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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 9§ 359 Minor Drug Detention Orders

§ 359 Minor Drug Detention Orders

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 359 Minor Drug Detention Orders

Key Takeaways

  • •If a kid is in trouble because of drugs and seems dangerous to themselves or others, a judge can send them to a special place for 3 days to get help and check if they need more treatment.
  • •After the 3 days, if the doctors say the kid is not dangerous or doesn’t need more help, the kid can go home, get more help if they want, or go back to court.
  • •The cost of this help is paid for by the state, not the kid’s family.

Example

A 16-year-old is caught with drugs and is acting violently. The police take them to court.

The judge can send the teen to a special place for 3 days to get checked out. If the doctors say the teen is okay after 3 days, they can go home or get more help if needed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 359 Minor Drug Detention Orders

(a) Whenever a minor who appears to be a danger to himself or others as a result of the use of narcotics, as defined in Section 11019 of the Health and Safety Code, or a restricted dangerous drug (as defined in former Section 11901 of the Health and Safety Code), is brought before any judge of the juvenile court, the judge may continue the hearing and proceed pursuant to this section. The court may order the minor taken to a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Thereupon the provisions of Section 11922 of the Health and Safety Code shall apply, except that the professional person in charge of the facility shall make a written report to the court concerning the results of the evaluation of the minor. (b) If the professional person in charge of the facility for 72-hour evaluation and treatment reports to the juvenile court that the minor is not a danger to himself or others as a result of the use of narcotics or restricted dangerous drugs or that the minor does not require 14-day intensive treatment, or if the minor has been certified for not more than 14 days of intensive treatment and the certification is terminated, the minor shall be released if the juvenile court proceedings have been dismissed; referred for further care and treatment on a voluntary basis, subject to the disposition of the juvenile court proceedings; or returned to the juvenile court, in which event the court shall proceed with the case pursuant to this chapter. (c) Any expenditure for the evaluation or intensive treatment of a minor under this section shall be considered an expenditure made under Part 2 (commencing with Section 5600) of Division 5, and shall be reimbursed by the state as are other local expenditures pursuant to that part. (Amended by Stats. 2013, Ch. 23, Sec. 27. (AB 82) Effective June 27, 2013.)

Last verified: January 23, 2026

Key Terms

treatmentevaluationfacilitydangerhealthporthearingfine

Related Statutes

  • § 708 Minor Drug Danger Evaluation
  • § 5250 14-Day Mental Health Certification
  • § 5276 Patient Judicial Review Rights
  • § 361.22 Child Placement Court Review
  • § 5150.2 Peace Officer Detention Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 359.
View Official Source