SECTIONS 245-265

245.  Each superior court shall exercise the jurisdiction conferredby this chapter, and while sitting in the exercise of suchjurisdiction, shall be known and referred to as the juvenile court.Appealable orders and judgments of the juvenile court are subject tothe appellate jurisdiction of the court of appeal.245.5.  In addition to all other powers granted by law, the juvenilecourt may direct all such orders to the parent, parents, or guardianof a minor who is subject to any proceedings under this chapter asthe court deems necessary and proper for the best interests of or forthe rehabilitation of the minor. These orders may concern the care,supervision, custody, conduct, maintenance, and support of the minor,including education and medical treatment.246.  The presiding judge of the superior court shall annually, inthe month of January, designate one or more judges of the court tohear all cases under this chapter during the ensuing year, and shall,from time to time, designate such additional judges as may benecessary for the prompt disposition of the judicial business beforethe juvenile court. In all counties where more than one judge is designated as a judgeof the juvenile court, the presiding judge of the superior courtshall also designate one such judge as presiding judge of thejuvenile court.247.5.  The provisions of Sections 170 and 170.6 of the Code ofCivil Procedure shall apply to a referee, provided, that thepresiding judge of the juvenile court shall if the motion is grantedreassign the matter to another referee or to a judge of the juvenilecourt.248.  (a) A referee shall hear those cases that are assigned to himor her by the presiding judge of the juvenile court, with the samepowers as a judge of the juvenile court, except that a referee shallnot conduct any hearing to which the state or federal constitutionalprohibitions against double jeopardy apply unless all of the partiesthereto stipulate in writing that the referee may act in the capacityof a temporary judge. A referee shall promptly furnish to thepresiding judge of the juvenile court and the minor, if the minor is14 or more years of age or if younger has so requested, and shallserve upon the minor's attorney of record and the minor's parent orguardian or adult relative and the attorney of record for the minor'sparent or guardian or adult relative a written copy of his or herfindings and order and shall also furnish to the minor, if the minoris 14 or more years of age or if younger has so requested, and to theparent or guardian or adult relative, with the findings and order, awritten explanation of the right of those persons to seek review ofthe order by the juvenile court. (b) Service, as provided in this section, shall be made asfollows: (1) If a minor, parent, or guardian is present in court at thetime the findings and order are made, then the findings and order maybe served in court on any minor, parent, or guardian who is presentin court on that date and a written explanation of the right to seekreview of the order as required pursuant to subdivision (a) shall befurnished at that time. (2) If paragraph (1) is not applicable, service shall be made bymail, within the time period specified in Section 248.5, to the lastknown address of those persons or to the address designated by thosepersons appearing at the hearing before the referee and the mailingshall include, if applicable, the written explanation of the right toseek review of the order. If the parent or guardian does not have alast known address designated, then service by mail shall be to thatparty in care of his or her counsel.248.5.  All written findings and orders of the court shall be servedby the clerk of the court personally or by first-class mail withinthree judicial days of their issuance on the petitioner, the minor orthe minor's counsel, the parent or the parent's counsel, and theguardian or the guardian's counsel.249.  No order of a referee removing a minor from his home shallbecome effective until expressly approved by a judge of the juvenilecourt.250.  Except as provided in Section 251, all orders of a refereeother than those specified in Section 249 shall become immediatelyeffective, subject also to the right of review as hereinafterprovided, and shall continue in full force and effect until vacatedor modified upon rehearing by order of the judge of the juvenilecourt. In a case in which an order of a referee becomes effectivewithout approval of a judge of the juvenile court, it becomes finalon the expiration of the time allowed by Section 252 for applicationfor rehearing, if application therefor is not made within such timeand if the judge of the juvenile court has not within such timeordered a rehearing pursuant to Section 253. Where a referee sits as a temporary judge, his or her ordersbecome final in the same manner as orders made by a judge.251.  The judge of the juvenile court, or in counties having morethan one judge of the juvenile court, the presiding judge of thejuvenile court may establish requirements that any or all orders ofreferees shall be expressly approved by a judge of the juvenile courtbefore becoming effective.252.  At any time prior to the expiration of 10 days after serviceof a written copy of the order and findings of a referee, a minor orhis or her parent or guardian or, in cases brought pursuant toSection 300, the county welfare department may apply to the juvenilecourt for a rehearing. That application may be directed to all or toany specified part of the order or findings, and shall contain astatement of the reasons the rehearing is requested. If all of theproceedings before the referee have been taken down by an officialreporter, the judge of the juvenile court may, after reading thetranscript of those proceedings, grant or deny the application. Ifproceedings before the referee have not been taken down by anofficial reporter, the application shall be granted as of right. Ifan application for rehearing is not granted, denied, or extendedwithin 20 days following the date of its receipt, it shall be deemedgranted. However, the court, for good cause, may extend the periodbeyond 20 days, but not in any event beyond 45 days, following thedate of receipt of the application, at which time the application forrehearing shall be deemed granted unless it is denied within thatperiod. All decisions to grant or deny the application, or to extendthe period, shall be expressly made in a written minute order withcopies provided to the minor or his or her parent or guardian, and tothe attorneys of record.253.  A judge of the juvenile court may, on his own motion madewithin 20 judicial days of the hearing before a referee, order arehearing of any matter heard before a referee.254.  All rehearings of matters heard before a referee shall bebefore a judge of the juvenile court and shall be conducted de novo.255.  The court may appoint as subordinate judicial officers one ormore persons of suitable experience, who may be a probation officeror assistant or deputy probation officers, to serve as juvenilehearing officers on a full-time or part-time basis. A hearing officershall serve at the pleasure of the court, and unless the court makesan order terminating the appointment of a hearing officer, thehearing officer shall continue to serve until the appointment of hisor her successor. The court shall determine whether any compensationshall be paid to hearing officers, not otherwise employed by a publicagency or holding another public office, and shall establish theamounts and rates thereof. An appointment of a probation officer,assistant probation officer, or deputy probation officer as ajuvenile hearing officer may be made only with the consent of theprobation officer. A juvenile court shall be known as the InformalJuvenile and Traffic Court when a hearing officer appointed pursuantto this section hears a case specified in Section 256.256.  Subject to the orders of the juvenile court, a juvenilehearing officer may hear and dispose of any case in which a minorunder the age of 18 years as of the date of the alleged offense ischarged with (1) any violation of the Vehicle Code, except Section23136, 23140, 23152, or 23153 of that code, not declared to be afelony, (2) a violation of subdivision (m) of Section 602 of thePenal Code, (3) a violation of the Fish and Game Code not declared tobe a felony, (4) a violation of any of the equipment provisions ofthe Harbors and Navigation Code or the vessel registration provisionsof the Vehicle Code, (5) a violation of any provision of state orlocal law relating to traffic offenses, loitering or curfew, orevasion of fares on a public transportation system, as defined bySection 99211 of the Public Utilities Code, (6) a violation ofSection 27176 of the Streets and Highways Code, (7) a violation ofSection 640 or 640a of the Penal Code, (8) a violation of the rulesand regulations established pursuant to Sections 5003 and 5008 of thePublic Resources Code, (9) a violation of Section 33211.6 of thePublic Resources Code, (10) a violation of Section 25658, 25658.5,25661, or 25662 of the Business and Professions Code, (11) aviolation of subdivision (f) of Section 647 of the Penal Code, (12) amisdemeanor violation of Section 594 of the Penal Code, involvingdefacing property with paint or any other liquid, (13) a violation ofsubdivision (b), (d), or (e) of Section 594.1 of the Penal Code,(14) a violation of subdivision (b) of Section 11357 of the Healthand Safety Code, (15) any infraction, or (16) any misdemeanor forwhich the minor is cited to appear by a probation officer pursuant tosubdivision (f) of Section 660.5.256.5.  A juvenile hearing officer may request the juvenile courtjudge or referee to issue a warrant of arrest against a minor who isissued and signs a written notice to appear for any violation listedin Section 256 and who fails to appear at the time and placedesignated in the notice. The juvenile court judge or referee mayissue and have delivered for execution a warrant of arrest against aminor within 20 days after the minor's failure to appear as promisedor within 20 days after the minor's failure to appear after alawfully granted continuance of his or her promise to appear. Ajuvenile hearing officer who is also a referee or juvenile courtjudge may personally issue the warrant of arrest.257.  (a) (1) Except in the case of infraction violations, with theconsent of the minor, a hearing before a juvenile hearing officer, ora hearing before a referee or a judge of the juvenile court, wherethe minor is charged with an offense as specified in this section,may be conducted upon an exact legible copy of a written notice givenpursuant to Article 2 (commencing with Section 40500) of Chapter 2of Division 17 or Section 41103 of the Vehicle Code, or an exactlegible copy of a written notice given pursuant to Chapter 5C(commencing with Section 853.5) of Title 3 of Part 2 of the PenalCode when the offense charged is a violation listed in Section 256,or an exact legible copy of a citation as set forth in subdivision(e) of Section 660.5, in lieu of a petition as provided in Article 16(commencing with Section 650). (2) Notwithstanding any other provision of law, in the case ofinfraction violations, consent of the minor is not required prior toconducting a hearing upon written notice to appear. (b) Prior to the hearing, the judge, referee, or juvenile hearingofficer may request the probation officer to commence a proceeding,as provided in Article 16 (commencing with Section 650), in lieu of ahearing in Informal Juvenile and Traffic Court.258.  (a) Upon a hearing conducted in accordance with Section 257,and upon either an admission by the minor of the commission of aviolation charged, or a finding that the minor did in fact commit theviolation, the judge, referee, or juvenile hearing officer may doany of the following: (1) Reprimand the minor and take no further action. (2) Direct that the probation officer undertake a program ofsupervision of the minor for a period not to exceed six months, inaddition to or in place of the following orders. (3) Order that the minor pay a fine up to the amount that an adultwould pay for the same violation, unless the violation is otherwisespecified within this section, in which case the fine shall notexceed two hundred fifty dollars ($250). This fine may be levied inaddition to or in place of the following orders and the court maywaive any or all of this fine, if the minor is unable to pay. Indetermining the minor's ability to pay, the court may not considerthe ability of the minor's family to pay. (4) Subject to the minor's right to a restitution hearing, orderthat the minor pay restitution to the victim, in lieu of all or aportion of the fine specified in paragraph (3). The total dollaramount of the fine, restitution, and any program fees orderedpursuant to paragraph (9) may not exceed the maximum amount which maybe ordered pursuant to paragraph (3).This paragraph may not beconstrued to limit the right to recover damages, less any amountactually paid in restitution, in a civil action. (5) Order that the driving privileges of the minor be suspended orrestricted as provided in the Vehicle Code or, notwithstandingSection 13203 of the Vehicle Code or any other provision of law, whenthe Vehicle Code does not provide for the suspension or restrictionof driving privileges, that, in addition to any other order, thedriving privileges of the minor be suspended or restricted for aperiod of not to exceed 30 days. (6) In the case of a traffic related offense, order the minor toattend a licensed traffic school, or other court approved program oftraffic school instruction pursuant to Chapter 1.5 (commencing withSection 11200) of Division 5 of the Vehicle Code, to be completed bythe juvenile within 60 days of the court order. (7) Order that the minor produce satisfactory evidence that thevehicle or its equipment has been made to conform with therequirements of the Vehicle Code pursuant to Section 40150 of theVehicle Code if the violation involved an equipment violation. (8) Order that the minor perform community service work in apublic entity or any private nonprofit entity, for not more than 50hours over a period of 60 days, during times other than his or herhours of school attendance or employment. Work performed pursuant tothis paragraph may not exceed 30 hours during any 30-day period. Thetimeframes established by this paragraph may not be modified exceptin unusual cases where the interests of justice would best be served.When the order to work is made by a referee or a juvenile hearingofficer, it shall be approved by a judge of the juvenile court. For the purposes of this paragraph, a judge, referee, or juvenilehearing officer may not, without the consent of the minor, order theminor to perform work with a private nonprofit entity that isaffiliated with any religion. (9) In the case of a misdemeanor, order that the minor participatein and complete a counseling or educational program, or, if theoffense involved a violation of a controlled substance law, a drugtreatment program, if those programs are available. Any fees forparticipation shall be subject to the right to a hearing as the minor's ability to pay and may not, together with any fine or restitutionorder, exceed the maximum amount that may be ordered pursuant toparagraph (3). (10) Require that the minor attend a school program withoutunexcused absence. (11) If the offense is a misdemeanor committed between 10 p.m. and6 a.m., require that the minor be at his or her legal residence athours to be specified by the juvenile hearing officer between thehours of 10 p.m. and 6 a.m., except for a medical or other emergency,unless the minor is accompanied by his or her parent, guardian, orother person in charge of the minor. The maximum length of an ordermade pursuant to this paragraph shall be six months from theeffective date of the order. (12) Make any or all of the following orders with respect to aviolation of the Fish and Game Code which is not charged as a felony: (A) That the fishing or hunting license involved be suspended orrestricted. (B) That the minor work in a park or conservation area for a totalof not to exceed 20 hours over a period not to exceed 30 days,during times other than his or her hours of school attendance oremployment. (C) That the minor forfeit, pursuant to Section 12157 of the Fishand Game Code, any device or apparatus designed to be, and capable ofbeing, used to take birds, mammals, fish, reptiles, or amphibia andwhich was used in committing the violation charged. The judge,referee, or juvenile hearing officer shall, if the minor committed anoffense which is punishable under Section 12008 of the Fish and GameCode, order the device or apparatus forfeited pursuant to Section12157 of the Fish and Game Code. (13) If the violation charged is of an ordinance of a city,county, or local agency relating to loitering, curfew, or fareevasion on a public transportation system, as defined by Section99211 of the Public Utilities Code, or is a violation of Section 640or 640a of the Penal Code, make the order that the minor shallperform community service for a total time not to exceed 20 hoursover a period not to exceed 30 days, during times other than his orher hours of school attendance or employment. (b) The judge, referee, or juvenile hearing officer shall retainjurisdiction of the case until all orders made under this sectionhave been fully complied with.260.  A juvenile hearing officer shall promptly furnish a writtenreport of his or her findings and orders to the clerk of the juvenilecourt. The clerk of the juvenile court shall promptly transmit anabstract of those findings and orders to the Department of MotorVehicles.261.  Subject to the provisions of Section 262, all orders of ajuvenile hearing officer shall be immediately effective.262.  Upon motion of the minor or his or her parent or guardian forgood cause, or upon his or her own motion, a judge of the juvenilecourt may set aside or modify any order of a juvenile hearingofficer, or may order or himself or herself conduct a rehearing. Ifthe minor or parent or guardian has made a motion that the judge setaside or modify the order or has applied for a rehearing, and thejudge has not set aside or modified the order or ordered or conducteda rehearing within 10 days after the date of the order, the motionor application shall be deemed denied as of the expiration of thatperiod.263.  At any time prior to the final disposition of a hearingpursuant to Section 257, the judge, referee, or juvenile hearingofficer may, on motion of the minor, his or her parent, or guardian,or on its own motion, transfer the case to the county of the minor'sresidence for further proceedings pursuant to Sections 258, 260, 261,and 262.264.  At the direction and under the supervision of the JudicialCouncil, judges of the juvenile courts and juvenile court refereesshall meet from time to time in statewide or regional conferences, todiscuss problems arising in the course of administration of thischapter, for the purpose of improving the administration of justicein the juvenile courts. Actual and necessary expenses incurred by ajudge or referee in attending any such conference shall be a chargeupon the county.265.  The Judicial Council shall establish rules governing practiceand procedure in the juvenile court not inconsistent with law.