When a child on juvenile probation is accused of breaking a condition or of a new offense, the probation officer usually reports it to the juvenile court. The child may be held in custody until a judge decides at a detention hearing whether to release them. A later hearing decides whether the violation happened and what changes follow. Outcomes range from a warning to stricter conditions, placement or confinement.

Most people facing a probation violation already went through one juvenile case and thought the hardest part was over. Now a phone call from the probation officer, or a child held again in juvenile hall, has brought the court back into the family's life. The questions are urgent and specific: will my child come home, what will the judge do, and does this undo the progress made so far? This page walks through how violation cases generally move, using California's rules as the worked example and noting where other states differ.

What Juvenile Probation Is and How a Violation Is Defined

Juvenile probation is a disposition, the juvenile court's term for the order it makes after finding the allegations in a petition true. A petition is the formal charging paper in juvenile court, and the finding that its allegations are true is called adjudication. Juvenile courts use these words instead of the adult terms "conviction" and "sentence," as the OJJDP case flow overview notes.

In California, Welf. & Inst. Code § 602 generally places within the juvenile court's jurisdiction a minor who was between 12 and 17, inclusive, when violating a law, except as § 707 provides. A separate part of § 602 covers a minor under 12, but only for certain serious offenses, including murder and forcible rape. In either case, the court may make the minor a ward of the court, meaning the court takes legal responsibility for supervising the child.

The court sets the conditions of probation. They commonly include meeting with a probation officer, attending school, a curfew, drug testing or counseling, community service, restitution and no-contact orders. Our overview of how juvenile probation works covers these in more depth.

A violation comes in two forms:

  • Technical violation: breaking a condition, such as missing a check-in.
  • New-offense violation: an arrest or charge for a new act.

The probation officer, not the police, typically starts the violation process with a report to the court. Ages, conditions and procedures differ from state to state.

What Happens After a Probation Violation Is Reported

The probation officer's first decision is whether to recommend that the child be held or released while the case is pending. In California, Welf. & Inst. Code § 628 requires the probation officer to release a minor in custody to a parent, guardian or responsible relative unless continuing in the home is contrary to the minor's welfare and at least one condition exists: detention is urgently needed to protect the minor or reasonably needed to protect another person or property, the minor is likely to flee, or the minor has violated a juvenile court order. For a family dealing with a probation violation, that last condition is the one most likely to come up.

California's deadlines are short:

  • Filing deadline: Under § 631, a minor in custody generally must be released within 48 hours, excluding nonjudicial days, unless a petition or a criminal complaint is filed in that time.
  • Detention hearing deadline: Under § 632, a detained minor must be brought before a juvenile court judge or referee for a detention hearing as soon as possible, and no later than the end of the next judicial day after the petition is filed. A minor not brought before the court in time must be released.

At the detention hearing, § 635 directs the court to hear relevant evidence the minor, parent or counsel wants to present and to release the minor unless one of the detention grounds applies. Under § 636, a detention order may last no more than 15 judicial days. Both sections also say that a child who lives in a different county from where the offense occurred must be given the same consideration for release on home supervision, which may include electronic monitoring, as a child who lives locally. In plain terms, where the family lives cannot by itself keep the child from being considered for home supervision.

A violation hearing, sometimes called a revocation hearing, follows. The judge decides whether the violation occurred. The standard of proof at that hearing is set by each state's law and varies by state.

Possible Outcomes at a Probation Violation Hearing

Finding a violation does not dictate one result. Juvenile courts generally have a range of responses:

  • a warning or no change;
  • modified conditions, such as a stricter curfew, added community service or counseling;
  • a longer probation term;
  • placement in a group home or residential program;
  • short-term detention; and
  • at the far end, commitment to a secure facility.

The OJJDP case flow overview describes probation orders that add requirements such as drug counseling, weekend confinement in the local detention center and restitution, and residential placements that may be secure or more open and home-like.

A parent waiting on this hearing is often trying to guess what the judge will weigh. Courts generally look at the nature of the violation, the minor's history and the progress the minor has made on probation. A missed appointment and a new arrest are not treated the same way.

In California, the Division of Juvenile Justice no longer operates, and no current case is sent there. This page does not go into which secure options remain or what a court must find before using them. Our page on California juvenile probation explains how probation and wardship are structured there, and our page on the juvenile disposition hearing covers how courts choose among dispositions.

A new-offense violation can also bring a separate petition, starting its own adjudication process alongside the probation hearing. Whether any outcome follows in a given case depends on the facts and the court.

Transfer to Adult Court After a Probation Violation

Can a probation violation send a child's case to adult court? A technical violation alone is a breach of a court order, not a new offense, so it is a new serious offense that most often raises transfer. In California, transfer happens only through a motion and a hearing under Welf. & Inst. Code § 707.

Under § 707(a), the district attorney may move to transfer a case only in two situations:

  • an offense alleged to have occurred when the minor was 16 or older, if it is an offense listed in § 707(b) or any other felony; or
  • a § 707(b) offense alleged to have occurred when the person was 14 or 15, if the person was not apprehended before the end of juvenile court jurisdiction.

The motion must be made before jeopardy attaches, and the court orders a probation report on the minor's behavioral patterns and social history.

The court may order transfer only if it finds by clear and convincing evidence that the minor is not amenable to rehabilitation while under the juvenile court's jurisdiction, and it must state its reasons in the order. Any plea to the petition is postponed until the transfer hearing ends.

These ages and offense lists are California's rule. The OJJDP case flow overview notes that other states use different routes, some of which place certain cases in criminal court from the start. The transfer hearing is a consequential stage of a juvenile case, and our page on juvenile transfer hearings explains it further. No attorney can promise that a transfer will not be ordered.

Record Sealing After a Probation Violation

A sustained violation becomes part of the juvenile record, and it can matter later when the question of sealing comes up. Sealing means the court orders the records closed, so that the case is treated as not having occurred. A juvenile record does not disappear, and it is not sealed automatically at 18.

California has two main routes.

Sealing after completing probation (§ 786). Under Welf. & Inst. Code § 786, when a ward satisfactorily completes an informal program of supervision, probation under § 725 or a term of probation, the court shall dismiss the petition and seal the records. Satisfactory completion means 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 within the person's capacity. A violation finding can bear directly on that test.

Section 786(d) adds an exception. The court shall not seal or dismiss under § 786 if the petition was sustained on a § 707(b) offense that took place when the person was 14 or older, unless that finding was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b).

Petitioning for sealing later (§ 781). Under § 781, a person may petition for sealing five years or more after juvenile court jurisdiction ends, or at any time after turning 18. The court orders sealing only if it finds no felony conviction or misdemeanor involving moral turpitude since jurisdiction ended and that rehabilitation has been attained to its satisfaction. For a § 707(b) offense after age 14 that resulted in wardship, a petition may be filed or considered only in the circumstances § 781(a)(1)(D) lists.

School, employment, immigration and other consequences can follow a juvenile record. Those depend on rules this page does not cover.

What a Juvenile Defense Attorney Does at a Probation Violation Hearing

Juvenile proceedings recognize a minor's right to be represented, and each stage of a violation case gives a juvenile defense attorney something concrete to do.

At the detention hearing. Because counsel may present evidence at this hearing, as described above, an attorney can argue that none of the detention grounds applies, or for release on home supervision.

At the violation hearing. An attorney for a minor charged with a probation violation can question whether the condition was clearly stated to the child and whether the evidence actually shows the violation alleged. The attorney can also present mitigating circumstances, such as school progress or a reason a check-in was missed, and argue for the least restrictive response the court has. Our page on whether juvenile charges can be dismissed covers related outcomes.

If a transfer motion is filed. The attorney's work turns to the § 707 question of amenability to rehabilitation, presenting evidence the minor may wish to submit.

At each of these points, the role of our juvenile defense attorney is to make sure the court hears the child's side. No attorney can promise how a judge will rule.

If You'd Like to Talk Through Your Child's Violation Case

A probation violation moves quickly, and the detention hearing, the violation hearing and any transfer motion each turn on different questions. A consultation with our attorney can cover the violation alleged, whether the child is detained, the hearing dates already set and the stage the case has reached. This page does not cover the rules of states other than California, school discipline or immigration law. To talk with our juvenile defense attorney, request a consultation about a child's juvenile case through Juvenile Justice Defense Group.