California Welfare and Institutions Code

§ 653.5

WIC § 653.5 Effective Jan 1, 2024Div. 2 · Part 1 · Ch. 2 · Art. 16

Statute text

(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 the probation officer deems necessary to determine whether proceedings in the juvenile court shall be commenced. If the probation officer determines that it is appropriate to recommend services to the family to prevent or eliminate the need for removal of the minor from the minor’s home, the probation officer shall make a referral to those services. The probation officer shall refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.

(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 the minor 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:

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Legislative history

Amended by Stats. 2023, Ch. 850, Sec. 1. (AB 1643) Effective January 1, 2024.