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HomeMy WebLinkAbout4127 1 Ordinance No. 4127 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTERS 44-1 and 44-3 OF THE BUTTE COUNTY CODE ENTITLED "JUVENILE HALT CHARGES" 4 The Board of Supervisors of the County of Butte ordains as 5 follows : 6 7 8 Section 1 . Section 44-1 of the Butte County Code is amended by strikeout and/or underline as follows : 9 10 44-1 . Liability for cost of minor' s support in juvenile hall and related costs. 11 12 A parent of a minor, the estate of a parent and the estate of 13 the minor shall, pursuant to Welfare and Institutions Code 19 section 903 and this section, be liable for the reasonable cost 15 of support of the minor while the minor is placed, detained in 16 or committed to the Butte County Juvenile Hall pursuant to an 17 order of the Juvenile Court, as well as any other costs made 18 reimbursable by Welfare and Institutions Code sections 207 . 2, 19 903, 903 . 1, 903 . 2, 903 . 25, 903 . 3, 903. 5, or otherwise made 20 reimbursable by law. The liability of these persons and estates 21 shall be a joint and severable liability, provided, however, 22 that liability shall be imposed on a person only if he or she 23 has been determined to have the financial ability to pay, and is 24 ordered by the juvenile court to do so. 25 1 1 The reasonable cost of support of a minor chargeable pursuant to 2 Welfare and Institutions Code section 903, based upon the 3 average actual costs incurred by the county for food and food 4 preparations, clothing, personal supplies and medical expenses, 5 and excluding costs of incarceration, treatment or supervision, 6 shall be determined pursuant to Welfare and Institutions Code 7 section 904 and adopted by Resolution of the Board of 8 Supervisors as part of the Master Fee Schedule . 9 10 Section 2 . Section 44-3 of the Butte County Code is amended by 11 adding as follows : 12 44-3. Financial Evaluation Officer. 13 In accordance with Welfare and Institutions Code section 903 . 45, 14 the Butte County Treasurer-Tax Collector, or his or her 15 designee, is hereby designated as the County Financial 16 Evaluation Officer for purposes of evaluating the financial 17 ability of persons to pay the costs established in this Chapter. 18 19 Section 3 . Severability. If any provision of this Chapter or the 20 application thereof to any person or circumstance is for any 21 reason held to be invalid by a court of competent jurisdiction, 22 such provision shall be deemed severable, and the invalidity 23 thereof shall not affect the remaining provisions or other 24 applications of the Chapter which can be given effect without 25 the invalid provisions or applications thereof. 2 I. Section 4 . Effective Date and Publication. The Clerk of the Board 2 will publish the Ordinance codified in this Chapter as required by 3 law. The Ordinance codified in this Chapter shall take effect 4 thirty (30) days after final passage . 5 PASSED AND ADOPTED by the Board of Supervisors of the County of 6 Butte, State of California, on the 23rd day of May, 2017 by the 7 following vote: 8 9 AYES: Supervisors Wahl, Lambert, Teeter, and Chair Connelly 10 NOES: None 11 ABSENT: Supervisor Kirk 12 NOT VOTING: None 13 BILL CONNELLY, Chairo 14 Butte County Board of Supervisors 15 ATTEST: 16 PAUL HAHN, Chief administrative Officer and Clerk of the Board 17 18 By: SnnA�,��Ckk I Dep -yT 19 20 21 22 23 24: 25 3