270-286

WELFARE AND INSTITUTIONS CODE
SECTION 270-286




270.  Except as provided in Section 69906.5 of the Government Code,
there shall be in each county the offices of probation officer,
assistant probation officer, and deputy probation officer. A
probation officer shall be appointed in every county.
   Probation officers in any county shall be nominated by the
juvenile justice commission or regional juvenile justice commission
of such county in such manner as the judge of the juvenile court in
that county shall direct, and shall then be appointed by such judge.
   The probation officer may appoint as many deputies or assistant
probation officers as the probation officer desires; but such
deputies or assistant probation officers shall not have authority to
act until their appointments have been approved by a majority vote of
the members of the juvenile justice commission, and by the judge of
the juvenile court. The term of office of each such deputy or
assistant probation officer shall expire with the term of the
probation officer who appointed the deputy or assistant probation
officer, but the probation officer, with the written approval of the
majority of the members of the juvenile justice commission and of the
judge of the juvenile court, may, in the probation officer's
discretion, revoke and terminate any such appointment at any time.
   Probation officers may at any time be removed by the judge of the
juvenile court for good cause shown; and the judge of the juvenile
court may in the judge's discretion at any time remove any such
probation officer with the written approval of a majority of the
members of the juvenile justice commission.



271.  In counties having charters which provide a method of
appointment and tenure of office for probation officers, assistant
probation officers, deputy probation officers, and the
superintendent, matron, and other employees of the juvenile hall,
such charter provisions shall control as to such matters, and in
counties which have established or hereafter establish merit or civil
service systems governing the methods of, appointment and the tenure
of office of, probation officers, assistant probation officers,
deputy probation officers, and of the superintendents, matrons and
other employees of the juvenile hall, the provisions of such merit or
civil service systems shall control as to such matters; but in all
other counties, such matters shall be controlled exclusively by the
provisions of this code.



272.  (a) (1) The board of supervisors may delegate to the county
welfare department all or part of the duties of the probation officer
concerning dependent children described in Section 300.
   (2) The State Department of Social Services may delegate child
welfare service or AFDC-FC foster care payment duties, or both,
concerning dependent children described in Section 300 to any Indian
tribe that has entered into an agreement pursuant to Section 10553.1.
   (b) The board of supervisors may also delegate to those persons
within the county welfare department and to any Indian tribe that has
entered into an agreement pursuant to Section 10553.1 performing
child welfare services the probation officer's right of access to
state summary criminal history information pursuant to Section 11105
of the Penal Code as is necessary to carry out its duties concerning
children reasonably believed to be described by Section 300. The
information shall include any current incarceration, the location of
any current probation or parole, any current requirement that the
individual register pursuant to Section 290 or 457.1 of the Penal
Code, or pursuant to Section 11140 or 11590 of the Health and Safety
Code, and any history of offenses involving abuse or neglect of, or
violence against, a child, or convictions of any offenses involving
violence, sexual offenses, the abuse or illegal possession,
manufacture, or sale of alcohol or controlled substances, and any
arrest for which the person is released on bail or on his or her own
recognizance.
   (c) Notwithstanding subdivision (a), a social worker in a county
welfare department or an Indian tribe that has entered into an
agreement pursuant to Section 10553.1 may perform the duties
specified by Section 306.



273.  The probation officer may, within budgetary limitations
established by the board of supervisors, employ such psychiatrists,
psychologists, and other clinical experts as are required to assist
in determining appropriate treatment of minors within the
jurisdiction of the juvenile court and in the implementation of such
treatment.



274.  Each probation officer and each assistant and deputy probation
officer receiving an official salary shall furnish a bond in the sum
of not more than two thousand dollars ($2,000) and approved by the
judge of the juvenile court, conditioned for the faithful discharge
of the duties of his office. If such bonds, or any of them, are
furnished by a surety company licensed to transact business in the
state, the premium thereon shall be paid out of the county treasury.
In the event the probation officer, assistants and deputies are
included as covered employees in a master bond pursuant to Sections
1481 and 1481.1 of the Government Code, the individual bonds
prescribed above shall not be required.



275.  (a) For the purpose of handling the reimbursement and other
payments provided for in this chapter, the probation officer or other
county officer designated by the board of supervisors of the county
shall keep suitable books and accounts and shall give and keep
suitable receipts and vouchers.
   (b) The auditor of the county shall audit these books and accounts
annually, or at least biennially if so ordered by the board of
supervisors upon the recommendation of the county auditor, on a
fiscal year basis ending June 30 and shall make a report thereon to
the judge of the court and to the supervisors of the county prior to
the 31st day of the next succeeding month of January. This
subdivision shall become inoperative on July 1, 1993, and shall
remain inoperative until July 1, 1994, on which date this section
shall become operative.



276.  In addition to the powers and duties of the probation officer
elsewhere prescribed in this chapter, the probation officer is
authorized to receive money, give his or her receipt therefor,
deposit or invest such money as soon as practicable in the county
treasury, in a commercial bank account designated and approved for
such a purpose by the board of supervisors, or in investment
certificates or share accounts issued by a savings and loan
association doing business in this state, insured by the Federal
Savings and Loan Insurance Corporation and designated and approved
for such purpose by the board of supervisors, and direct the
disbursement thereof, in any of the following instances:
   (a) Money payable to spouse or child in an action for divorce,
separate maintenance, or similar action, together with court costs,
upon order of a court of competent jurisdiction. Instead of
designating the probation officer to act as court trustee for the
receipt and disbursement of money payable to a spouse or child under
this subdivision, the court may designate in its order a bonded
employee of the court to act as court trustee for that purpose.
   (b) Money payable to or on behalf of a ward or dependent child of
the juvenile court or a person concerning whom a petition has been
filed in the juvenile court. The probation officer may petition the
court for approval of any past or prospective disbursement.
   (c) Money payable to, by, or on behalf of probationers under the
supervision of the probation officer. The probation officer may
petition the court for approval of any past or prospective
disbursement.
   (d) Money payable to a child, wife, or indigent parent when it has
been alleged or claimed that there has been a violation of either
Section 270, 270a, or 270c of the Penal Code and the matter has been
referred to the probation officer by the district attorney.
   (e) Gifts of money made to the county to assist in the prevention
or correction of delinquency or crime when the donor requests the
probation officer to disburse such funds for such purposes and the
board of supervisors accepts the gift upon such conditions.
   (f) Other similar cases.
   In addition to the foregoing, the probation officer is authorized
to receive money payable to the county when ordered to do so by a
court of competent jurisdiction. Such money shall be deposited or
invested in the same manner as the other items set forth in this
section.
   If a bank account or savings and loan association investment
certificate or share account is authorized pursuant to this section,
the probation officer shall pay into the county treasury all money
collected by him or under his or her control during the preceding
month that is payable into the treasury in conformity with Section
24353 of the Government Code.



277.  The probation officer may authorize the sale of articles of
handiwork made by wards under the jurisdiction of the probation
officer to the public at probation institutions, in public buildings,
at fairs, or on property operated by nonprofit associations. The
cost of any county materials or other property consumed in the
manufacture of articles shall be paid for out of funds received from
the sale of the articles. The remainder of any funds received from
the sale of the articles shall be placed in the ward's trust account
pursuant to subdivision (b) of Section 276.



278.  The board of supervisors may delegate to the auditor or other
county officer any of the functions of the probation officer
authorized by Section 276 and required by Sections 1685 to 1687,
inclusive, of the Code of Civil Procedure.


279.  The board of supervisors may impose a service charge at a
uniform rate sufficient to defray the cost of services of the
probation officer or other officer designated to act as trustee, not
exceeding 2 percent of the amount collected, in addition to the
payments made under subdivision (a), (c), (d), or (f) of Section 276.
However, a service charge may not be imposed for services relating
to child support.
   The service charge imposed in relation to payments under
subdivision (c) of Section 276 shall be imposed only for payments
made by probationers, and the service charge imposed in relation to
payments made under subdivision (f) of Section 276 shall be imposed
only for cases similar to those listed in subdivision (a), (c), or
(d) of that section.
   When the payments are ordered by the court, the payment of the
service charge shall be included in the order. All proceeds shall be
deposited in the general fund of the county.



280.  Except where waived by the probation officer, judge, or
referee and the minor, the probation officer shall be present in
court to represent the interests of each person who is the subject of
a petition to declare that person to be a ward or dependent child
upon all hearings or rehearings of his or her case, and shall furnish
to the court such information and assistance as the court may
require. If so ordered, the probation officer shall take charge of
that person before and after any hearing or rehearing.
   It shall be the duty of the probation officer to prepare for every
hearing on the disposition of a case as provided by Section 356,
358, 358.1, 361.5, 364, 366, 366.2, or 366.21 as is appropriate for
the specific hearing, or, for a hearing as provided by Section 702, a
social study of the minor, containing such matters as may be
relevant to a proper disposition of the case. The social study shall
include a recommendation for the disposition of the case.




281.  The probation officer shall upon order of any court in any
matter involving the custody, status, or welfare of a minor or
minors, make an investigation of appropriate facts and circumstances
and prepare and file with the court written reports and written
recommendations in reference to such matters. The court is authorized
to receive and consider the reports and recommendations of the
probation officer in determining any such matter.



281.5.  If a probation officer determines to recommend to the court
that a minor alleged to come within Section 300, 601, or 602, or
adjudged to come within Section 300, 601, or 602 should be removed
from the physical custody of his parent or guardian, the probation
officer shall give primary consideration to recommending to the court
that the minor be placed with a relative of the minor, if such
placement is in the best interests of the minor and will be conducive
to reunification of the family.



282.  At any time the judge of the juvenile court may, and upon the
request of the county board of supervisors shall, require the
probation officer to examine into and report to the court upon the
qualifications and management of any society, association, or
corporation, other than a state institution, which applies for or
receives custody of any ward or dependent child of the juvenile
court. No probation officer, however, shall, under authority of this
section, enter any institution without its consent. If such consent
is refused, commitments to that institution shall not be made.



283.  Every probation officer, assistant probation officer, and
deputy probation officer shall have the powers and authority
conferred by law upon peace officers listed in Section 830.5 of the
Penal Code.


284.  All probation officers shall make such special and periodic
reports to the Youth Authority as the authority may require and upon
forms furnished by the authority.



285.  All probation officers shall make periodic reports to the
Attorney General at those times and in the manner prescribed by the
Attorney General, provided that no names or social security numbers
shall be transmitted regarding any proceeding under Section 300 or
601.



286.  Any person lawfully appointed to serve as a probation officer
or assistant or deputy probation officer prior to the effective date
of this section shall continue in his office or employment as if
appointed in the manner prescribed by this article.