West Covina Municipal Code § 18-31 Juvenile administrative cost recovery

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Editor's note— Ord. No. 1942, § 1, adopted Sept. 20, 1994, added new §§ 18-25—18-28. In order to facilitate future amendment of the Code, the editor has redesignated said provisions as § 18-31—18-34.

(a) Responsibility for costs. Based on a finding of civil liability or criminal conviction in any instance involving willful misconduct by a juvenile (under eighteen (18) years of age) including, but not limited to those described below, or the negligence of a juvenile's parent or guardian, when a juvenile, in accordance with the provisions of Welfare and Institutions Code Section 602 is detained for a period in excess of one (1) hour, and said detention required the supervision of the juvenile offender by a West Covina police department employee(s), then the parent(s) or legal guardian(s) having custody and control of the juvenile shall be liable for the cost of providing such police services over and above the services normally provided by the department, and shall be required to reimburse the city as set out in Civil Code Section 1714.1. The city reserves its right to exercise any and all other rights to legal remedies.

(b) Acts of wilful misconduct listed. Acts of willful misconduct or parental negligence supporting such reimbursement or any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another; parental knowledge of prior misconduct, i.e., any misconduct of a minor based on repeated and specific violative behavior, such that the parent(s) or guardians) reasonably have knowledge of and the opportunity to correct the specific propensity on the part of the minor; subject to Penal Code Section 490.5, theft from merchant or library, i.e., any act of willful misconduct of a minor which constitutes petty theft or merchandise from a merchant or library materials or books from a library facility; parental permitted or negligent access to firearms, i.e., any misconduct of a minor based on repeated access to firearms or other deadly instruments, such that parent(s) or guardian(s) reasonably have knowledge of and the opportunity to remove access of the minor to the deadly instrument; contribution to the delinquency of a minor, i.e. any misconduct of a minor based on the parent(s) or guardian(s) contributing to the delinquency of the minor, including one who by act or omission encourages a minor to fail or refuse to conform to a lawful order of the juvenile court.

(Ord. No. 1942, § 1, 9-20-94)

Whenever a juvenile is detained by the West Covina police department for the commission of a public offense described in section 18-25 above, and the detention exceeds one (1) hour, a copy of the crime and/or detention report shall be forwarded to the finance department to process for reimbursement. The amount of reimbursement shall include actual costs as well as direct and indirect overhead, including but not limited to police department supervisory personnel, equipment and facility costs and so forth.

(Ord. No. 1942, § 1, 9-20-94)

The city may adopt administrative rules and regulations for the purpose of implementing the provisions of this section.

(Ord. No. 1942, § 1, 9-20-94)

Any failure of the persons to make payment shall constitute a debt due to the city.

(Ord. No. 1942, § 1, 9-20-94)