In re M.R.

A minor declared a ward of the juvenile court solely as a result of the minor’s habitual truancy may not be placed in secure confinement during nonschool hours except under limited circumstances. (Welf. & Inst. Code, §§ 207, subds. (a), (b), 601, subd. (b).) Notwithstanding the statutory limitations on the confinement of truants, in In re Michael G. (1988) 44 Cal.3d 283, 287 [ 243 Cal.Rptr. 224 , 747 P.2d 1152 ] (Michael G.), our Supreme Court held that the juvenile court retains the authority to order the secure confinement of a habitual truant who is found to be in contempt of court.

This appeal presents the question of whether the juvenile court must comply with statutory procedures governing civil contempt proceedings (Code Civ. Proc., §§ 1209-1222) before ordering the secure confinement of a contemptuous habitual truant pursuant to Michael G., supra, 44 Cal.3d 283 . We conclude that title 5 of part 3 of the Code of Civil Procedure, which governs civil contempt proceedings, applies in truancy cases. Because the juvenile court in this case did not comply with those statutory procedures, we shall annul the order of contempt.

Factual and Procedural Background

On…