If your child has been arrested or cited and diversion has come up, it means the case may be handled outside formal juvenile court. Instead of a petition, a trial-like hearing and a court-ordered outcome, your child agrees to complete set requirements, such as counseling or restitution, for a set period. If those requirements are met, the case can close without a formal finding.

Your child may have come home last night with a citation, or you may have picked them up from a police station or juvenile hall, and someone used the word "diversion" without explaining it. Now you are trying to work out whether it is good news, what your child would have to agree to, and whether this follows them to school, college or a job. This guide walks through the process in order. It covers who makes the diversion decision, what programs ask of a child, and what happens when a child finishes a program or does not. Most people facing this process have never seen the inside of juvenile court. That is why each step below names who decides and what the decision depends on.

Before You Start: What Diversion Means and What It Is Not

Diversion is a process that moves a minor's case away from formal juvenile court proceedings. In exchange, the minor typically completes specific requirements. A formal case works differently. It starts with a petition, the document that asks the court to take jurisdiction over the child. It moves to an adjudication hearing, where a judge decides whether the minor committed the offense. It ends with a disposition, the court's decision on consequences. Diversion is meant to avoid some or all of those stages. The juvenile court process explains the formal track in full.

Diversion is not available in every case. Eligibility depends on the law and programs of the jurisdiction and on the facts. Juvenile law also differs from state to state, including the ages covered, the offenses that qualify and how programs are built. This guide uses California as its worked example and says so each time it states a California rule. Diversion does not by itself keep a child out of juvenile hall or prevent a record. What it does depends on the law and the facts.

Step 1: How a Case Reaches the Diversion Decision Point

The diversion decision can come at several points. A police officer may make it before anything is filed. A probation officer may make it after a referral but before a petition. A prosecutor may refer a minor to a program in place of filing a petition, and a court may order one after a petition is filed. The U.S. Department of Justice's OJJDP case flow overview describes the earliest point this way: at arrest, law enforcement usually decides whether to send a matter further into the system or divert it. The officer typically makes that decision after talking with the victim, the youth and the parents.

Pre-filing diversion happens before the case reaches a court. In California, Welf. & Inst. Code § 654 allows a probation officer to take this route. The officer must first have investigated and concluded that the minor is, or would be, within the juvenile court's jurisdiction. The officer may then skip filing a petition and refer the minor to services, with the consent of the minor and the parent or guardian. If the probation department supervises the minor, the program may last no more than six months. The statute also says that when, in the probation officer's judgment, the interest of the minor and the community can be protected, the officer shall make a diligent effort to use this route. Section 654.3 makes a minor ineligible for this supervision in the cases described in Step 2.

Post-filing diversion happens after a petition is filed. In California, Welf. & Inst. Code § 654.2 lets the court, once the prosecuting attorney has filed a petition to declare the minor a ward of the court, continue the hearing for six months and order a supervision program. The court may do this without declaring the minor a ward of the court, meaning a child placed under the court's authority. The minor and the parents or guardian must consent. Other states use their own statutes and timelines.

Step 2: Eligibility — What Determines Whether a Minor Qualifies

No single national standard decides who qualifies for diversion. Each state and each program sets its own rules. The OJJDP overview notes that in most jurisdictions, a youth may be offered an informal disposition only if the youth admits to committing the act.

In California, Welf. & Inst. Code § 654.3(a) makes a minor ineligible for supervision under § 654 or § 654.2 in the cases it lists, including where the minor has previously participated in a § 654 program or has previously been adjudged a ward of the court under § 602, except where the court makes an interests-of-justice determination and specifies its reasons on the record. Under § 654.3(b), a petition alleging an offense listed in § 707(b) makes the minor ineligible, except in unusual cases where the court makes an interests-of-justice determination and specifies its reason on the record.

In California, consent is part of eligibility. Both § 654 and § 654.2 require the agreement of the minor and the parent or guardian. Under § 654.2(b), if the minor is eligible for § 654 supervision and the probation officer believes the minor would benefit, the officer may recommend informal supervision under § 654.2 when referring the affidavit to the prosecuting attorney. Whether a specific child qualifies depends on the program's rules and the facts of the case.

Step 3: What Diversion Programs Typically Require

The OJJDP overview says that informal conditions are often written into an agreement, generally called a "consent decree." Conditions may include victim restitution, school attendance, drug counseling or a curfew, and a probation officer often monitors compliance.

California's § 654 allows the minor to be referred to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency or the probation department. It also allows a supervision program to include care and treatment for the misuse of, or addiction to, controlled substances. It also requires programs run under § 654.2 to encourage parents or guardians to join counseling or education programs alongside the child. Program length varies by jurisdiction and program. California caps probation-run § 654 supervision at six months. Diversion is generally voluntary, and it begins with consent.

Step 4: What Happens If the Minor Completes the Program

Successful completion typically closes the case without an adjudication. That means no court finding that the minor committed the offense, and no disposition. The OJJDP overview states that if a youth complies with an informal disposition, the case is dismissed.

In California, the result depends on which route the case took:

  • § 654 (pre-filing supervision): The program runs in place of filing a petition, so none is filed while it runs (the probation officer may still request one, as Step 5 describes). Under Welf. & Inst. Code § 786.5, upon satisfactory completion of a program of diversion or supervision to which a probation officer referred the juvenile in lieu of filing a petition, including informal supervision under § 654, the probation department seals the citation, arrest and other records in its custody.
  • § 654.2 (court-supervised): If the minor successfully completes the program, the court shall order the petition dismissed.

Welf. & Inst. Code § 786 adds that when a minor satisfactorily completes a § 654.2 program, the court shall dismiss the petition. The court shall also seal the related records held by:

  • the juvenile court
  • law enforcement agencies
  • the probation department
  • the Department of Justice

Satisfactory completion means the minor had no new finding of wardship and no conviction for a felony or a misdemeanor involving moral turpitude during supervision. It also means the minor did not fail to substantially comply with reasonable orders within the minor's capacity to perform. Under § 786, unpaid restitution does not by itself count as unsatisfactory completion. After the dismissal, the arrest and proceedings are deemed not to have occurred, and the person may reply accordingly to inquiries from employers, educational institutions and others. Section 786(d) does not allow dismissal and sealing under that section where the petition was sustained on a § 707(b) offense committed at 14 or older, unless that finding was dismissed or was reduced to a misdemeanor or to a lesser offense not listed in § 707(b).

Sealing is not automatic at 18. Where § 786 does not apply, Welf. & Inst. Code § 781 lets a person or the county probation officer ask the court to seal records. That request may be filed:

  • five years after juvenile court jurisdiction ends, or
  • if no petition was filed, five years after the minor was cited or taken before a probation or law enforcement officer, or
  • at any time after the person turns 18.

The court orders sealing if it finds no felony conviction and no conviction for a misdemeanor involving moral turpitude since then, and that rehabilitation has been attained to its satisfaction. For an offense listed in § 707(b) committed at 14 or older that resulted in wardship, § 781 allows a petition only after the person has turned 18 and completed any probation supervision imposed for that offense or, for a person committed to the former Division of Juvenile Facilities, after turning 21 and completing probation supervision following release. Those limits do not apply if the court dismissed the offense or reduced it to a misdemeanor, and a record of such an offense for which the person must register under Penal Code § 290.008 cannot be sealed. Consequences for school, college and employment 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 5: What Happens If the Minor Does Not Complete the Program

A case can return to the formal track if the minor misses requirements, picks up a new offense or is removed from the program. What counts as a failure, and what follows, depends on the program's terms and the jurisdiction's rules. The OJJDP overview states that when a youth fails to meet informal conditions, intake may decide to formally prosecute. The case then proceeds as if it had been sent to an adjudicatory hearing from the start.

California's rules are specific:

  • § 654 (pre-filing supervision): The probation officer may request a petition at any time during the six months, or within 90 days after. If the minor has not participated within 60 days, the officer may file a petition or ask the prosecutor to file one.
  • § 654.2 (court-supervised): If the minor does not successfully complete the program, proceedings on the petition shall go forward no later than 12 months from the date the petition was filed.

Not completing diversion does not erase the underlying allegations. A return to court does not automatically mean detention or commitment. Those decisions follow the ordinary rules described in the juvenile crimes overview.

Typical Timeline: How Long the Diversion Process Takes

Timelines are not universal, and every stage depends on the jurisdiction, the program and the facts.

If a child is held, California's detention rules set the early pace. Under Welf. & Inst. Code § 628, the probation officer shall immediately investigate and immediately release the minor to a parent, guardian or responsible relative. The exception is when the evidence shows that staying home is contrary to the minor's welfare and at least one of these conditions exists:

  • detention is a matter of immediate and urgent necessity to protect the minor, or reasonable necessity 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

Under § 628.1, when a minor meets one or more of those criteria but the probation officer believes 24-hour secure detention is not necessary, the officer proceeds under that section, which provides for release to a parent, guardian or responsible relative on home supervision. As a condition, the minor must sign a written promise to observe the specific conditions of home supervision.

A detention hearing is the hearing on whether the minor stays detained. Under Welf. & Inst. Code § 632, unless the minor is released sooner, it must take place as soon as possible and in any event before the end of the next judicial day after a petition is filed. For a minor who meets all three of these conditions, § 632(b) sets the limit at 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:

  • taken into custody without a warrant
  • suspected of a misdemeanor not involving violence, a threat of violence or weapons
  • not on probation or parole

A minor not brought before the court in time shall be released.

Once a minor is in a program, California's § 654.2 supervision runs six months. The court may extend it at its discretion on the probation officer's recommendation, and the probation officer must file a follow-up report 15 days before the program concludes.

When the Process Gets Complicated: Factors That Change the Path

These situations are where many families feel least sure of the ground, and each one changes the path in a specific way.

A prior record

In California, a minor who has previously participated in a § 654 program or has previously been adjudged a ward of the court under § 602 is ineligible for supervision under § 654 or § 654.2, except where the court makes an interests-of-justice determination and specifies its reasons on the record (§ 654.3(a)).

A serious or violent offense

In California, a petition alleging an offense listed in § 707(b) makes the minor ineligible for supervision under § 654 or § 654.2, except in unusual cases where the court makes an interests-of-justice determination and specifies its reason on the record (§ 654.3(b)). Under California's § 786, the court shall not use that section to dismiss and seal a petition sustained on a § 707(b) offense committed at 14 or older. The exception is when that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b).

Transfer to adult court

In California, Welf. & Inst. Code § 707 allows the prosecutor to move to transfer a minor to adult court in two situations:

  • the minor allegedly committed a § 707(b) offense or any other felony at age 16 or older, or
  • the minor allegedly committed a § 707(b) offense at 14 or 15 but was not apprehended before juvenile court jurisdiction ended.

The motion must come before jeopardy attaches. The court must order a probation report. It must find by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction. In deciding, it weighs criteria including criminal sophistication, whether the minor can be rehabilitated before jurisdiction expires, and prior delinquent history. Any plea is postponed until the transfer hearing ends. More detail is in the guide on being tried as an adult.

When any of these factors is present, the case becomes more complex.

The Right to Counsel

No attorney can promise diversion, a clean record or any particular result.

The United States Supreme Court held in In re Gault, 387 U.S. 1 (1967), that the Due Process Clause of the Fourteenth Amendment requires, in proceedings to determine delinquency that may result in commitment to an institution in which the juvenile's freedom is curtailed, that the child and parents be notified of the child's right to be represented by counsel and that counsel be appointed if they cannot afford one. The guide to juvenile defense covers the attorney's role more broadly.

Talking Through Diversion in Your Child's Case

Diversion decisions turn on details: which route the case is on, who is deciding and what the program's terms say.

This page does not cover school discipline proceedings or immigration law.

To talk with an attorney about where diversion fits, request a consultation about a child's juvenile case through Juvenile Justice Defense Group.