People v. Gerald B.

This appeal raises two issues: (1) whether a juvenile court may impose regular school attendance as a condition of probation following a wardship adjudication under section 602 of the Welfare and Institutions Code; 1 and (2) whether such condition may validly require summary detention in the event of noncompliance. We conclude that while school attendance is an appropriate condition of probation, its violation may not be summarily enforced.

On February 28, 1979, Gerald, then 16 years of age, was adjudicated a ward of the court pursuant to the provisions of section 602. The offense charged was petty theft (a bottle of whiskey). On March 14, *122 1979, a dispositional hearing was held. The probation report considered by the court revealed prior contacts with authorities for curfew violation and public intoxication as well as an unspecified criminal charge pending in another jurisdiction; the report further disclosed a record of irregular school attendance and marked academic underachievement. The probation department recommended that Gerald be placed on formal probation for a period of six months in the custody of his mother, subject to alcohol abuse and family counseling…