Probation services would check attendance in delinquency cases

Probation services would review attendance during a delinquency inquiry and arrange a meeting to start or review support when the child is chronically or excessively absent. A child is chronically absent after missing at least 10 percent of classes or school days for any reason while enrolled for more than 10 days. A child is excessively absent when the school identifies the child as needing intensive support and the child has not responded to the school's interventions. The meeting is required regardless of the alleged delinquent act or probation services' recommended case outcome. For a chronically absent child, probation services would schedule a meeting immediately after identifying the absence; it must take place within 10 business days after scheduling. For an excessively absent child who has a delinquency complaint or petition, the meeting must be scheduled immediately and held within five business days.

Public schools would give juvenile probation services a student's attendance and intervention records immediately upon request. For an excessively absent student, the school administrator would provide intervention records and the student's and parent's responses to probation services. The immediate-access rule covers a student's attendance records and records of attendance interventions and responses. The 10-business-day rule applies to excessively absent students reported to juvenile probation services. The 10-business-day record requirement applies when a student is identified as excessively absent. The school must provide requested attendance and intervention records immediately. For an excessively absent student, intervention records and responses are due within 10 business days after the student is identified as excessively absent.

Probation services would notify the children's court attorney about a child's chronic or excessive absence in certain delinquency cases. The attorney would decide whether the family needs court-ordered services and file a petition if so. The attorney's review follows notice of chronic or excessive absence in a misdemeanor or felony delinquency case. The family definition uses the Attendance for Success Act's meanings of chronic and excessive absence. The family must have refused family services, or the department must have exhausted appropriate and available services; court intervention must also be necessary. A petition alleging chronic or excessive school absence would need an affidavit from a school official or juvenile probation services officer.