When a child is arrested, the case moves through a series of steps. Police make contact. In California, a probation officer first decides whether to hold the child or release them. A judge holds a detention hearing. Then come the petition, possible diversion, a jurisdiction hearing and disposition, and later, record sealing. A minor's lawyer has a role at each step, and the rules differ by state.

Perhaps a phone call came from a police station or juvenile hall. Perhaps a citation arrived at your door. Either way, you are now trying to work out whether your child comes home tonight, what the next court date means, and what this will do to school and to your child's future. Most people facing this process have never seen the inside of a juvenile courtroom, and the vocabulary alone can feel like a wall. This guide walks through each stage in order. It explains who decides what at each point, and it uses California's rules as the worked example.

Before You Start: What a Juvenile Case Is — and How It Differs from an Adult Criminal Case

Juvenile court uses its own words, and they matter. The federal Office of Juvenile Justice and Delinquency Prevention notes that juvenile court language differs from the language of criminal court, where a person is convicted and sentenced. The key terms are:

  • Petition: the document that formally alleges the minor committed an offense. It is not a criminal complaint.
  • Detention hearing: the court hearing that decides whether a minor stays in custody.
  • Jurisdiction hearing: the hearing where the court decides whether the petition's allegations are true. It is also called an adjudication hearing.
  • Ward of the court: a minor placed under the juvenile court's authority after the allegations are found true.
  • Disposition: the court's order after that finding. It is not a sentence.
  • Probation: supervision by a probation officer under conditions the court sets.
  • Diversion: resolving a case outside formal court proceedings.
  • Transfer hearing: the hearing that decides whether a case moves to adult criminal court.
  • Sealing: a statutory process that seals records of the case.

The ages juvenile court covers vary by state. In California, for example, Welf. & Inst. Code § 602 generally covers minors aged 12 through 17 who violate a law defining a crime, subject to the transfer rules in § 707. Children under 12 are covered for certain serious offenses listed in the statute, including murder and specified forcible sex offenses.

The U.S. Supreme Court held in In re Gault, 387 U.S. 1 (1967), that in proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed, the child has these rights: notice of the charges, counsel, the right to confront and cross-examine witnesses, and the privilege against self-incrimination. The rest of this page uses California's Welfare and Institutions Code as its example. For a broader overview, see the juvenile court process.

Step 1: Arrest or Contact with Law Enforcement

California law lets a peace officer take a minor under 18 into temporary custody without a warrant. Under Welf. & Inst. Code § 625, this applies when the officer has reasonable cause to believe the minor is a person described in Section 601 or 602. It also applies in other situations the section lists, including when a ward of the court is believed to have violated a juvenile court order or escaped from a commitment.

Questioning has its own rule in California. Under Welf. & Inst. Code § 625.6, a youth 17 or younger must consult with legal counsel before a custodial interrogation and before waiving any Miranda rights. The consultation can happen in person, by telephone or by video conference, and it may not be waived. When a court decides whether the youth's statements can be used, it must consider any failure to follow this rule.

The rule has two limits:

  • It does not apply to whether statements can be used if the officer reasonably believed the information was needed to protect life or property from an imminent threat, and the officer limited the questions to those reasonably necessary to get that information.
  • It does not require a probation officer to follow the rule in the normal performance of the probation officer's duties under Section 625, 627.5 or 628.

Another state's rule on questioning is that state's own. The privilege against self-incrimination recognized in Gault applies in delinquency proceedings of the kind Gault addressed.

After contact, an officer may handle the matter and release the minor, issue a citation, or bring the minor to a probation officer or a juvenile detention facility. OJJDP describes how law enforcement often diverts youth at this point instead of referring the case to court.

Step 2: The Detention Decision — Will the Minor Be Held or Released?

In California, a minor taken into temporary custody is delivered to a probation officer. Under Welf. & Inst. Code § 628, the officer must investigate right away and release the minor to a parent, guardian or responsible relative, unless two things are shown. First, staying in the home must be contrary to the minor's welfare. Second, at least one of these must exist:

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

Home supervision. Even when a ground for detention exists, the officer may decide that 24-hour secure detention is not necessary. In that case, Welf. & Inst. Code § 628.1 directs release on home supervision unless one of the conditions in Section 628(a)(1) exists. The minor must sign a written promise to observe the specific conditions of home supervision, and the parent, guardian or responsible relative must sign a written promise as well.

Timing of the hearing. Under Welf. & Inst. Code § 632, a detained minor must be brought before a judge or referee as soon as possible. In any event, this must happen before the end of the next judicial day after a petition is filed. Under Welf. & Inst. Code § 631(a), a minor taken into custody generally must be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within that time a petition to declare the minor a ward, or a criminal complaint against the minor, has been filed; the rule does not apply to a minor who willfully misrepresents being 18 or older.

There is a narrower timeline for some cases. Under Welf. & Inst. Code § 632(b), it applies when a minor is taken into custody without a warrant on the belief that the minor committed a misdemeanor not involving violence, a threat of violence, or possession or use of weapons, and the minor is not currently on probation or parole. In those cases, the minor must be brought before a judge or referee for a detention hearing as soon as possible, but no later than 48 hours after having been taken into custody, excluding nonjudicial days, after a petition to declare the minor a ward has been filed. Under § 631(b), the minor in those cases must be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless a petition has been filed and a judge or referee has ordered the minor detained under Section 635. Under § 632(c), a minor not brought before the court within the period the section prescribes must be released.

At the detention hearing. Under Welf. & Inst. Code § 635, the court must order release unless one of these applies:

  • The minor violated a court order or escaped from a juvenile court commitment.
  • Detention is a matter of immediate and urgent necessity to protect the minor, or reasonably necessary to protect the person or property of another.
  • The minor is likely to flee.

The court may consider how serious the alleged offense is, along with other factors. It may not base detention solely on the minor's county of residence. It must also release the minor unless there is a prima facie showing that the minor is a person described in Section 601 or 602. A prima facie showing means enough evidence, on its face, to support that conclusion.

Under § 635(a), the court hears relevant evidence that the minor, a parent, a legal guardian or counsel wants to present.

Detention order. Under Welf. & Inst. Code § 636(a), if it appears at the hearing that the minor has violated a juvenile court order or escaped from a commitment, that detention is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another, or that the minor is likely to flee, and that continuance in the home is contrary to the minor's welfare, the court may order the minor detained in juvenile hall or another suitable place the court designates for a period not to exceed 15 judicial days. The court enters its findings of fact in the court records. If the court finds that the criteria of Section 628.1 are applicable, § 636(b) provides that it places the minor on home supervision for a period not to exceed 15 judicial days.

According to OJJDP, in all States a detention hearing must be held within a time set by statute, generally within 24 hours. California's own timing is the one stated above.

Step 3: The Petition — How Charges Are Filed in Juvenile Court

In California, a petition under Welf. & Inst. Code § 602 is filed by the prosecuting attorney, not by the police, and it formally begins the juvenile court case. The petition alleges that the minor violated a law of the state or the United States, or a city or county ordinance defining a crime. Curfew ordinances based only on age are excluded. If the petition is found true, the court may adjudge the minor a ward of the court.

California's statutes also refer to minors described in Section 601, which is separate from § 602. OJJDP describes status offenses generally as conduct that is unlawful only for youth, such as running away, truancy or curfew violations. It notes that states handle status offenses differently, and that some treat them more like dependency matters than delinquency cases.

Under Gault, in proceedings that may result in commitment to an institution, the minor has the right to notice of the charges and the right to counsel. Once a petition is filed, a minor's lawyer may read its allegations, investigates the facts, and explains the possible responses. What follows depends on the evidence and the court.

Step 4: Diversion — When a Case May Be Resolved Before Court

Diversion resolves a case outside formal adjudication. It can involve counseling, school attendance, restitution, a curfew or a program of supervision or services. OJJDP explains that intake may handle a case informally, sometimes under a written agreement. If the youth complies, the case is dismissed. If the youth does not, the case may be formally prosecuted.

In California, diversion can come from probation or from the prosecutor. Under Welf. & Inst. Code § 786.5, the probation department must seal the citation, arrest and related records once a juvenile satisfactorily completes a diversion or supervision program. This applies when the program was offered in place of a petition, whether the referral came from the probation officer or the prosecutor. It includes informal supervision under Section 654.

Once sealing is triggered:

  • The arresting agency and the Department of Justice must seal their records within 60 days of notice from probation.
  • Probation must then notify the minor in writing within 30 days of hearing from those agencies.

Whether diversion is offered depends on the offense, the minor's history, and the programs that exist in that state or county. A minor's lawyer may look at whether a program is available, ask that the minor be placed in it, and follow how the minor is complying with it.

Step 5: The Jurisdiction (Adjudication) Hearing — How the Court Decides the Facts

At the jurisdiction hearing, the court hears witnesses and evidence and decides whether the petition's allegations are true. OJJDP notes that a judge usually decides, although some states give a jury trial right.

The U.S. Supreme Court has held that allegations of conduct that would be a crime if committed by an adult must be proven beyond a reasonable doubt. Under Gault, in proceedings that may result in commitment to an institution, the minor may confront and cross-examine witnesses.

At this hearing, a minor's lawyer may challenge the evidence, cross-examine witnesses, file motions to suppress evidence, and argue that the allegations are not proven. If the court sustains the petition, the minor is adjudicated, not convicted, and the case moves to disposition. A sustained petition is one the court has found true.

Step 6: Transfer to Adult Court — When and How It Can Happen

A transfer hearing decides whether a minor's case leaves juvenile court for a court of criminal jurisdiction. Under California's Welf. & Inst. Code § 707, the prosecutor may move to transfer in two situations:

  • The minor was 16 or older at the time of an offense listed in the statute, or of any other felony.
  • The individual 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.

Once the motion is made, the court orders probation to prepare a report on the minor's behavioral patterns and social history. The report includes any statement offered by the victim. To transfer the case, the court must find by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction. The court considers the criteria the statute lists, including the degree of criminal sophistication the minor showed. If the court orders a transfer, it must state its reasons in the order. A plea is postponed until the transfer hearing ends.

At this hearing, a minor's lawyer may present evidence about the minor's background, circumstances and capacity for rehabilitation.

Other states use different procedures. OJJDP notes that in many states, prosecutors must or may file certain cases in criminal court. If a case is transferred, it proceeds in criminal court, where the terms conviction and sentence apply. More detail is on being tried as an adult.

Step 7: Disposition — What the Court Can Order After Adjudication

Disposition is the order the court makes after adjudication. OJJDP describes the steps:

  • Probation staff prepare an investigation report.
  • The prosecutor and the youth may offer recommendations.
  • The judge orders a disposition.

Dispositions are often multi-faceted. Probation may come with requirements such as drug counseling, weekend confinement in the local detention center, and community or victim restitution. Residential placement may be in a secure setting or a more open one.

In California, the options depend on the offense, the minor's history and the statutes that apply. California's Division of Juvenile Justice no longer operates, so descriptions of commitment to it are out of date. A probation officer monitors the conditions the court sets. When a probation violation is alleged, the court decides what happens next.

At disposition, a minor's lawyer may present mitigating information, argue for the least restrictive appropriate order, and challenge conditions that are not legally supported.

Consequences for school and employment can follow an adjudication, and they depend on facts and rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.

Step 8: Record Sealing — What Happens to the Juvenile Record

A California juvenile record does not seal itself at 18. Sealing happens through the routes the statutes set out.

Under Welf. & Inst. Code § 786. When a minor satisfactorily completes informal supervision, probation under Section 725, or another term of probation, the court shall order the petition dismissed and the records sealed. Under § 786(d), however, the court shall not seal a record or dismiss a petition if the petition was sustained based on an offense listed in Section 707(b) that was committed when the individual was 14 years of age or older, unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in Section 707(b). "Satisfactory completion" means two things: no new wardship finding or conviction for a felony or a misdemeanor involving moral turpitude during supervision, and no failure to substantially comply with reasonable orders the minor could perform. Unpaid restitution does not count as unsatisfactory completion.

Under Welf. & Inst. Code § 781. The person, or the county probation officer, may petition the court to seal the records. This can be done five years after juvenile court jurisdiction ends, or at any time after the person turns 18. If no petition was filed, the five years run from the citation or police contact. The court must find that the person has not been convicted of a felony or a misdemeanor involving moral turpitude since then, and that rehabilitation has been attained to the court's satisfaction. For a record relating to an offense listed in Section 707(b) that was committed after the person turned 14 and resulted in wardship, a petition may be filed only if the person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, has turned 21 and has completed probation supervision after release, or was not so committed, has turned 18 and has completed any period of probation supervision related to that offense. That limit does not apply if the court dismissed the offense or reduced it to a misdemeanor, and a record relating to such an offense for which the person must register under Penal Code § 290.008 shall not be sealed.

What sealing does. Once records are sealed, the proceedings are deemed not to have occurred, and the person may answer inquiries accordingly. Sealed records can still be accessed in the limited circumstances the statutes list, and sealing does not relieve a minor of the obligation to pay victim restitution (Welf. & Inst. Code § 786(g), (h)). The court's order specifies the date by which sealed records are destroyed. Under Welf. & Inst. Code § 786(a), if a record contains a sustained petition that makes the person ineligible to own or possess a firearm until 30 years of age under Penal Code § 29820, that date is when the person turns 33.

A minor's lawyer may help determine eligibility and, where a petition is the route, file it and appear at the hearing. Another state's sealing rules are that state's own.

Typical timeline

The earliest deadlines are fixed by statute. A detained minor's hearing generally must happen before the end of the next judicial day after a petition is filed, or no later than 48 hours after custody, excluding nonjudicial days, after a petition is filed in the narrower misdemeanor category. A detention order under § 636(a) is for a period not to exceed 15 judicial days. After that, the time to reach jurisdiction, disposition and the end of probation depends on the court's calendar, whether a transfer motion is filed, and the case itself. Sealing can come years later.

When the Process Gets Complicated: Factors That Change the Path

Each of these situations can change the path a case takes.

Serious or violent allegations

These can lead to a § 707 transfer motion. They may also bear on detention, since the court may consider the circumstances and gravity of the alleged offense. The juvenile assault charges page shows how this works for one offense.

A prior record or probation status

A violation of a juvenile court order is one of the conditions that can support detention under §§ 628, 635 and 636. The narrower 48-hour misdemeanor timeline applies only to a minor who is not currently on probation or parole.

The child's age

Age is part of whether § 602 applies (it covers minors 12 through 17, and younger children only for the offenses it lists) and of whether a § 707 transfer motion is possible.

School and immigration

A school's own discipline process can run alongside the case, with separate outcomes. Immigration consequences are governed by immigration law this page does not cover.

Another state

A child arrested elsewhere faces that state's rules, not California's.

Discussing Where Your Child's Case Stands

This page describes juvenile detention in general terms. It does not cover the facts of any one child's case.

You can request a consultation about a child's juvenile case through Juvenile Justice Defense Group.