In re G.G. CA2/1

Filed 12/26/13 In re G.G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re G.G., a Person Coming Under the B246586 Juvenile Court Law.

(Los Angeles County THE PEOPLE, Super. Ct. No. KJ36545)

Plaintiff and Respondent,

v.

G.G.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Phyllis Shibata, Juvenile Court Referee. Affirmed. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Linda C. Johnson and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

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The juvenile court found G.G., a minor, to be a habitual truant and placed her home on probation. She contends the evidence of her truancy was inadmissible for lack of foundation and its admission violated her Sixth Amendment right to confront the witnesses against her. We affirm the judgment. FACTS AND PROCEEDINGS BELOW Welfare and Institutions Code section 601, subdivision (b) provides that if a minor has four or more truancies within one school year, as defined in Education Code section 48260, subdivision (a) or if “a school attendance review board . . . determines that the available public and private services are insufficient or inappropriate to correct the habitual truancy of the minor, . . . or if the minor fails to respond to directives of a school attendance review board . . . the minor is then within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court.” In July 2011, the Los Angeles County District Attorney filed a petition alleging that G.G. came within the provisions of Welfare and Institutions Code section 601 as a habitual truant. The petition alleged that G.G. “was absent or tardy from school without valid excuse” on eight days in the month of October 2009. It also alleged that G.G. and her parents were referred to the School Attendance Board in January 2010 and to the district attorney’s mediation program in May 2010. An adjudication hearing was held in November 2012. The People’s principal witness was Jennifer Kottke who, in 2009-2010, oversaw student attendance within the Rowland Unified School District (RUSD). Kottke testified that in the 2009-2010 school year G.G. was an 8th grade student within the RUSD. According to Kottke, RUSD maintained records of student attendance on a computer database called AERIES. The attendance information in the system is entered by the secretarial or attendance staff at the various schools. Kottke identified Exhibits 2 and 3 as attendance records showing that G.G. had unexcused absences on October 9, 12, 13, 14, 15, 16, 23, 24, 26 and 27, 2009. She testified that the records’ contents were generated by employees of RUSD in the regular