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SARB Truancy Prosecution

Truancy and the Law in Shasta County (PDF)

California Penal Code §272

Contributing to the deliquency of a minor

When a school in Shasta County refers a case to the District Attorney's Office for a student's absences from school, a complaint is filed against the parent(s) for violation of an infraction , punishable by fines only. If the student's attendance is not improved during or after the infraction process, the SARB Truancy Prosecution Specialist compiles the information and has a complaint filed against the parent(s) for violation of Penal Code §272; Contributing to the Delinquency of a Minor, a misdemeanor. A warrant is issued and the District Attorney Investigator assigned to SARB, or another Officer of the Law, arrests the parent(s) and they are booked into the Shasta County Jail.

Of the cases that have gone to court in Shasta County for these misdemeanor charges since 1998, all of the defendants have pleaded guilty. The usual practice of the court is to put the parent on three years of probation with the following terms:

  1. All of your school age child(ren) shall have no unexcused absences or unexcused tardies in excess of 30 minutes.
  2. You shall provide written explanation to the school(s) within 5 calendar days of any absence or tardy.
  3. You shall provide written notice to any school of attendance upon transfer of the child(ren) from that school to any other school. The notice shall be provided within 14 calendar days of the transfer and shall include the name and address of the new school(s) of attendance.
  4. Your child(ren) shall attend public school. Your child(ren) shall not be enrolled in independent study.
  5. You shall obey all laws.
  6. Any fine the court would like to impose will be imposed.

The SARB Truancy Prosecution Specialist monitors the student's attendance for the entire three years of probation. If the parent does not comply with the terms of probation, a Violation of Probation, is filed and a warrant is issued for the parent(s) arrest. In Shasta County we have had parents serve up to 60 days in jail for this violation. Even after the probation period has expired, if there are still school age children in the family, the SARB Truancy Prosecution Specialist monitors those children's attendance.

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