Juvenile Court Information for Parents

• My child came home after being arrested. What will happen now?

Your county’s probation department will probably get in touch with you and ask your child to come in for a meeting with a probation officer. You will receive a Notice to Appear (a specific date and time you must show up at the probation department).
In very serious cases, your child may receive a Notice to Appear directly in juvenile court.

 

• My child was arrested and taken into custody. What can the arresting officer do?

The officer may do one of the five (5) things:

• Let your child go home to you or accompany him or her home or back to the place of arrest, and maintain a record of the contact.
• Refer your child to a community agency providing shelter, care, diversion, or counseling.
• In some counties, require your child to return to the police station rather than to the Probation Department (this is sometimes referred to as "cited back’).
• Give you and your child a Notice to Appear.
• Shortly after the arrest, lock up your child in the probation Juvenile Hall (this is called ‘detention’). If your child is locked up or held by the officer, your child has the right to make at least two (2) phone calls no later than one hour after arrest. One of the phone calls must be a completed call to a parent, guardian, responsible relative, or employer. The other call must be a completed call to an attorney. The officer must also tell your child that he or she has the right to remain silent, that anything your child says will be used against him or her, that he or she has a right to be represented by a lawyer, and that the court will appoint a lawyer if your child cannot afford one. These are called Miranda rights.

If your child is locked up or held somewhere, the officer must take immediate steps to notify you that your child is in custody and where your child is being held. When you are notified, the officer must also tell you then about each of the Miranda rights that your child has.

 

• If we get the Notice to Appear, what will happen at the meeting with the probation officer? What should I do?

If your child doesn’t already have a lawyer, contact the public defender for advice.
One of the three things may happen at the meeting:

• The probation officer can reprimand your child and then let your child go home without getting the juvenile court involved.
• The probation officer can direct your child to diversion. "Diversion" means that your child is required to complete a voluntary program instead of going to court. Diversionary programs vary, but if your son or daughter successfully completes the program (for example, attending special classes or substance abuse counseling, performing community service, cleaning graffiti, or going to a youth or peer court if your county has one), the juvenile court does not ever need to become involved. As part of diversion, the Probation Department will ask you to sign an informal probation supervision contract instead of asking the District Attorney to file a petition. The contract will describe what you and your child must do. It can last up to six (6) months.
• The probation officer can refer your child’s case to the District Attorney, who will decide whether or not to file a petition.

 

• Do I need a lawyer?

No, not usually.

 

• Does my child need a lawyer?

Yes, and your child has a right to a lawyer who is both effective and prepared. The court will appoint a public defender unless you get a private attorney.

• My child's probation officer told me that the District Attorney will be filing a petition. What does that mean?

A petition asks the court to become involved in your child’s life. The petition says what the state believes your child did. Later, a judge will decide if what the petition says is true.
There are two (2) types of petitions. They are named after numbered sections of California Law:

• 601 Petition
  A 601 Petition is filed by the Probation Department and says that a child has run away, skipped school, violated curfew, or regularly disobeyed his or her parents. These violations are against the law because the child is a minor. If the court finds that the petition is true, the youth becomes a "ward" of the court and is known as a "status offender."
• 602 Petition
  A 602 Petition is filed by the District Attorney’s office and says that a child has committed an act that would be considered a crime if an adult had done it. If the court finds the facts stated in the petition to be true, the child becomes a "ward" of the court as a delinquent.
  • Section 602 covers any act that is against the law when an adult does it. This includes felonies such as auto theft, burglary, selling a controlled substance (drugs), rape, and murder, and misdemeanors such as simple assault and drunk driving.
  • The penalty for the offense depends on the type of offense.

 

• What will happen if my child is taken to juvenile hall after the arrest?

It is up to the probation officer whether or not to keep your child in custody. The probation officer may do one of three things, depending on your child’s age and the offense:

• Let your child go home within 48 hours without filing a petition.
• Let your child go home to you or a guardian within 48 hours and give you a Notice to Appear in juvenile court for a hearing. This means that the District Attorney filed a petition, but that your child may go home until the juvenile court hearing. Your child may be released without supervision or under a supervised probation program until the hearing.
• Keep your child locked up for 48 hours while the District Attorney files a petition asking the juvenile court to get involved in the case. If the District Attorney files a petition, your child must have a detention hearing within the next 24 hours in front of a judge. The Probation Department may not keep your child locked up for more than 72 hours total without a hearing in front of a juvenile court judge. For example, if your child is arrested and locked up on a Friday evening, the Ddistrict Attorney must have filed a petition by the following Tuesday evening, and your child must then have a hearing by Wednesday evening. (Saturdays and Sundays don’t count because the court is closed.)

• How long could my child be locked up in Juvenile Hall?

At the detention hearing, the judge could decide your child must be kept in Juvenile Hall until the date the judge "sentences" your child. In juvenile court, this is called the "dispositional hearing." (The different hearings are described in  What hearings will my child go to in juvenile court?.)
Your child could be locked up between the detention hearing and the dispositional hearing for a couple months or maybe longer.

• Can I visit my child in Juvenile Hall?

Yes, contact the probation officer to find out when you can see your child.
[Visiting Procedures]

• How soon can I visit my child?

Generally the probation officer will let you visit your child as soon as he or she is locked up.

• What is the role of the probation officer?

If your child is on probation, the probation officer will enforce the court’s orders. This means monitoring your child to make sure he or she follows the law and the terms of probation, and encouraging your child’s positive involvement in school, employment training, counseling, and community programs. Depending on the situation, the probation officer could visit your child as often as twice a week or as little as once a month.

If your child is in custody, the probation officer’s job is to find an appropriate placement for your child. This could be in a county-based or private institution.

The probation officer is also responsible for writing a report to the juvenile court judge about your child. The report tells the judge what the Probation Department thinks would be best for your child if the judge finds that your child committed the crime. The report also includes your child’s prior arrest record; a statement of the current offense; and statements from your child, his or her family, and other people who know your child well; a school report; and a statement by the victim. The probation officer presents this report at the dispositional hearing.

• Can I ask that my child be in the dependency court rather than the delinquency court as an abused or neglected child?

Yes. For more information, read the booklets, "The Dependency Court: How it Works" (Form JV-055) and "Information for Parents" (JV-050).

• How will my child or I find out about the court hearings?

You should get the petition and notice of the hearing, personally or by certified mail, as soon as possible after the petition is filed and at least five (5) days before the hearing. If the hearing is less than five (5) days after the petition is filed, you will get notice at least 24 hours before the hearing. Your child has the right to get notice if he or she is at least eight (8) years old.
If your child is not in custody, you should get notice of the petition and hearing personally or by first-class mail at least ten (10) calendar days before the hearing.

• What hearings will my child go to in juvenile court?

There are four types of hearings:

• The Detention Hearing. If your child is locked up in Juvenile Hall for more than 48 hours, there will be a detention hearing after 72 hours, counting by court business days. At the detention hearing, the judge will decide whether or not to let your child go home.
• The Fitness or Waiver Hearing. If your child is at least 14 years old, the District Attorney may ask that your child be tried in adult court. At the fitness or waiver hearing the judge will decide whether your child will be tried in adult court or in juvenile court. If your child is ruled "unfit" for juvenile court, he or she will be tried in adult court. If your child is younger than 14, there will be no fitness or waiver hearing.
• The Jurisdictional Hearing. At the jurisdictional hearing the judge will decide whether or not your child committed the offense.
• The Dispositional Hearing. If the judge rules that your child committed the offense, he or she will decide where your child will go at the dispositional hearing. If the judge ruled that your child did not commit the offense, there is no dispositional hearing. Sometimes the jurisdictional hearing and the dispositional hearing take place at the same time.

• When can my child be tried as an adult?

For some felonies your child can be tried and sentenced as an adult if he or she is at least 14 years old. The case would be moved to adult court. There are major differences between juvenile and adult criminal court procedures and philosophies. If your child will be tried as an adult, it is extremely important to talk to your child’s attorney about all of the very serious consequences of your child’s situation.

• What felonies are likely to get tried in adult court?

A child can be tried in adult court for a wide range of offenses. These are violent and serious offenses, including murder and attempted murder, arson of an inhabited building, robbery with a dangerous or deadly weapon, some forms of rape, some forms of kidnapping or carjacking, some felonies involving firearms, certain controlled substance offenses, and certain violent escapes from a juvenile detention facility.

• What will happen at the jurisdictional hearing?

The District Attorney will present the state’s case against your child. Then the Public Defender (or your child’s private attorney) will present your child’s case. Based on this evidence, the judge rules whether your child has committed the acts he or she is accused of. If the judge makes a "true finding," this means there is enough evidence for the judge to find that your child did commit the acts.

After a "true finding," the judge schedules a dispositional hearing to decide where your child will go.

If there is not enough evidence for the judge to find that your child committed the act he or she is accused of, the case will be dismissed. If your child is in custody, he or she will be released.

• What will happen at the dispositional hearing?

The judge will decide one of these six things:

• Your child may return home without any probation supervision.
• Your child may be placed on informal supervision for up to six (6) months. Informal supervision is set up by you and your child’s probation officer.
• Your child may be ordered home under the formal supervision of a probation officer. Formal supervision is set up by the judge.
• Your child may be placed in a relative’s home, a private residential group home, or an institutional program.
• Your child may be sent to a probation camp or ranch.
• Your child may serve time at the California Youth Authority (CYA). (But if your child is tried as an adult, the adult criminal court could sentence your child to the California Department of Corrections (CDC) (see When can my child be tried as an adult? and What felonies are likely to get tried in adult court?.)

As a parent, you may be ordered to comply with conditions such as counseling or parent training.

• Can I be present at the hearings?

Yes. In fact, new state law requires you to be present. One thing the judge will decide is what will be best for your child. Depending on the offense, if you can show that your child will listen to you and follow your rules, and that you will hold your child accountable and be supportive at home, the judge may order that your child be released to your custody.

• Can I speak at the hearings?

Generally, the Public Defender or your child’s lawyer will speak for your child. The District Attorney will speak for the state. The Probation Department may be called as a witness. You may speak if the judge asks you questions directly, or you may ask to speak to the judge.

• Do we have the right to an interpreter?

Your child has a constitutional right to an interpreter. You may also have a right to an interpreter and should ask for one if you need one.

• Can the victim and his or her parents attend and speak up at the dispositional hearing?

Yes. A crime victims’ bill of rights allows them to come to the hearing. The victim and his or her parents if the victim is a child, will get notice of the hearing.

• Where will my child go if he or she is sent to the California Youth Authority (CYA)?

Your child will first go to a reception center for 30 to 90 days. After that, your child will be sent to one of nine (9) correctional facilities or one of four (4) youth camps. These are the three reception centers where staff will assess your child’s education and treatment needs:

• The Northern California Correctional Reception Center and Clinic in Sacramento (916-733-2350).
• The Southern California Correctional Reception Center and Clinic in Norwalk (562-868-9979).
• The Ventura Youth Correctional Facility (for girls) (805-485-7951).

You may visit your child during visiting hours, which are on Saturdays or Sundays for two (2) to three (3) hours at a time, depending on the reception center. The Ventura reception center for girls allows visits for up to 6 1/2 hours at a time. You may not call your child at the reception center, but you may write to your child. Your child may make collect calls to you from a pay phone.

• When would my child go to the California Department of Corrections (CDC) instead of the California Youth Authority (CYA)?

Your child can be sentenced to adult prison (CDC) only if he or she is tried as an adult (see questions When can my child be tried as an adult? and What felonies are likely to get tried in adult court?). If your child will be tried as an adult it is extremely important to talk to your child’s attorney about all of the very serious consequences of your child’s situation.
Between the age 14 and 16, your child must stay at CYA even if he or she is sentenced to adult prison.
If your child is at least 16 years old and is tried in adult court, the judge can order your child to serve time in adult prison rather than CYA.
If your child is at least 16, he or she may serve the entire term at CYA only if the term will end before he or she reaches the age of 21. If your child’s term will last past age 21, then your child could be at CYA until age 18, and then would automatically be transferred to CDC on his or her 18^th birthday. The court could also order your child directly to CDC at age 16.

• Am I financially liable for my child's acts?

Yes. You may also have to pay restitution to the victim if your child is ordered to pay. Restitution is money to pay for the victim’s losses caused by your child’s illegal conduct. Examples of restitution might include the value of stolen or damaged property, medical expenses, and lost wages.

• Will I be required to pay my child's fees?

Yes. Based on your ability to pay, you will receive a bill from the county for your child’s attorney fees, Probation Department services fees (such as food and laundry while your child was in Juvenile Hall), and placement costs for keeping your child in a state placement such as the California Youth Authority, a probation camp, or an out-of home placement. These costs can be expensive.

• Can my child's juvenile records be sealed?

This is very important for your child, but will not happen automatically. Your child must file a petition to do this.
Your child can file a petition after he or she turns 18. Your child can also file a petition 5 years (in some cases, 6 years) after everything connected with his or her case is over.
There will be a hearing to make sure that your child was not involved in any later crime. If the petition to seal the records is granted, all records of the case or the arrest will be erased, as if they never occurred.
Your local public defender may be able to help.

 

• Can my child's juvenile court record be used against him or her as an adult?

Under the three-strikes law certain serious or violent felonies committed as a juvenile can be counted as strikes and used against your child in the future. This can happen even if juvenile court records have been sealed.

• What should I do as a parent?

All your parental responsibilities continue when your child receives a citation. Be certain that you contact a lawyer immediately or call your local public defender for assistance.
If your child is placed in a group home or committed to a probation camp or the California Youth Authority, do your best to maintain contact with your child and support the positive activities he or she does there. Understand what is happening in your child’s life so that you can prepare for his or her return. Explore ways of creating a protective and supportive environment for your child’s return to school or work. Develop strategies to hold your child accountable for his or her behavior.
Contact your child’s parole agent or probation officer to ask for referrals to community organizations that can assist you, such as parent groups or counseling. Your school district and local hospital or mental health department may also offer programs.