When a child is arrested, a juvenile case generally moves through a set of stages: police contact, an intake review, a decision on detention, a petition and first court appearance, a hearing on the facts, a disposition hearing, then probation and, later, possible record sealing. Each state sets its own rules.
A parent facing this process for the first time is often trying to answer a few questions at once, sometimes late at night after a phone call from a police station or juvenile hall: is my child coming home, when is the next hearing, and what does any of this mean for school and the years ahead. This guide walks through each stage in order, explains the words the court will use, and shows how California handles each step as a worked example, while noting where other states differ.
The process below has nine steps, though many cases end well before the last one. How long it takes depends on the state, the county, the alleged offense and whether the case is contested.
Before You Start: What Juvenile Court Is and Who It Covers
Juvenile court is a separate court system for minors, generally people under 18, though the age range varies by state. In California, Welf. & Inst. Code § 602 places a minor who was between 12 and 17, inclusive, at the time of an alleged law violation within the juvenile court's jurisdiction, except as § 707 provides; a child under 12 comes within it only for murder and certain forcible sex offenses the section lists.
The vocabulary differs from adult court. A petition is the court document stating the allegations. Detention means being held in custody while the case is pending. Adjudication (called a jurisdiction hearing in California) decides whether the allegations are true. Disposition is the court's order about what happens next. A ward of the court is a minor placed under the court's ongoing supervision. Probation is supervised release under court conditions. Diversion resolves a case outside formal court proceedings. A transfer hearing decides whether a case moves to adult court. Sealing closes records from general access.
Each state writes its own juvenile code, while federal law, including the Juvenile Justice and Delinquency Prevention Act, sets certain broad policies. In In re Gault, 387 U.S. 1 (1967), the United States Supreme Court held that minors have due-process rights in delinquency proceedings, including notice of the charges, the right to counsel and the privilege against self-incrimination. This page covers delinquency cases only, not dependency (abuse or neglect) cases. A broader overview appears in this site's guide to juvenile defense for parents.
Step 1: Contact with Law Enforcement — Questioning and Arrest
Police may speak with a minor without making an arrest. Once a minor is taken into custody, a case that stays in juvenile court is governed by the state's juvenile code rather than adult criminal procedure.
California adds a specific rule for questioning. Under Welf. & Inst. Code § 625.6, before a custodial interrogation and before any waiver of Miranda rights, a youth 17 or younger must consult with legal counsel in person, by telephone or by video conference, and that consultation cannot be waived. Put simply, a child in custody in California is meant to speak with a lawyer before police question them, and neither the child nor a parent can give up that step. When a court later decides whether the youth's statements can be used, it considers any failure to follow this rule.
There are two limits. The section does not apply to admissibility when both of these are true: the officer reasonably believed the information was needed to protect life or property from an imminent threat, and the questions were limited to what was reasonably necessary to get it. It also does not require a probation officer to follow it in the normal performance of duties under §§ 625, 627.5 or 628.
The privilege against self-incrimination recognized in In re Gault, 387 U.S. 1 (1967), applies to minors. Whether a parent must be present, and how a minor must be advised of rights, varies by state.
Custody does not always lead to court. According to the OJJDP case flow overview, law enforcement often decides at arrest whether to send a matter further into the system or divert it, and many youth are handled within the police department and released.
Step 2: Intake and the Decision to File a Petition
Intake is the review that decides whether a case goes to court. The OJJDP overview describes intake as generally the job of the juvenile probation department, the prosecutor's office or both, which decides whether to dismiss the case, handle it informally or request formal court intervention. An intake officer first asks whether there is enough evidence to support the allegation; if not, the case is dismissed.
Informal handling is one form of diversion. In many places the youth agrees to conditions for a set period, sometimes in a written agreement called a consent decree, with conditions such as restitution, school attendance, counseling or a curfew. In most jurisdictions, according to OJJDP, an informal disposition is offered only if the youth admits the act, and successful completion leads to dismissal. In California, a court can also continue a hearing on a filed petition for six months and order a program of informal supervision under § 654.2, with the consent of the minor and the minor's parents or guardian; eligibility varies by state and offense.
If the case goes forward, a petition is filed. In California, the petition rests on Welf. & Inst. Code § 602, and § 654.2 refers to a petition filed by the prosecuting attorney. California law also recognizes diversion or supervision programs that a probation officer or prosecutor uses in place of filing a petition, including informal supervision under § 654.
Step 3: Detention — Will the Minor Be Held or Released?
For a parent, this is usually the most pressing question. California answers it in stages, and at each stage the starting point is release.
The probation officer's decision. Under Welf. & Inst. Code § 628, the probation officer must immediately investigate and immediately release the minor to a parent, legal guardian or responsible relative, unless the evidence shows that staying home is contrary to the minor's welfare and one or more of these exist:
- holding the minor is urgently necessary to protect the minor, or reasonably necessary to protect another person or their property;
- the minor is likely to flee; or
- the minor has violated a juvenile court order.
For a family, this means the probation officer's default is to send the child home, and holding the child requires one of these specific reasons.
The 48-hour limit. Under § 631, a minor in custody must generally be released within 48 hours, not counting nonjudicial days, unless a petition or a criminal complaint is filed in that time. The rule does not apply when a minor willfully misrepresents being 18 or older, and § 631(b) sets a different condition for certain nonviolent misdemeanors. In plain terms, if no charging document is filed within that window, the child generally goes home.
The detention hearing. Under § 632, once a petition is filed, a detained minor must generally be brought before a juvenile court judge or referee as soon as possible, and no later than the end of the next judicial day; if not, the minor must be released. In practice, this is usually the first time a parent sees the child in front of a judge. At the hearing, § 635 directs the court to hear from the minor, a parent or guardian and counsel, and to release the minor unless one of the grounds above applies or the minor escaped from a juvenile court commitment. The court must also order release unless there is a prima facie showing that the minor is a person described in § 601 or § 602, meaning an initial showing that the minor comes within one of those sections of the juvenile court law.
If detention continues. Under § 636, the court may order detention in juvenile hall or another suitable place for up to 15 judicial days, with written findings. Home is still possible: the court may place a minor on home supervision, with or without electronic monitoring, regardless of the county where the minor lives.
Other states set their own deadlines; OJJDP reports that every state requires a detention hearing within a statutory period, generally within 24 hours.
Step 4: The Arraignment and Entry of a Plea
The first court appearance on the petition goes by different names; California's Rules of Court call it the initial hearing (rules 5.754 and 5.778), and the name and timing vary by state. The court reads or explains the allegations to the minor and a parent or guardian and asks whether the minor admits or denies them.
An admission is juvenile court's counterpart to a guilty plea, and a denial is its counterpart to a not-guilty plea. After an admission, the case generally moves toward disposition. After a denial, the court sets an adjudication hearing. The court may also revisit whether the minor stays detained.
The minor has a right to an attorney at this stage. In re Gault, 387 U.S. 1 (1967), recognized the right to counsel in delinquency proceedings, including counsel appointed by the court when the family cannot afford one. Arraignment procedures and deadlines differ from state to state.
Step 5: The Transfer Hearing — When a Case May Move to Adult Court
A transfer hearing (OJJDP calls the request a waiver petition) decides whether a minor's case leaves juvenile court for adult criminal court.
In California, Welf. & Inst. Code § 707 lets the district attorney or other prosecuting officer make a motion to transfer in two situations: when the minor was 16 or older at the time of an offense listed in subdivision (b) or any other felony; or when the person was 14 or 15 at the time of a listed offense but was not apprehended before juvenile court jurisdiction ended. The motion must be made before jeopardy attaches. The court then orders a probation report on the minor's behavioral patterns and social history, including any statement offered by the alleged victim. To transfer, the court must find by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction, considering criteria the statute specifies. Transfer in California is decided by the juvenile court on that finding.
Other states work differently. According to OJJDP, many states require certain serious cases to be filed in criminal court, and some give prosecutors discretion to choose the court. A transferred case proceeds under adult criminal procedure. More detail appears in this site's page on when a juvenile is tried as an adult.
Step 6: The Adjudication Hearing — How the Court Decides the Facts
The adjudication hearing, called a jurisdiction hearing in California, is where the court decides whether the allegations in the petition are true. Witnesses testify and evidence is presented, much as at a trial.
According to OJJDP, in nearly all adjudication hearings a judge, not a jury, decides the facts, though some states give the youth a right to a jury trial. The prosecution must prove the allegations beyond a reasonable doubt. The minor may present evidence, cross-examine witnesses and be represented by counsel.
If the court finds the allegations not true, the petition is dismissed. If it finds them true, the allegations are sustained, the minor is adjudicated (not convicted), and the case moves to disposition. Parents often find this hearing the hardest to sit through because the outcome feels so final, but it is one stage, and the disposition comes next.
Step 7: The Disposition Hearing — What Happens After Adjudication
The disposition hearing decides what the court orders after adjudication. Juvenile court does not use the word "sentence."
Before the hearing, according to OJJDP, probation staff prepare a report and a plan based on a close look at the youth, available support and programs; the court may also order evaluations. The prosecutor and the youth may offer their own recommendations, and the judge then orders a disposition. Options can include probation with added conditions, community service, restitution, placement outside the home or a secure setting, depending on the state, the offense and the minor's history. The court may declare the minor a ward of the court.
In California, the Division of Juvenile Justice no longer operates, so commitment to it is not a current disposition. What other dispositions are available depends on the statute and the facts.
Collateral consequences for school, employment and other areas can follow an adjudication and depend on the facts and on rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.
Step 8: Probation — What It Requires and How Long It Lasts
Probation keeps the minor in the community under a probation officer's supervision, subject to court conditions. OJJDP describes added requirements such as drug counseling, weekend confinement in the local detention center, and community or victim restitution. A term may be set or open-ended, and review hearings track progress.
If a minor does not meet the conditions, the court may change the disposition, add conditions or order a more restrictive setting. How long the court keeps a case open depends on the state, the court's orders and the facts.
Completion matters in California. Under Welf. & Inst. Code § 786, when a person satisfactorily completes informal supervision under § 654.2, probation under § 725 or a term of probation for any offense, the court must dismiss the petition and seal the related records, except that § 786(d) bars this when the petition was sustained on an offense listed in § 707(b) committed at 14 or older, unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b). Satisfactory completion means no new wardship finding or conviction for a felony or a misdemeanor involving moral turpitude during the period, and substantial compliance with reasonable orders within the person's capacity (§ 786(c)). Put another way, outside that exception, finishing probation successfully leads to a dismissed and sealed case. Probation rules on conditions, length and violations vary by state and county.
Step 9: Sealing the Juvenile Record — What It Means and How It Works
A juvenile record does not disappear at 18. In California, there are several routes to sealing, and which one applies depends on how the case ended.
When probation or supervision is completed. Under § 786, the court dismisses the petition and orders records sealed in the custody of the court, law enforcement, the probation department and the Department of Justice. The practical effect for the child is that the arrest and proceedings are then deemed not to have occurred, and the person may answer questions from employers, schools and others accordingly. Section 786(d) bars this when the petition was sustained on an offense listed in § 707(b) committed at 14 or older, unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b). A separate rule affects timing: under § 786, if the record includes a sustained petition that bars firearm possession until age 30, the sealed records are destroyed when the person turns 33.
When diversion is completed. Under § 786.5, the probation department seals its records when a juvenile satisfactorily completes a diversion or supervision program used in place of a petition. In this route, the agencies handle sealing among themselves: law enforcement and the Department of Justice must seal their records within 60 days of notice, and the probation department then notifies the minor in writing within 30 days of their confirmation. If records were not sealed, that notice explains the right to ask the court directly.
When a person asks the court. Under § 781, a person may petition five years after juvenile court jurisdiction ends (or five years after the citation or police contact if no petition was filed), or at any time after turning 18. The court seals if it finds no later felony conviction or misdemeanor involving moral turpitude, and rehabilitation to its satisfaction. For an offense listed in § 707(b) committed at 14 or older that led to a wardship finding, a petition may be filed only in the circumstances § 781(a)(1)(D) lists, such as turning 18 and completing any probation supervision for that offense; that limit does not apply if the court dismissed the offense or reduced it to a misdemeanor, but a record of such an offense for which the person must register under Penal Code § 290.008 shall not be sealed. This route does not depend on the case having ended in completed probation or diversion.
Who can still see sealed records. Under § 787, agencies may use sealed records for required data reporting, and a court may allow research access, with no personally identifying information released. Other sealing sections list further limited uses, such as § 786(g).
Other states set their own sealing rules, and how and when a record can be sealed depends on the state.
Typical timeline
In California, the earliest deadlines are fixed by statute: release within 48 hours absent a petition or complaint (§ 631), a detention hearing by the end of the next judicial day after the petition is filed (§ 632), and detention orders of up to 15 judicial days (§ 636). After that, the pace depends on the court and on the factors noted at the top of this page. A case resolved at intake or through diversion generally ends sooner than one that goes to an adjudication hearing, and probation can extend the case well beyond the disposition.
When the Process Gets Complicated: Key Variations and Special Circumstances
The steps above are general. The minor's state and county, the alleged offense and the minor's history all shape what actually happens.
A serious or violent allegation
Serious allegations can affect detention decisions, the dispositions available and whether a transfer motion is possible. This site's page on California juvenile assault charges shows how one offense category moves through these steps.
Prior adjudications or a new arrest during probation
A prior record or a new allegation while on probation can bear on detention and on the disposition. Under § 628, violating a juvenile court order is one ground on which a probation officer may hold a minor.
School discipline
Suspension, expulsion or a change of school placement can follow an arrest or adjudication separately from the court case, under school district policy and state education law this page does not cover.
Immigration
When a child is not a U.S. citizen, immigration consequences are governed by immigration law this page does not cover.
What this page does not cover
This page covers the general structure of the juvenile court process. It does not cover dependency proceedings, military diversion, mental health diversion or the rules of any state's courts beyond the California examples noted.
Discussing the Next Step in Your Child's Case
Every stage on this page turns on details that differ by state and by case: whether a petition has been filed, whether the child is detained or on home supervision, which hearing comes next and whether a transfer motion is possible. This page explains the general process; it does not address any particular child's case.
A request for a consultation about a child's juvenile case can be made through Juvenile Justice Defense Group.