In re Michael G

In In re Michael G. (1988) 44 Cal.3d 283, the California Supreme Court began by noting that specific statutes prohibited confinement of status offenders such as Michael, who was a juvenile court ward under section 601 for truancy. Michael was confined for contempt for failing to comply with his probationary conditions such as refraining from truancy and following through with his mandatory school program. In deciding whether Michael could be so confined despite the statutes prohibiting confinement for section 601 status wards, the court extensively reviewed applicable legislative history, noting that the Legislature had created certain limited exceptions to the confinement ban, such as permitting confinement while authorities check for warrants and find and notify the minor's parents. The court concluded that the statutory scheme contemplated limited confinement to assure control over section 601 status offenders and assure compliance with programs designed to reform the minor. The Supreme Court imposed a requirement that before imposing limited confinement for contempt, the juvenile court had to find that lesser alternatives had been ineffective, and that the confinement would further the minor's rehabilitation. The court also required that such confinement must be in separate facilities from those housing delinquent section 602 wards, to avoid further undermining the rehabilitation of a section 601 status ward. Finally, the court noted that the Legislature could set limits on a court's contempt power, but to eliminate it altogether might raise separation of powers issues.