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Juvenile Services

Juvenile Law (Truancy and Curfew)

Truancy

Education Code (48264) Juveniles must attend school. Failing to attend can result in an appearance before the Student Attendance Review Board.

Daytime Loitering

Municipal Code 58.05b1 (PDF) governs that juveniles are not to be in public on a school day between 8:30 am and 1:30 p.m. without their parent or legal guardians' permission.

"Daytime Loitering hours" means the period from 8:30 am and 1:30 p.m. on any school day.

Daytime Loitering Restrictions

  • It is unlawful for any juvenile who is subject to compulsory education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for that juvenile.
  • It is unlawful for any juvenile who is subject to a compulsory alternative education program to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on any day when that juvenile would otherwise be required to attend a regular compulsory education school.
  • It is unlawful for the parent of any juvenile to knowingly permit or by insufficient control allow the juvenile to be in violation of Section 58.05(b)(1) or (2).

Daytime Loitering Exceptions

  • When the juvenile is accompanied by his or her parent or other adult having the care or custody of the juvenile
  • When the juvenile is on an emergency errand directed by his or her parent When the juvenile is going to, or coming directly from, their place of school-approved employment
  • When the juvenile is going to, or coming directly from, a medical appointment
  • When the juvenile has permission to leave the school campus for lunch or a school-sponsored activity or has in his or her possession a valid, school-issued, off-campus permit
  • When the juvenile is going to, or coming from, a compulsory alternative education program activity
  • When the juvenile is attending or, without any detour or stop, going to or returning from, an official school, religious, government-sponsored, or other recreational activity supervised by adults and sponsored by The City of San Diego or a civic organization.

Curfew

"Curfew hours" means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

Curfew Restrictions

  • It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of San Diego during curfew hour.
  • It is unlawful for any parent or guardian or a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

Curfew Exceptions

  • Accompanied by the minor's parent or guardian, or by a responsible adult
  • On an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop
  • In a motor vehicle involved in interstate travel
  • Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop
  • Involved in an emergency
  • On the sidewalk abutting the minor's residence
  • Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of San Diego, a civic organization, or another similar entity that takes responsibility for the minor
  • Exercising First Amendment rights protected by the United States Constitution
  • Emancipated pursuant to law.