Juvenile probation is court-ordered supervision that lets a minor remain in the community while following conditions a juvenile court judge sets, with a probation officer monitoring compliance and reporting to the court. It is ordered at a disposition hearing, and an alleged missed condition can lead to a violation hearing.

If your child has just been placed on probation, or a probation officer has said a violation report is going to the judge, you may be holding a list of conditions you did not write, a court date you did not choose, and a question no one has answered plainly: what happens now, and what could change it. This page walks through the sequence from the petition to the end of probation and the sealing of a record, using California's rules as the worked example and noting where other states differ.

Before You Start: What Juvenile Probation Is and Who Oversees It

Probation is a court-ordered supervision period that allows a minor to remain in the community under conditions set by the court. Two institutions run it. The juvenile court judge orders probation and sets its conditions. The probation department assigns a probation officer, the person who supervises the minor day to day and reports to the court.

Juvenile court uses its own words. A petition is the document that starts a juvenile case by alleging the minor committed an offense. A finding that the petition is true is an adjudication, not a conviction. A disposition is the court's order about what happens next, not a sentence. A ward of the court is a minor over whom the court has taken responsibility for supervision and rehabilitation. Diversion is a program that resolves a case without a formal adjudication.

Juvenile court jurisdiction, probation rules and supervision periods differ from state to state. In California, Welf. & Inst. Code § 602 generally places a minor who was between 12 and 17, inclusive, when violating a law within the juvenile court's jurisdiction, subject to the transfer rules of § 707; a minor under 12 is covered for certain listed offenses, including murder and specified forcible sex offenses. An overview of the wider juvenile court process sets these stages side by side.

Step 1 — The Petition and Detention Decision

A juvenile case formally begins when a petition is filed alleging that the minor committed an offense; depending on the state, a prosecutor or a probation officer files it. According to the OJJDP Case Flow Diagram, intake, generally run by the juvenile probation department and/or the prosecutor's office, decides whether to dismiss the case, handle it informally, or request formal intervention by the juvenile court.

In California, when a minor in temporary custody is delivered to a probation officer, Welf. & Inst. Code § 628 requires the officer to investigate immediately and release the minor to a parent, guardian or responsible relative, unless continuing in the home is contrary to the minor's welfare and detention is urgently necessary to protect the minor or reasonably necessary to protect another person or property, the minor is likely to flee, or the minor has violated a juvenile court order. Under § 631, a minor taken into custody generally must be released within 48 hours, excluding nonjudicial days, unless a petition or a criminal complaint is filed in that time. If a minor is held more than 24 hours and released with no petition filed, the probation officer must prepare a written explanation and send a copy to the parents or guardian.

A detention hearing is the court proceeding at which a judge decides whether the minor stays detained while the case proceeds. Under § 635, the California court must order release unless the minor has violated a juvenile 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 another person or property, or the minor is likely to flee to avoid the court's jurisdiction, and must in any event order release unless a prima facie showing is made that the minor is a person described in § 601 or § 602. Under § 636, a court that finds those grounds and that continuing in the home is contrary to the minor's welfare may order detention for a period not to exceed 15 judicial days. Home supervision, release home under conditions, may include electronic monitoring, and a minor is given equal consideration for release on home supervision regardless of whether the minor lives in the county where the offense occurred. The OJJDP page notes that in all states a detention hearing must be held within a period set by statute, generally within 24 hours. 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, the child and the child's parents must be notified of the child's right to be represented by counsel, retained or, if the family cannot afford counsel, appointed.

Step 2 — The Jurisdiction (Adjudication) Hearing

The jurisdiction hearing, also called an adjudication hearing, is the proceeding at which the court decides whether the facts alleged in the petition are true. It is the juvenile court's closest counterpart to a trial. The OJJDP page notes that in nearly all such hearings a judge makes the determination, although some states give the youth a right to a jury trial.

The prosecution must prove the allegations beyond a reasonable doubt: In re Winship, 397 U.S. 358 (1970), addressed whether that standard is required during the adjudicatory stage when a juvenile is charged with an act which would constitute a crime if committed by an adult. The right to counsel recognized in Gault, with the condition stated above, bears on this hearing as well. A defense attorney at this stage may challenge the evidence, cross-examine witnesses, and argue that allegations should be dismissed or reduced; the court decides the result.

If the court finds the petition true, the minor may be declared a ward of the court. That finding is an adjudication, not a conviction.

Some cases never reach this hearing. Intake can also handle a case informally or through diversion instead of a jurisdiction hearing. The OJJDP page describes informal handling in which the youth agrees to conditions for a set period, often in a written agreement called a consent decree, and notes that in most jurisdictions an informal disposition is offered only if the youth admits the act.

Step 3 — The Disposition Hearing and How Probation Is Ordered

The disposition hearing is the proceeding at which the court decides what happens to the minor after the petition is found true. It fills the place sentencing fills in adult court, but it is not called sentencing. Probation is one possible disposition on a range that runs from supervision at home to placement in a residential or secure facility.

Before the hearing, the probation department prepares a probation report: background on the minor and a recommended disposition. The OJJDP page explains that probation staff assess the youth's support systems and available programs, the court may order psychological evaluations or diagnostic tests, and the prosecutor and the youth may present their own recommendations before the judge decides.

Conditions of probation are the rules the court sets at this hearing. Examples include school attendance, curfews, community service and counseling. These are examples, not a fixed list; conditions vary by jurisdiction and by the facts, and in California the specific conditions and length depend on the court's order. A defense attorney at disposition may present mitigating information, questions the report's recommendations and argues for the least restrictive disposition, without any assured result.

Step 4 — Serving Probation: Conditions, the Probation Officer, and Day-to-Day Supervision

Daily life on probation centers on the probation officer, the person the probation department assigns to supervise the minor, hold check-ins, monitor compliance and report to the court.

Compliance in practice can include attending school, keeping to curfew, finishing community service hours and going to counseling, depending on what the order requires. The OJJDP page notes that review hearings are held to monitor progress and hear reports from probation staff.

A probation violation can be alleged after a new arrest or charge, a missed check-in, a failed drug test, a curfew violation, or any other failure to follow a court-ordered condition. How long supervision lasts depends on the court's order and the jurisdiction. School discipline, college admissions and employment consequences can follow a juvenile case and depend on rules this page does not cover.

Step 5 — Probation Violation Hearings: What Happens When a Condition Is Not Met

A violation case begins when the probation officer believes a condition was broken and reports it to the court, which then schedules a probation violation hearing: a court proceeding at which a judge decides whether the minor violated a condition of probation.

The standard of proof at a violation hearing depends on the state's law. In California, the facts alleged in a notice of violation must be established by a preponderance of the evidence, meaning more likely than not.

A new arrest does not by itself establish a violation; the court makes its own determination. If a violation is found, the possibilities include continuing probation on the same conditions, adding stricter conditions, extending the supervision period, or ordering a more restrictive disposition such as placement or a secure facility. These are possibilities, not predictions. A defense attorney at this hearing may challenge whether the violation occurred, presents context and mitigating circumstances, and argues against escalating the disposition.

Step 6 — Transfer to Adult Court and When That Risk Arises

A transfer hearing, sometimes called a fitness hearing, is a proceeding at which a judge decides whether a minor's case should move from juvenile court to adult criminal court. Eligibility rules and criteria vary by state. More on how this works appears in the guide on a juvenile tried as an adult.

In California, under Welf. & Inst. Code § 707, the prosecutor may move to transfer a minor alleged to have committed, at 16 or older, an offense listed in § 707(b) or any other felony. A motion is also possible for a § 707(b) offense committed at 14 or 15 when the individual was not apprehended before juvenile court jurisdiction ended. The motion must be made before jeopardy attaches. The court orders a probation report on the minor's behavioral patterns and social history, including any victim statement, and postpones taking a plea until the transfer hearing ends.

Transfer requires a judicial finding, by clear and convincing evidence, that the minor is not amenable to rehabilitation while under juvenile court jurisdiction. The court must consider the criteria the statute lists, including the degree of criminal sophistication the minor showed, and must state its reasons if it orders transfer. If the court orders a transfer, the case proceeds in a court of criminal jurisdiction. A defense attorney may present evidence of amenability to rehabilitation and challenges the prosecution's showing. Immigration consequences are governed by immigration law this page does not cover.

Step 7 — Record Sealing: What Happens to a Juvenile Record After Probation Ends

Sealing is a legal process that closes juvenile records so that, once they are sealed, the proceedings are treated as not having occurred, with limited exceptions for access to sealed records. A juvenile record does not seal itself at 18; sealing follows a qualifying event or a petition under the applicable statute. California's sealing statutes include the following routes.

Under Welf. & Inst. Code § 786, when a person satisfactorily completes informal supervision or probation, the court must order the petition dismissed and the records held by the court, law enforcement, the probation department and the Department of Justice sealed. The court may not do so if the petition was sustained based on an offense listed in § 707(b) that was 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 findings of wardship or conviction for a felony or a misdemeanor involving moral turpitude during supervision, and no failure to substantially comply with reasonable orders within the minor's capacity. Probation may not be extended solely to delay sealing. The order sets a date for destroying the sealed records; where a sustained petition bars firearm possession until 30, that date is the person's 33rd birthday.

Under § 786.5, the probation department must seal records after satisfactory completion of a diversion or supervision program offered in lieu of a petition. It must notify the citing or arresting agency and the Department of Justice, which must seal their records no later than 60 days after that notice, and within 30 days after receiving their notice that the records have been sealed it must notify the minor in writing.

Under § 781, a person or the county probation officer may petition five years or more after juvenile court jurisdiction ends, or at any time after the person turns 18. The court must find no felony or moral-turpitude misdemeanor conviction since and rehabilitation to its satisfaction. For an offense listed in § 707(b) that was committed at 14 or older and led to wardship, § 781(a)(1)(D) allows a petition only after the person has reached 18 (21 if committed to the state juvenile facilities division the statute names) and completed any probation supervision, unless the offense was dismissed or reduced to a misdemeanor; and a record of such an offense for which the person must register under Penal Code § 290.008 shall not be sealed. A defense attorney can explain these routes and file a petition; the court decides. Employment, school, college and financial aid consequences depend on rules this page does not cover.

What a Juvenile Probation Lawyer Does at Each Stage

Juvenile defense differs from adult criminal defense because the juvenile system has its own procedures, its own vocabulary and a stated focus on rehabilitation. 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, the child and parents must be notified of the right to counsel, retained or, if the family cannot afford counsel, appointed.

Across the stages above, a defense attorney's work may include the following:

  • Detention hearing: arguing for release or home supervision under the state's detention standards.
  • Jurisdiction hearing: testing the evidence and cross-examining witnesses.
  • Disposition hearing: presenting mitigating information and responding to the probation report.
  • Supervision: answering questions about what the court's conditions require.
  • Violation hearing: contesting whether a violation occurred and opposing escalation.
  • Transfer hearing: presenting evidence on amenability to rehabilitation.
  • Sealing: identifying the applicable sealing route and filing a petition when one is needed.

A family may also retain an attorney from the earliest stage, including before a petition is filed. Readers can find more about juvenile defense generally. This page covers the general process; the rules that apply to a particular minor's case depend on the state, the county, the charges and the facts.

Typical Timeline: What 'Juvenile Probation' Actually Means in Practice

A case that goes through every stage runs from arrest, to a detention decision and hearing, to a jurisdiction hearing, to a disposition hearing, then the supervision period, any violation hearings, and finally the end of probation and sealing; the timing depends on the state, the offense and whether the minor is detained.

In California, time points in the statutes above include: release within 48 hours, excluding nonjudicial days, unless a petition or complaint is filed (§ 631); a detention or home supervision order of no more than 15 judicial days (§ 636); and, for diversion sealing, 60 days for agencies to seal and 30 days for notice to the minor (§ 786.5). Waiting periods for petition-based sealing appear in § 781.

The length of probation itself depends on the court's order, the offense, the minor's compliance and the jurisdiction. The OJJDP page notes that a term may be specified or open-ended, and that after conditions are successfully met the judge terminates the case, so earlier completion is possible but not assured. A violation hearing or a transfer hearing can add considerable time.

When the Process Gets Complicated: Situations That Change the Analysis

Each of these situations can change how a case moves; this page does not cover every situation, and the analysis depends on the facts and the state's law.

Serious or violent allegations

Certain offense categories raise the prospect of a transfer hearing. In California, § 707 ties transfer eligibility to the minor's age and to offenses listed in § 707(b) or other felonies. The page on juvenile crimes covers offenses by type.

Prior adjudications

In California, a minor's previous delinquent history is one of the criteria the court considers at a transfer hearing under § 707.

A minor near the upper age limit

Age at the time of the alleged offense controls juvenile court jurisdiction under § 602, and § 707 addresses individuals not apprehended before juvenile jurisdiction ended.

School expulsion proceedings

School discipline can run alongside the court case; its consequences depend on rules this page does not cover.

Immigration status

For a child who is not a U.S. citizen, immigration consequences are governed by immigration law this page does not cover.

Talking Through the Next Hearing in a Probation Case

This page describes juvenile probation in general terms and does not cover the rules of every state or county.

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