People ex rel. Kottmeier v. Superior Court

In People ex rel. Kottmeier v. Superior Court (1987) 194 Cal. App. 3d 1536, the court construed a companion statute, section 654, which provides that if certain conditions are met, a probation officer may seek to avoid anticipated wardship proceedings by placing a minor in a program of supervision. The statute specifies that the program may continue for a time "not to exceed six months," and that a petition may be filed "at any time within the six-month period." ( 654.) In 1989 the Legislature amended this language to permit filing "within the six-month period or a 90-day period thereafter." (Stats. 1989, ch. 1117, 10, p. 4123, ) In Kottmeier, supra, 194 Cal. App. 3d 1536 at p. 1541, the court held that this language creates a rule of limitations requiring that any petition be filed within the six months allotted for such a program.