A juvenile adjudication hearing is the juvenile-court version of a trial: a judge hears the evidence and decides whether the allegations in the petition against a child have been proven beyond a reasonable doubt. If they are, the petition is "sustained" and the case moves to a disposition hearing. If not, that petition is dismissed.

A parent whose child has been charged in juvenile court often arrives at this point with a court date on a calendar, a stack of papers full of unfamiliar words, and no clear picture of what will happen in the courtroom or what it means for school and the years ahead. This guide walks through the hearing in order: what comes before it, what happens inside it, what follows, and how it differs from an adult trial.

Before You Start: Key Terms and What This Hearing Is

The adjudication hearing, called a jurisdiction hearing in California, is where a judge decides whether the facts alleged in the petition are true. It is not an adult criminal trial, and juvenile court uses its own vocabulary:

  • Petition: the charging document in juvenile court. It is not called a criminal complaint or an indictment.
  • Detention hearing: an early hearing that decides whether a child stays in custody while the case goes on.
  • Sustained petition: a finding that the petition is true. It is not called a conviction.
  • Disposition: the outcome the court orders after a sustained petition. It is not called a sentence.
  • Ward of the court: a child the court has placed under its supervision.
  • Probation: supervision, usually by a probation officer, under conditions the court sets.
  • Diversion: a program that handles a case outside the formal court process.
  • Transfer hearing: a hearing on whether a case moves to adult court.
  • Sealing: a court or agency order that closes records from most access.

In California, Welf. & Inst. Code § 676 provides that the public is not admitted to a juvenile court hearing unless the minor and any parent or guardian present request it, but members of the public are admitted to hearings on petitions alleging certain listed offenses, such as murder, subject to the exceptions in that section. The Supreme Court's decision in In re Gault, 387 U.S. 1 (1967), held that in proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed, due process requires that the child and the parents be notified of the child's right to be represented by counsel, and that counsel will be appointed if they are unable to afford counsel.

This guide describes how the process generally works in the United States. It uses California as the worked example, and California's rules come from its Welfare and Institutions Code. For the full sequence from questioning to sealing, see the overview of the juvenile court process.

Step 1: The Petition and What Happens Before the Adjudication Hearing

A juvenile case typically begins when police cite a minor or take a minor into custody. California adds a 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. The section does not apply to the admissibility of statements if both of these are true: the officer who questioned the youth reasonably believed the information sought was necessary to protect life or property from an imminent threat, and the officer's questions were limited to those reasonably necessary to obtain that information. The rule also does not apply to a probation officer's normal duties under the sections it names.

After custody, a probation officer or the court decides whether the child is held or released to a parent or guardian. In California, Welf. & Inst. Code § 631(a) generally requires a minor taken into custody to be released within 48 hours after being taken into custody, excluding nonjudicial days, unless within that time a petition to declare the minor a ward or a criminal complaint has been filed. Under § 632(a), unless sooner released, a detained minor must be brought before a judge or referee for a detention hearing as soon as possible and in any event before the end of the next judicial day after the petition is filed. Section 632(b) sets a different limit 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: the minor must be brought before the judge or referee as soon as possible, but no later than 48 hours after being taken into custody, excluding nonjudicial days, after a petition has been filed. For that same kind of arrest, § 631(b) requires release within 48 hours, excluding nonjudicial days, unless a petition has been filed and a judge or referee has ordered the minor detained under § 635. Under § 632(c), a minor not brought before the judge or referee within the period prescribed must be released.

In California, the petition alleges that the minor comes within Welf. & Inst. Code § 602. That section generally covers minors aged 12 to 17, inclusive, when the alleged offense happened. Children under 12 are covered only for the serious offenses the statute lists, including murder and certain forcible sex offenses.

The child may admit or deny the allegations of the petition. A denial works much like a not-guilty plea and puts the case on the path to adjudication. Diversion may be offered before or after filing, and completing it can end a case without an adjudication hearing.

In some felony cases a transfer hearing under Welf. & Inst. Code § 707 may come first. That rule is covered under complications below.

Step 2: How the Adjudication Hearing Proceeds

The hearing is held before a juvenile court judge. Those present generally include the judge, the prosecutor, the child, the child's attorney, witnesses and court staff.

Under In re Gault, in proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed, the child and the parents must be notified of the child's right to be represented by counsel, and counsel will be appointed if they are unable to afford counsel. Gault also held that the constitutional privilege against self-incrimination applies to juveniles as it does to adults, and that, absent a valid confession, confrontation and sworn testimony by witnesses available for cross-examination were essential for the finding of delinquency and the order committing the child to a state institution in that case.

The prosecution presents its evidence first. The child's attorney may cross-examine those witnesses and challenge the evidence, then present evidence and call witnesses for the child. In California, Welf. & Inst. Code § 701 requires proof beyond a reasonable doubt, supported by evidence legally admissible in the trial of criminal cases, to support a finding that the minor is a person described by § 602. In re Winship, 397 U.S. 358 (1970), held that proof beyond a reasonable doubt is among the essentials of due process and fair treatment required during the adjudicatory stage when a juvenile is charged with an act which would constitute a crime if committed by an adult.

When the evidence closes, the judge decides whether each allegation is true. If the petition is sustained, the case moves to disposition, sometimes on the same day and sometimes at a later hearing. If it is not sustained, Welf. & Inst. Code § 702 requires the court to dismiss the petition and discharge the minor from any detention or restriction ordered earlier.

A minor may also admit the allegations of the petition, which works much like a guilty plea. Under Welf. & Inst. Code § 657(b), at the detention hearing or any time after it, a minor may, with the consent of counsel, admit the allegations in court and waive the jurisdictional hearing.

Step 3: The Disposition Hearing — What Comes After a Sustained Petition

A disposition hearing is where the court decides what happens after a sustained petition. It is not a sentencing hearing. For many parents, this is the hearing that matters most, because it is where questions about home, school and supervision get answered.

The probation officer prepares a social study for the court. Under Welf. & Inst. Code § 702, the court may continue the hearing to receive it, for not more than 10 judicial days if the minor is detained; if the minor is not detained, the hearing may be continued to a date not later than 30 days after the petition was filed, and for good cause for an additional 15 days. Welf. & Inst. Code § 202 states the purposes of juvenile court law as the protection and safety of the public and of each minor under the court's jurisdiction, with care, treatment and guidance for a minor who has engaged in delinquent conduct that is consistent with the minor's best interest and holds the minor accountable for their behavior.

The range of dispositions is wide. A child may stay at home under court conditions. The child may be declared a ward of the court and placed on formal probation, which means the court supervises the child, usually through the probation department. A child may also be placed in a foster home or group home, as Welf. & Inst. Code § 727 describes. California's Division of Juvenile Justice no longer operates, so older descriptions of commitments there are out of date. Which dispositions are available in a particular case depends on current California law, the facts and the court.

Under Welf. & Inst. Code § 730(b), when a ward is placed under the supervision of the probation officer, the court may make any and all reasonable orders for the conduct of the ward. The specific conditions depend on the facts and the court. Under Welf. & Inst. Code § 730.6, when a minor is found to be a person described in § 602, the court shall order the minor to pay restitution to the victim or victims, if any, and shall order full restitution unless it finds compelling and extraordinary reasons and states them on the record.

School discipline, employment and other consequences can follow a juvenile case 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 4: After Disposition — Probation, Appeals, and Record Sealing

On probation, a probation officer supervises compliance with the court's conditions, and the court may hold review hearings to check progress. If a condition is violated, the court can change the disposition. In California, Welf. & Inst. Code § 800 provides that a judgment in a proceeding under § 601 or § 602 may be appealed from, by the minor, in the same manner as any final judgment. Appeal procedures and deadlines vary by state.

Juvenile records are not sealed automatically at 18. Who may seek sealing, and when, depends on state law. California's rules work like this:

  • Welf. & Inst. Code § 786: When a child satisfactorily completes an informal program of supervision, probation or a term of probation, the court must dismiss the petition and seal the related records. "Satisfactory" means no new wardship findings or convictions for a felony or a misdemeanor involving moral turpitude during the period of supervision or probation, and no failure to substantially comply with reasonable orders within the child's capacity. Unpaid restitution does not count against completion. This section does not apply to a sustained 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 on that list.
  • Welf. & Inst. Code § 786.5: The probation department must seal records after the child satisfactorily completes diversion or supervision that was used in place of filing a petition.
  • Welf. & Inst. Code § 781: The person or the probation officer may petition five years or more after juvenile jurisdiction ends, or at any time after the person turns 18. The court may order sealing if it finds no felony conviction or conviction for a misdemeanor involving moral turpitude since then, and that rehabilitation has been attained. For an offense listed in § 707(b) that was committed at 14 or older and resulted in wardship, a petition may be filed or considered under this section only if the person has attained 18 years of age and has completed any period of probation supervision for that offense (21 years of age if the person was committed to the state juvenile facilities division the statute names), unless the finding was dismissed or reduced to a misdemeanor. A record of such an offense for which the person is required to register under Penal Code § 290.008 is not sealed.

Once records are sealed, the proceedings are generally treated as though they did not occur. Sealing does not end every use of the records. Under § 787, agencies may access sealed records for required data reporting, and courts may allow approved research, but in both cases no personally identifying information may be released. Eligibility rules and procedures differ significantly from state to state.

How Juvenile Adjudication Differs from an Adult Criminal Trial

The differences are both practical and a matter of vocabulary:

  • Who decides: In California, the court makes the finding on the petition (Welf. & Inst. Code § 702). The Supreme Court has held that a jury trial is not constitutionally required at a juvenile court's adjudicative stage.
  • The result: A finding against the child is a sustained petition, not a conviction.
  • What follows: The next step is a disposition hearing, not a sentencing hearing.
  • Who can watch: In California, the public is not admitted unless the minor and any parent or guardian present request it, and the public is admitted to hearings on petitions alleging certain listed offenses (Welf. & Inst. Code § 676).
  • The purpose: In California, Welf. & Inst. Code § 202 states the purposes as the protection and safety of the public and of each minor under the court's jurisdiction.
  • The records: Juvenile records may be eligible for sealing, as described above.

A case can sometimes move to adult court, and the rules for that vary by state. California's rule appears under complications below. A broader overview of how juvenile crimes are handled covers these differences offense by offense.

Typical timeline

Detention deadlines are short and set by statute. In California, the detention hearing comes before the end of the next judicial day after the petition is filed, with the different limit in § 632(b) for the cases it lists, as described in Step 1. Under Welf. & Inst. Code § 657, the clerk sets the petition for hearing within 30 days of its filing, or within 15 judicial days from the date of the order directing detention if the minor is detained in custody, with a separate rule where a warrant of arrest has been issued and the minor was not before the court when the petition was filed. Whether disposition happens the same day, and how long probation lasts, depend on the state, the court's calendar and the facts of the case. Sealing under California's rules can come at the end of supervision or years later, depending on which section applies.

When the process gets complicated

A motion to transfer to adult court

In California, Welf. & Inst. Code § 707 allows the prosecutor to move to transfer a minor who was 16 or older at the time of an offense listed in § 707(b) or any other felony. It also allows transfer for a person who was 14 or 15 at the time of a § 707(b) offense but was not apprehended before juvenile jurisdiction ended. The motion must come before jeopardy attaches. Probation prepares a report on the minor's behavioral patterns and social history, including any statement from the victim. The court may order transfer only if it finds, by clear and convincing evidence, that the minor is not amenable to rehabilitation in juvenile court. In deciding, it weighs the statutory criteria, including criminal sophistication and whether the minor can be rehabilitated before juvenile jurisdiction expires. The plea is postponed until the transfer hearing ends. More detail is in the guide to being tried as an adult.

A new arrest or a probation violation

A new allegation or a missed condition can bring the case back before the court. It can also affect sealing under § 786.

School or immigration questions

These can run alongside the case. They depend on rules this page does not cover.

What This Page Does Not Cover

This page covers the general structure of juvenile adjudication in the United States, with California as the worked example. It does not cover:

  • the specific rules of any other state;
  • traffic offenses, status offenses such as truancy or curfew, or child welfare and dependency cases;
  • cases charged directly in adult court;
  • the procedures of any individual courthouse, probation department or diversion program;
  • immigration consequences, which are governed by immigration law this page does not address;
  • school discipline, financial aid or employment consequences in detail, since these depend on the facts and on rules this page does not cover.

Nothing here is legal advice about any child's case. For a parent-focused overview of juvenile defense, see the related guide.

Requesting a Consultation About the Adjudication Hearing

This page does not address any individual child's situation. A consultation about a child's juvenile case can be requested through Juvenile Justice Defense Group.