Can a 13-year-old be placed on probation in California?

Yes. Welf. & Inst. Code § 602 places minors from 12 through 17 within juvenile court jurisdiction when they violate a law, and § 725 lets the court order probation for a minor described by § 602. A child under 12 comes within § 602 only for the specific serious offenses that section lists.

What is the difference between informal and formal juvenile probation?

Under § 725(a), the court may order probation without declaring the minor a ward of the court, for no more than six months. Under § 725(b), the court declares the minor a ward, and probation runs within that wardship. Wardship can continue much longer, within the age limits in § 607.

What is probation in California juvenile court?

Probation is a disposition, the court's decision after it finds a petition true. It places the minor under supervision with conditions to follow. It is not a criminal conviction. Welf. & Inst. Code § 602 gives the court jurisdiction, and § 725 authorizes probation with or without wardship.

Who supervises a minor on juvenile probation?

The probation officer supervises a minor on probation, under the orders the court sets. The court keeps the authority to decide the disposition, change conditions and end supervision. The probation officer prepares the disposition report and monitors compliance.

What happens if a minor violates probation conditions?

The violation comes back before the court. For probation without wardship, § 725(a) lets the court declare the minor a ward. For a ward, the court can keep the conditions, change them or order a more restrictive disposition. Where the change would remove the minor from the physical custody of a parent, guardian, relative or friend for placement in a foster home, or direct commitment to a private or county institution, § 777 requires a noticed hearing, set within 30 days after the notice is filed, at which the alleged facts must be established by a preponderance of the evidence. The result depends on the violation and the child's history.

Does juvenile probation end automatically when a minor turns 18?

No. Under § 607, the court may keep jurisdiction over a ward until 21. For certain § 707(b) offenses, it can extend to 23 or 25, or two years after a secure youth treatment facility commitment if that is later. Sealing is a separate step.

Can a juvenile record be sealed after probation is completed?

Generally, yes. Under § 786, satisfactory completion of probation leads the court to dismiss the petition and seal the records, with an exception for certain § 707(b) offenses committed at 14 or older. Section 781 also allows a sealing petition after age 18 or five years after jurisdiction ends, subject to its own limits for § 707(b) offenses.

California Juvenile Probation: Conditions, Length, Sealing

California juvenile probation is a court-ordered period of supervision with rules your child must follow, set by the judge at the disposition hearing. It is not a criminal conviction. It can be short probation without wardship, capped at six months, or formal probation as a ward of the court. Completing probation satisfactorily generally leads the court to dismiss the petition and seal the records.

A parent may hear the word "probation" from a probation officer or a judge without knowing whether it means a curfew for a few months or years of court supervision. The parent may also not know what happens if the child slips up, or whether the case will follow the child into college applications. This page walks through how California's juvenile court uses probation, from the order itself to the record afterward.

What Juvenile Probation Means Under California Law

California's juvenile court gets its authority from Welf. & Inst. Code § 602. That section covers any minor "between 12 years of age and 17 years of age, inclusive," who violates a state or federal law or a local ordinance defining a crime, other than an age-based curfew ordinance. It also covers a child under 12 alleged to have committed murder, or rape, sodomy, oral copulation or sexual penetration by force, violence, duress, menace or fear of immediate and unlawful bodily injury. Section 707 creates exceptions to this rule.

A case begins with a petition, the document that says what the state believes the child did. The California Courts self-help guide explains that the probation department or the district attorney files it, and that a petition "does not mean the youth is guilty." At the adjudication hearing, the judge decides whether the petition is true. That page says there is no jury and the district attorney must prove the case beyond a reasonable doubt.

If the petition is found true, the court holds a disposition hearing. The disposition is the court's decision about what happens next. A disposition is not a sentence, and under Welf. & Inst. Code § 203 an order adjudging a minor a ward "shall not be deemed a conviction of a crime for any purpose."

Welf. & Inst. Code § 725 gives the court two probation routes:

Probation without wardship (§ 725(a)). The court may "without adjudging the minor a ward of the court, place the minor on probation, under the supervision of the probation officer, for a period not to exceed six months." This route is not available for the offenses listed in § 654.3.
Wardship (§ 725(b)). The court may "order and adjudge the minor to be a ward of the court." A ward of the court is a minor placed under the court's ongoing authority and supervision. Formal probation is ordered within that wardship.

How the Court Decides Whether to Order Probation

The disposition hearing comes after the court finds the petition true at the adjudication hearing. The broader sequence is laid out in this site's guide to the juvenile court process. According to the self-help guide, the judge reads a report written by the youth's probation officer. The report may include statements from the youth, the parents and others. If there is a victim, the victim may attend and speak.

The court makes the decision. The probation department investigates, reports and later supervises, but the judge orders the disposition. Welf. & Inst. Code § 725.5 says the court shall consider, in addition to other relevant and material evidence, the minor's age, the circumstances and gravity of the offense, and the minor's previous delinquent history. How those factors balance out depends on the facts and on the judge.

Probation is one of several possible results:

Diversion. Diversion is a process that can resolve a matter outside the formal court track. The Judicial Council's information sheet for parents says a probation officer "might offer to let your child do a special diversion program instead of going to court." It also says each county has different rules and programs. If the family agrees and the child completes the program, the juvenile court does not need to get involved.
Deferred entry of judgment. For certain felony petitions, Welf. & Inst. Code § 790 sets eligibility conditions. They include that the minor has never been declared a ward for a felony, is at least 14 at the hearing, and is not charged with an offense listed in § 707(b). Under this option, the court holds off on entering judgment. The prosecuting attorney reviews eligibility. The court "may grant deferred entry of judgment" only after finding the minor suitable and likely to benefit from education, treatment and rehabilitation efforts.
Removal from home or commitment. Under California Rules of Court, rule 5.790, a court must not order a ward removed from the physical custody of a parent or guardian unless it finds at least one of three things: that the parent or guardian has failed or neglected to provide, or is incapable of providing, proper maintenance, training and education for the child; that the child has been on probation in the custody of the parent or guardian and has failed to reform during that time; or that the child's welfare requires that physical custody be removed.

Conditions of Juvenile Probation: What a Minor Is Required to Do

The court sets the conditions of probation at the disposition hearing, and they appear in the probation order. For a ward, Welf. & Inst. Code § 730(b) lets the court make "any and all reasonable orders for the conduct of the ward." Those conditions must meet three requirements. They must be "individually tailored, developmentally appropriate, and reasonable." Their burden must be proportional to the legitimate interests they serve. And the court must find them "fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced."

Some conditions are standard unless the judge explains otherwise. Rule 5.790(b) says that unless the court finds a condition inappropriate and states its reasons on the record, it must:

require the child to attend school;
require the parent to take part with the child in a counseling or education program; and
require the child to be home between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent, guardian or adult custodian.

Section 730 also allows other orders, including restitution, family counseling arranged by the probation officer, and commitment to a juvenile home, ranch, camp or forestry camp. If a county has none of those, the court may commit the minor to juvenile hall. Section 730(a)(2) caps any commitment to a juvenile facility at "the middle term of imprisonment that could be imposed upon an adult convicted of the same offense." Other conditions the statutes mention include urine testing for alcohol or drugs on the request of a peace officer or probation officer, where the minor is not removed from a parent's or guardian's custody (§ 729.3), and community service (§ 730(c)). What a court orders depends on the case.

The probation officer supervises the minor and watches whether the conditions are met.

A juvenile case can also lead to consequences at school. Those depend on the facts and on school rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.

How Long Juvenile Probation Lasts in California

The six-month cap in § 725(a) applies only to probation without wardship. Wardship has a different outer limit. Under Welf. & Inst. Code § 607(a), the court "may retain jurisdiction over a person who is found to be a ward" until age 21, with exceptions.

Most of the exceptions apply to minors found to have committed an offense listed in § 707(b). That list includes murder, certain arson and robbery. For those cases, § 607(b) allows jurisdiction until age 23, or until two years after commitment to a secure youth treatment facility, whichever is later. Section 607(c) extends that to age 25, again with the two-year alternative, if the person would have faced an aggregate sentence of seven years or more in criminal court. The question of when a case may leave juvenile court altogether is covered in this site's page on a child tried as an adult.

Turning 18 does not, by itself, end probation or wardship. The court keeps its authority until it terminates jurisdiction or the age limit in § 607 is reached. Probation supervision and wardship are related but separate. The court controls both. Whether supervision ends early depends on the court and on how the child has done. A probation officer may weigh in, but the judge decides.

Ending probation does not seal a record on its own. Sealing is a separate step, explained below.

Probation Violations: What Happens When a Minor Does Not Comply

A violation is a failure to follow a court-ordered condition. Examples include missing school, breaking curfew, a positive drug test or a new arrest. A new arrest can lead to a new petition and also bring the existing probation back before the court.

For probation without wardship, § 725(a) states the consequence directly: "If the minor fails to comply with the conditions of probation imposed, the court may order and adjudge the minor to be a ward of the court." For a ward, a violation brought to the court can lead the judge to keep the same conditions, change or add conditions, or order a more restrictive disposition. That could include the kinds of placement and commitment described in § 730.

Welf. & Inst. Code § 777 sets the process when an order would change a previous order by removing a minor from the physical custody of a parent, guardian, relative or friend and directing placement in a foster home, or by directing commitment to a private or county institution: it "shall be made only after a noticed hearing." For a minor who is a ward under § 602, notice that alleges a violation of a condition of probation not amounting to a crime is made by the probation officer or the prosecuting attorney and must contain a concise statement of facts sufficient to support that conclusion. After the notice is filed, the clerk sets the hearing within 30 days. The facts alleged must be established by a preponderance of the evidence, and the court may admit reliable hearsay to the same extent as at an adult probation revocation hearing. An order detaining the minor pending adjudication of the alleged violation may be made only after a detention hearing under Article 15 (commencing with Section 625).

If a child is held in custody while waiting for a dispositional order to be carried out, rule 5.790(h) requires the court to review the case at least every 15 days.

The court's response depends on what the violation was, the child's history and the options available. No result is set in advance.

Sealing a Juvenile Record After Probation

California does not seal a juvenile record automatically when the child turns 18. Sealing happens through the court under Welf. & Inst. Code §§ 786 and 781. The broader picture of how cases start, from charges such as juvenile assault charges onward, is covered in this site's overview of juvenile crimes.

Sealing after probation (§ 786). If a person satisfactorily completes informal supervision under § 654.2, probation under § 725, or a term of probation for any offense, "the court shall order the petition dismissed" and seal the related records. Those include records held by the court, law enforcement, the probation department and the Department of Justice. Satisfactory completion means two things. First, the person has no new wardship finding or conviction for a felony or a misdemeanor involving moral turpitude during supervision. Second, the person has not failed to substantially comply with reasonable orders "within their capacity to perform." Unpaid restitution does not, by itself, count as unsatisfactory completion.

There is an exception. Section 786 sealing is not available for a § 707(b) offense committed at 14 or older unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not on the § 707(b) list.

Sealing by petition (§ 781). The person or the probation officer may petition five years or more after juvenile court jurisdiction ends (or, if no petition was filed, five years or more after the citation or after being taken before a probation or law enforcement officer), or at any time after the person turns 18. The court must find that the person has not since been convicted of a felony or a misdemeanor involving moral turpitude, unless all such convictions were later dismissed, vacated, pardoned or reduced to misdemeanors not involving moral turpitude, and that "rehabilitation has been attained to the satisfaction of the court." For a § 707(b) offense committed at 14 or older that resulted in wardship, a petition may be filed only after the person has completed probation supervision and either was committed to the Division of Juvenile Facilities and is at least 21, or was not so committed and is at least 18. Those limits do not apply if the court dismissed the offense or reduced it to a misdemeanor, but a record of a § 707(b) offense committed at 14 or older for which the person must register under Pen. Code § 290.008 cannot be sealed.

What sealing does. Under § 786(b), the arrest and proceedings "shall be deemed not to have occurred," and the person may answer inquiries from employers and educational institutions accordingly. How a juvenile case affects college admissions, financial aid or employment beyond that depends on the facts and on rules this page does not cover.

If You'd Like to Talk Through Your Child's Probation

A parent may be trying to work out at once whether a disposition will mean wardship, what the conditions will require at home and at school, and whether the case can later be sealed under § 786. This page explains California's general rules and does not address any particular child's case. You can request a consultation about a child's juvenile case through Juvenile Justice Defense Group.

California Juvenile Probation: What It Is, How It Works, and What It Means for Your Child