What do I do if my child will not obey any of my rules, misses school all the time, etc?

Full Question:

What do I do if my child will not obey any of my rules, misses school all the time and simply cannot be controlled by me, her Mother?
03/10/2017   |   Category: Minors   |   State: California   |   #33745

Answer:

Under California law if the child cannot be controlled or follow reasonable order the child could become a ward of the State. If missing school is habitual that could also apply to the truancy provisions of the code below.

CALIFORNIA CODES
CALIFORNIA WELFARE AND INSTITUTIONS CODE
Division 2. CHILDREN
Part 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT
Chapter 2. JUVENILE COURT LAW
Article 14. Wards-Jurisdiction
Current through 2017

§ 601. Minors who may be adjudged wards of court

(a)    Any person under 18 years of age who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian, or custodian, or who is beyond the control of that person, or who is under the age of 18 years when he or she violated any ordinance of any city or county of this state establishing a curfew based solely on age is within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court.

(b)    If a minor has four or more truancies within one school year as defined in Section 48260 of the Education Code or a school attendance review board or probation officer determines that the available public and private services are insufficient or inappropriate to correct the habitual truancy of the minor, or to correct the minor's persistent or habitual refusal to obey the reasonable and proper orders or directions of school authorities, or if the minor fails to respond to directives of a school attendance review board or probation officer or to services provided, the minor is then within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court. However, it is the intent of the Legislature that a minor who is described in this subdivision, adjudged a ward of the court pursuant solely to this subdivision, or found in contempt of court for failure to comply with a court order pursuant to this subdivision, shall not be held in a secure facility and shall not be removed from the custody of the parent or guardian except for the purposes of school attendance.

(c)    To the extent practically feasible, a minor who is adjudged a ward of the court pursuant to this section shall not be permitted to come into or remain in contact with any minor ordered to participate in a truancy program, or the equivalent thereof, pursuant to Section 602.

(d)    Any peace officer or school administrator may issue a notice to appear to a minor who is within the jurisdiction of the juvenile court pursuant to this section.

Cite as Ca. Welf. and Inst. Code § 601

History. Amended by Stats 2014 ch 70 ( SB 1296), s 4, eff. 1/1/2015.

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