Section 270.1 Of Chapter 2. Abandonment And Neglect Of Children From California Penal Code >> Title 9. >> Part 1. >> Chapter 2.
270.1
. (a) A parent or guardian of a pupil of six years of age or
more who is in kindergarten or any of grades 1 to 8, inclusive, and
who is subject to compulsory full-time education or compulsory
continuation education, whose child is a chronic truant as defined in
Section 48263.6 of the Education Code, who has failed to reasonably
supervise and encourage the pupil's school attendance, and who has
been offered language accessible support services to address the
pupil's truancy, is guilty of a misdemeanor punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment. A parent or guardian guilty of a misdemeanor under this
subdivision may participate in the deferred entry of judgment
program defined in subdivision (b).
(b) A superior court may establish a deferred entry of judgment
program that includes the components listed in paragraphs (1) to (7),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section 48263.6 of the Education Code:
(1) A dedicated court calendar.
(2) Leadership by a judge of the superior court in that county.
(3) Meetings, scheduled and held periodically, with school
district representatives designated by the chronic truant's school
district of enrollment. Those representatives may include school
psychologists, school counselors, teachers, school administrators, or
other educational service providers deemed appropriate by the school
district.
(4) Service referrals for parents or guardians, as appropriate to
each case that may include, but are not limited to, all of the
following:
(A) Case management.
(B) Mental and physical health services.
(C) Parenting classes and support.
(D) Substance abuse treatment.
(E) Child care and housing.
(5) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment and that, upon the
defendant's compliance with the terms and conditions set forth by the
court and agreed to by the defendant upon the entry of his or her
plea, and upon the motion of the prosecuting attorney, the court will
dismiss the charge or charges against the defendant and the same
procedures specified for successful completion of a drug diversion
program or a deferred entry of judgment program pursuant to Section
851.90 and the provisions of Section 1203.4 shall apply.
(6) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
(7) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(c) Funding for the deferred entry of judgment program pursuant to
this section shall be derived solely from nonstate sources.
(d) A parent or guardian of an elementary school pupil who is a
chronic truant, as defined in Section 48263.6 of the Education Code,
may not be punished for a violation of both this section and the
provisions of Section 272 that involve criminal liability for parents
and guardians of truant children.
(e) If any district attorney chooses to charge a defendant with a
violation of subdivision (a) and the defendant is found by the
prosecuting attorney to be eligible or ineligible for deferred entry
of judgment, the prosecuting attorney shall file with the court a
declaration in writing, or state for the record, the grounds upon
which that determination is based.