People v. A.N. (In Re A.N.)
11 Cal. App. 5th 403
| Cal. Ct. App. | 2017Background
- A.N., a high‑school student, accumulated 26 unexcused absences in the first half of the school year.
- School sent multiple truancy notices after successive absences and convened a School Attendance Review Board (SARB); absences continued before and after the SARB meeting.
- Two weeks before the SARB meeting the district attorney filed a juvenile petition to declare A.N. a habitual truant; the court sustained the petition and ordered a $50 fine.
- Statutory framework: three reported truancies trigger SARB involvement; a fourth truancy (six+ unexcused absences) or failure to comply with SARB may give juvenile court jurisdiction under Ed. Code § 48264.5 and Welf. & Inst. Code § 601(b).
- A.N. and amicus CRLA argued the juvenile court lacked jurisdiction because the SARB process and a fourth "truancy report" were prerequisite steps not satisfied here.
- The juvenile court and Court of Appeal concluded school officials followed required steps and that the court had jurisdiction; the order was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court jurisdiction requires completion of SARB directives before filing | Court/People: Jurisdiction exists when statutory thresholds met (four+ truancies); SARB is an available but not required path | A.N./CRLA: Juvenile court cannot intervene unless student fails to respond to SARB directives (or SARB process is exhausted) | SARB process is not a prerequisite; juvenile court may act when statutory truancy thresholds are met |
| Whether a fourth "truancy report" (not merely fourth truancy) must issue before court may assert jurisdiction | Court/People: Statute permits jurisdiction based on truancy counts; no rigid requirement of specific wording of reports | A.N./CRLA: Legislature intended "truancy report" to be a condition precedent; 2001/2012 amendments require a report issuance | Court rejects re‑insertion of "report" language; does not require a separate fourth report to vest jurisdiction |
Key Cases Cited
- In re Michael G., 44 Cal.3d 283 (1988) (discusses Legislature’s movement toward SARBs but does not make SARB a strict condition precedent)
- In re James D., 43 Cal.3d 903 (1987) (describes the educational, not penal, nature of California’s truancy scheme)
- Harrahill v. City of Monrovia, 104 Cal.App.4th 761 (2002) (interprets truancy thresholds and supports court jurisdiction where absences exceed statutory limits)