuant to Section 601.  The notice shall explain the
provisions of Section 170.6 of the Code of Civil Procedure.  Personal
service of the citation shall be made at least 24 hours before the
time stated therein for the appearance.



662.  In case such citation cannot be served, or the person served
fails to obey it, or in any case in which it appears to the court
that the citation will probably be ineffective, a warrant of arrest
may issue on the order of the court either against the parent, or
guardian, or the person having the custody of the minor, or with whom
the minor is.



663.  (a) Whenever a petition has been filed in the juvenile court
alleging that a minor comes within the provisions of Section 601 or
602 of this code and praying for a hearing thereon, or whenever any
subsequent petition has been filed praying for a hearing in the
matter of the minor, a warrant of arrest may be issued immediately
for the minor upon a showing that any one of the following conditions
are satisfied:
   (1) It appears to the court that the conduct and behavior of the
minor may endanger the health, person, welfare, or property of
himself or herself, or others, or that the circumstances of his or
her home environment may endanger the health, person, welfare, or
property of the minor.
   (2) It appears to the court that either personal service upon the
minor has been unsuccessful, or the whereabouts of the minor are
unknown.
   (3) It appears to the court that the minor has willfully evaded
service of process.
   (b) Nothing in this section shall be construed to limit the right
of parents or guardians to receive the notice and a copy of the
petition pursuant to Section 660.


664.  (a) The district attorney or the attorney of record for the
minor may issue, and upon request of the probation officer, the
minor, or the minor's parent, guardian, or custodian, the court or
the clerk of the court shall issue, and, on the court's own motion,
the court may issue, subpoenas requiring attendance and testimony of
witnesses and production of papers at any hearing regarding a minor
who is alleged or determined by the court to be a person described by
Section 601 or 602.
   (b) When a person attends a juvenile court hearing as a witness
upon a subpoena, in its discretion, the court may by an order on its
minutes, direct the county auditor to draw his or her warrant upon
the county treasurer in favor of the witness for witness fees in the
amount and manner prescribed by Section 68093 of the Government Code.
  The fees are county charges.
   (c) (1) The court shall use whatever means are appropriate,
including, but not limited to, the issuance of a subpoena, if
appropriate, to require the presence of the parent, parents, or
guardian of a child at the detention, jurisdictional, and disposition
hearings regarding a minor who is alleged or determined by the court
to be a person described by Section 601 or 602 unless the court
determines that it would be in the best interests of the child for
the parent to not attend or the court finds that it would impose a
hardship upon the parent or guardian to attend.  Any parent or
guardian who does not attend a hearing pursuant to a subpoena under
this section is guilty of contempt unless the court excuses, for good
cause, the parent or guardian from attending the hearing or the
court finds that the parent or guardian has a satisfactory excuse for
not attending.
   (2) For purposes of this subdivision, the term "parent" includes a
foster parent.