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Section 202
(a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under
the jurisdiction of the juvenile court and to preserve
and strengthen the minor's family ties whenever possible,
removing the minor from the custody of his or her parents
only when necessary for his or her welfare or for the
safety and protection of the public. When removal of a
minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall
be a primary objective. When the minor is removed from
his or her own family, it is the purpose of this chapter
to secure for the minor custody, care, and discipline
as nearly as possible equivalent to that which should
have been given by his or her parents. This chapter shall
be liberally construed to carry out these purposes.
(b) Minors under the jurisdiction of the juvenile court
who are in need of protective services shall receive care,
treatment and guidance consistent with their best interest
and the best interest of the public. Minors under the
jurisdiction of the juvenile court as a consequence of
delinquent conduct shall, in conformity with the interests
of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest,
that holds them accountable for their behavior, and that
is appropriate for their circumstances. This guidance
may include punishment that is consistent with the rehabilitative
objectives of this chapter. If a minor has been removed
from the custody of his or her parents, family preservation
and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition
of a minor under the jurisdiction of the juvenile court
as a consequence of delinquent conduct when those goals
are consistent with his or her best interests and the
best interests of the public. When the minor is no longer
a ward of the juvenile court, the guidance he or she received
should enable him or her to be a law-abiding and productive
member of his or her family and the community.
(c) It is also the purpose of this chapter to reaffirm
that the duty of a parent to support and maintain a minor
child continues, subject to the financial ability of the
parent to pay, during any period in which the minor may
be declared a ward of the court and removed from the custody
of the parent.
(d) Juvenile courts and other public agencies charged
with enforcing, interpreting, and administering the juvenile
court law shall consider the safety and protection of
the public, the importance of redressing injuries to victims,
and the best interests of the minor in all deliberations
pursuant to this chapter. Participants in the juvenile
justice system shall hold themselves accountable for its
results. They shall act in conformity with a comprehensive
set of objectives established to improve system performance
in a vigorous and ongoing manner. In working to improve
system performance, the presiding judge of the juvenile
court and other juvenile court judges designated by the
presiding judge of the juvenile court shall take into
consideration the recommendations contained in subdivision
(e) of Standard 24 of the Standards of Judicial Administration,
contained in Division I of the Appendix to the California
Rules of Court.
(e) As used in this chapter, "punishment" means
the imposition of sanctions. It shall not include a court
order to place a child in foster care as defined by Section
727.3. Permissible sanctions may include the following:
(1) Payment of a fine by the minor. (2) Rendering of compulsory
service without compensation performed for the benefit
of the community by the minor. (3) Limitations on the
minor's liberty imposed as a condition of probation or
parole. (4) Commitment of the minor to a local detention
or treatment facility, such as a juvenile hall, camp,
or ranch. (5) Commitment of the minor to the Department
of the Youth Authority. "Punishment," for the
purposes of this chapter, does not include retribution.
(f) In addition to the actions authorized by subdivision
(e), the juvenile court may, as appropriate, direct the
offender to complete a victim impact class, participate
in victim offender conferencing subject to the victim's
consent, pay restitution to the victim or victims, and
make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied,
in order to hold the offender accountable or restore the
victim or community.
Section 726
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(c) If the minor is removed from the physical custody
of his or her parent or guardian as the result of an order
of wardship made pursuant to Section 602, the order shall
specify that the minor may not be held in physical confinement
for a period in excess of the maximum term of imprisonment
which could be imposed upon an adult convicted of the
offense or offenses which brought or continued the minor
under the jurisdiction of the juvenile court.
As used in this section and in Section 731, "maximum
term of imprisonment" means the longest of the three
time periods set forth in paragraph (2) of subdivision
(a) of Section 1170 of the Penal Code, but without the
need to follow the provisions of subdivision (b) of Section
1170 of the Penal Code or to consider time for good behavior
or participation pursuant to Sections 2930, 2931, and
2932 of the Penal Code, plus enhancements which must be
proven if pled.
If the court elects to aggregate the period of physical
confinement on multiple counts or multiple petitions,
including previously sustained petitions adjudging the
minor a ward within Section 602, the "maximum term
of imprisonment" shall be the aggregate term of imprisonment
specified in subdivision (a) of Section 1170.1 of the
Penal Code, which includes any additional term imposed
pursuant to Section 667, 667.5, 667.6, or 12022.1 of the
Penal Code, and Section 11370.2 of the Health and Safety
Code. If the charged offense is a misdemeanor or a felony
not included within the scope of Section 1170 of the Penal
Code, the "maximum term of imprisonment" is
the longest term of imprisonment prescribed by law.
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Section 731
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(b) A minor committed to the Department of the Youth
Authority may not be held in physical confinement for
a period of time in excess of the maximum period of imprisonment
which could be imposed upon an adult convicted of the
offense or offenses which brought or continued the minor
under the jurisdiction of the juvenile court. A minor
committed to the Department of the Youth Authority also
may not be held in physical confinement for a period of
time in excess of the maximum term of physical confinement
set by the court based upon the facts and circumstances
of the matter or matters which brought or continued the
minor under the jurisdiction of the juvenile court, which
may not exceed the maximum period of adult confinement
as determined pursuant to this section. This section does
not limit the power of the Youth Authority Board to retain
the minor on parole status for the period permitted by
Section 1769.
Section 734
No ward of the juvenile court shall be committed to the
Youth Authority unless the judge of the court is fully
satisfied that the mental and physical condition and qualifications
of the ward are such as to render it probable that he
will be benefited by the reformatory educational discipline
or other treatment provided by the Youth Authority.
Welfare
& Institutions Code sections 775-785 (excerpt
below)
Section 778:
Any parent or other person having an interest in a child
who is a ward of the juvenile court or the child himself
through a properly appointed guardian may, upon grounds
of change of circumstance or new evidence, petition the
court in the same action in which the child was found
to be a ward of the juvenile court for a hearing to change,
modify, or set aside any order of court previously made
or to terminate the jurisdiction of the court. The petition
shall be verified and, if made by a person other than
the child, shall state the petitioner's relationship to
or interest in the child and shall set forth in concise
language any change of circumstance or new evidence which
are alleged to require such change of order or termination
of jurisdiction. If it appears that the best interests
of the child may be promoted by the proposed change of
order or termination of jurisdiction, the court shall
order that a hearing be held and shall give prior notice,
or cause prior notice to be given, to such persons and
by such means as prescribed by Sections 776 and 779, and,
in such instances as the means of giving notice is not
prescribed by such sections, then by such means as the
court prescribes.
Section 779
The court committing a ward to the Youth Authority may
thereafter change, modify, or set aside the order of commitment.
Ten days' notice of the hearing of the application therefor
shall be served by United States mail upon the Director
of the Youth Authority. In changing, modifying, or setting
aside the order of commitment, the court shall give due
consideration to the effect thereof upon the discipline
and parole system of the Youth Authority or of the correctional
school in which the ward may have been placed by the Youth
Authority. Except as in this section provided, nothing
in this chapter shall be deemed to interfere with the
system of parole and discharge now or hereafter established
by law, or by rule of the Youth Authority, for the parole
and discharge of wards of the juvenile court committed
to the Youth Authority, or with the management of any
school, institution, or facility under the jurisdiction
of the Youth Authority. Except as provided in this section,
this chapter does not interfere with the system of transfer
between institutions and facilities under the jurisdiction
of the Youth Authority. This section does not limit the
authority of the court to change, modify, or set aside
an order of commitment after a noticed hearing and upon
a showing of good cause that the Youth Authority is unable
to, or failing to, provide treatment consistent with Section
734.
However, before any inmate of a correctional school may
be transferred to a state hospital, he or she shall first
be returned to a court of competent jurisdiction and,
after hearing, may be committed to a state hospital for
the insane in accordance with law.
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