When a child in California is arrested or charged, the case usually goes to juvenile court, not adult criminal court. A judge decides whether the child is held or sent home and whether the allegations are true. If they are true, the judge decides what happens next, which can include probation. Only some cases can move to adult court. Many juvenile records can later be sealed.

A parent may have a child who was picked up by police, who is held in juvenile hall, or who has a notice to appear at the probation department, and may not know what it means for school or for the child's future. This page walks through California's juvenile system in the order a case moves: questioning, detention, the petition and hearings, transfer, and sealing.

How California's Juvenile Court System Works

California's juvenile court generally covers children who were between 12 and 17 years old, inclusive, when they are accused of breaking a state law, a federal law, or a city or county ordinance defining a crime. A curfew ordinance based only on age is not included. This rule comes from Welf. & Inst. Code § 602, and it applies except as § 707 provides. A child under 12 comes within the court's jurisdiction only if accused of one of five offenses: murder, or rape, sodomy, oral copulation or sexual penetration committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

The juvenile court process uses its own vocabulary:

  • A petition is the document that starts the case. It says what the state believes the child did. It is not a criminal complaint and proves nothing.
  • A detention hearing decides whether the child stays in custody or goes home until the next hearing.
  • The jurisdiction hearing, also called the adjudication hearing, is the juvenile court's trial. The judge decides whether the petition is true.
  • Disposition is the judge's decision about what happens next. It is not a sentence, and a true finding is not a conviction.
  • A ward of the court is a child the court has taken jurisdiction over and now supervises.
  • Probation is supervision under court-set rules.
  • Diversion is a program offered instead of a court case.
  • A transfer hearing decides whether a case moves to adult court.
  • Sealing closes records off from most people.

The Judicial Council describes the juvenile justice court as one that helps "protect, guide, and rehabilitate children" and that also helps keep the community safe (JV-060-INFO).

A Minor's Rights When Questioned by Police

Before police question a youth 17 or younger in custody, and before any waiver of Miranda rights, California requires that the youth consult with a lawyer. The consultation can happen in person, by telephone or by video conference, and it cannot be waived. The rule is in Welf. & Inst. Code § 625.6.

The statute also tells courts what to do when the rule is not followed. When a judge decides whether a youth's statements from a custodial interrogation can be used, the judge must consider the effect of the failure to comply. The judge must also consider any willful violation when deciding how credible the officer is.

There are two limits:

  • Imminent threat. The rule does not govern whether statements can be used if both of these are true: the officer reasonably believed the information was necessary to protect life or property from an imminent threat, and the officer's questions were limited to what was reasonably necessary to get that information.
  • Probation officers. The rule does not require a probation officer to follow it in the normal performance of duties under §§ 625, 627.5 or 628.

The Judicial Council adds that, after the consultation and before any officer asks about what happened, the officer must first tell the child about the Miranda rights (JV-060-INFO). The same page says a child has the right to make at least two phone calls within one hour of being arrested.

Detention: What Happens After an Arrest

The first decision after an arrest belongs to the probation officer. Under Welf. & Inst. Code § 628, the officer must investigate right away. The officer must then release the child to a parent, legal guardian or responsible relative unless the evidence shows that staying in the home is contrary to the child's welfare and at least one of these conditions exists:

  • detention is a matter of immediate and urgent necessity to protect the child, or reasonably necessary to protect another person or property;
  • the child is likely to flee the court's jurisdiction; or
  • the child has violated a juvenile court order.

Time limits follow. Under § 631, a child taken into custody generally must be released within 48 hours, not counting nonjudicial days, unless a petition or a criminal complaint is filed within that time. This limit does not apply if the child willfully misrepresents being 18 or older. Under § 632, a detained child must be brought before a judge or referee as soon as possible. That must happen no later than the end of the next judicial day after the petition is filed. If that deadline is missed, the child must be released. Both sections set separate rules for warrantless arrests for nonviolent misdemeanors involving children who are not on probation or parole.

At the detention hearing, the court examines the child and the parent and hears evidence. Under § 635, the court must order the child released unless one of these applies: the child violated a court order, escaped from a commitment, is likely to flee, or detention is urgently necessary for protection. The court must also order release unless there is a prima facie showing that the child is a person described in § 601 or § 602. The circumstances and gravity of the alleged offense may be considered along with other factors.

The decision cannot rest solely on the child's county of residence. A child must be given equal consideration for home supervision, which may include electronic monitoring, regardless of whether the child lives in the county where the offense occurred. Under § 636, a detention order to juvenile hall or another suitable place cannot exceed 15 judicial days. When the home-supervision criteria apply, home supervision is ordered for up to 15 judicial days. The Judicial Council notes that there is no bail in juvenile court (self-help guide).

The Court Process: From Petition to Disposition

Not every arrest becomes a court case. According to the Judicial Council, the probation officer may offer a diversion program instead of court. Each county has different rules and programs. If the family agrees and the child does everything the program requires, the juvenile court does not need to get involved (JV-060-INFO). For more serious offenses, the probation officer may refer the case to the district attorney, who decides whether to file a petition.

The California self-help guide says the probation department or the district attorney can file a petition (self-help guide). The child and the parents have the right to a copy. The guide then describes the hearings in this order:

  1. Detention or initial hearing. The child gets a lawyer, is told what the accusations are and can admit or deny them.
  2. Pretrial conferences and motions. The parties see whether the case can settle and resolve disputes about evidence.
  3. Jurisdiction hearing. A judge decides the case. There is no jury. The district attorney must prove the allegations beyond a reasonable doubt. If the evidence falls short, the case is dismissed. Whether to admit a charge is the child's decision.
  4. Disposition. The judge reads the probation officer's report. The report includes the officer's recommendation, the arrest report, family statements, a school report and a statement from any victim.

The guide lists these dispositions:

  • probation supervision at home for up to six months;
  • formal supervision at home;
  • living with a relative, in a foster home or group home, or in an institution;
  • a probation camp or ranch; or
  • a secure youth treatment facility.

California's Division of Juvenile Justice, which older court pages still mention, no longer operates. The overview of juvenile crimes and the page on juvenile assault charges show how specific offenses move through these same steps.

Transfer to Adult Court

In California, whether a child's case can be transferred to adult court turns on Welf. & Inst. Code § 707.

A transfer can begin only with a motion by the district attorney or other appropriate prosecuting officer, and the motion must be made before jeopardy attaches. Two groups of children can face that motion:

  • a child accused of an offense listed in § 707(b), or any other felony, committed when the child was 16 or older; and
  • a person accused of a § 707(b) offense committed at 14 or 15 who was not apprehended before juvenile court jurisdiction ended.

Once the motion is made, the court orders the probation officer to prepare a report on the child's behavioral patterns and social history. The report includes any statement offered by the victim. The transfer hearing is where the juvenile court judge weighs that report and any other evidence either side presents.

To order a transfer, the court must find by clear and convincing evidence that the child is not amenable to rehabilitation while under juvenile court jurisdiction. The court must consider the criteria the statute specifies. A transfer is never automatic.

If the case is transferred, it proceeds in adult criminal court. The self-help guide notes that a youth found guilty there can be sent to adult prison. More detail is on the page about trying a juvenile as an adult.

Sealing a Juvenile Record in California

Sealing means the records are closed and the case is treated as though it did not happen. A juvenile record does not disappear at 18. California provides several separate sealing paths:

  • Completion of probation or supervision (§ 786). When a child satisfactorily completes informal supervision under § 654.2, probation under § 725, or a term of probation for any offense, the court must dismiss the petition. It must also order sealed the records held by the court, law enforcement, the probation department and the Department of Justice. The arrest and proceedings are then deemed not to have occurred, and the person may reply accordingly to employers, educational institutions and others. The court sets a date when the sealed records will be destroyed. If a sustained petition makes the person ineligible to own or possess a firearm until age 30, that date is the person's 33rd birthday. Satisfactory completion is deemed to have occurred if the person has no new finding of wardship or conviction for a felony or a misdemeanor involving moral turpitude during the period of supervision or probation, and has not failed to substantially comply with the reasonable orders that are within their capacity to perform. The court may not dismiss or seal under this section if the petition was sustained for a § 707(b) offense committed at age 14 or older, unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b).
  • Completion of diversion (§ 786.5). When a child satisfactorily completes a diversion or supervision program that the probation officer or the prosecutor referred instead of filing a petition, the probation department must seal its records. It must also notify the arresting agency and the Department of Justice, which must seal theirs within 60 days. The probation department then notifies the child in writing. If the records were not sealed, that notice explains how to petition the court directly.
  • Petition to the court (§ 781). The person or the probation officer may petition five or more years after juvenile jurisdiction ends, or at any time after age 18. The court seals the records if it finds two things: no conviction since then for a felony or a misdemeanor involving moral turpitude, and rehabilitation attained to the court's satisfaction. A petition to seal records of a § 707(b) offense committed at age 14 or older that resulted in wardship may be filed only if the person was committed to the Division of Juvenile Facilities, is 21 or older and has completed probation supervision after release, or was not so committed, is 18 or older and has completed any probation supervision for that offense. Those records cannot be sealed where Penal Code § 290.008 requires the person to register, or where the person was convicted of the offense in criminal court under § 707.1.

Sealed records are not entirely closed. Under § 787, agencies may access them for required data reporting without releasing identifying information, and courts may authorize protected research. The Judicial Council warns that someone joining the military, seeking a federal security clearance or becoming a law enforcement officer may need to disclose the record.

School discipline, college admissions and employment consequences can follow a juvenile case and depend on facts and rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.

What Parents Can Expect at Each Stage

The stages above run in this order: the consultation § 625.6 requires before custodial questioning, the detention hearing, the jurisdiction hearing, disposition, a transfer hearing if the district attorney moves for one, and later sealing.

Under the Judicial Council's parent guide, once a petition is filed, a child has the right to an effective and prepared lawyer with specific education and training in juvenile justice cases. That lawyer is appointed at the first hearing unless the family hires one, at no cost to the family if they do not hire a lawyer (JV-060-INFO).

The child's lawyer represents only the child, even when a parent pays. The lawyer cannot discuss the case with the parent unless the child agrees. That can feel strange to a parent who wants to know everything, but it is how the law sets up the relationship.

Every outcome described on this page depends on the facts, the evidence and the court:

  • release or detention;
  • diversion or a petition;
  • a true finding or a dismissal;
  • keeping the case in juvenile court or transferring it; and
  • sealing.

This site does not provide legal advice. It also does not cover adult criminal court proceedings, immigration law or dependency cases in which a parent is accused of abuse or neglect.

Submit a Consultation Request

A California juvenile case turns on concrete points: what the petition alleges, whether the child is detained or on home supervision, when the next hearing is set, and whether the district attorney has raised transfer.

Families who are ready can contact Juvenile Justice Defense Group to request a consultation about a child's juvenile case.