A Parent's Guide to Juvenile Court in the United States

Juvenile court is a separate court system for young people accused of breaking the law. A case can move from arrest or referral to a petition, a detention hearing if the child is held, a hearing on the facts, and a disposition. Each state sets its own ages, deadlines, transfer rules and sealing rules.

A parent or guardian facing juvenile court for the first time may have received an unexpected phone call. A child has been questioned, arrested or held overnight, and now there are words like "petition" and "detention hearing" that nobody has explained. Above all, they want to know what happens next and what it could mean for their child's schooling and future. This guide walks through each stage in order. Where a specific rule helps, it uses California's law as the worked example and says so each time, because other states set their own rules.

How Juvenile Court Differs from Adult Criminal Court

Juvenile court uses its own vocabulary. The case opens with a petition, the charging document in juvenile court, not a criminal complaint. The facts are decided at an adjudication or jurisdiction hearing, the fact-finding stage. The outcome is a disposition, not a sentence. A minor placed under the court's ongoing supervision is a ward of the court.

A juvenile adjudication is not a conviction.

The ages juvenile court covers differ from state to state. In California, Welf. & Inst. Code § 602 places a minor aged 12 through 17 at the time of an alleged offense within juvenile court jurisdiction, except as § 707 provides. Children under 12 are covered only for certain listed offenses: murder and forcible rape, sodomy, oral copulation or sexual penetration.

Constitutional due-process protections apply in some juvenile proceedings. The decision that addressed them, In re Gault, 387 U.S. 1 (1967), is discussed in the section on the right to an attorney below.

How a Juvenile Case Begins: Arrest, Referral, and the Petition

A case can begin when police refer a minor to the probation department or the prosecutor. From there, the case can go toward diversion, meaning an alternative to formal court proceedings that is resolved without a petition. It can go toward informal supervision. Or a formal petition can be filed.

Not every arrest leads to a petition. Diversion eligibility varies by state and by the nature of the alleged offense.

California's rules show how screening works there. Under Welf. & Inst. Code § 628, when a minor in temporary custody is delivered to the probation officer, the officer must immediately investigate the circumstances. The officer must then immediately release the minor to a parent, guardian or responsible relative. The exception is where the evidence shows that staying home is contrary to the minor's welfare and at least one of three conditions exists:

• 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.

California law also provides for diversion or supervision programs that probation or the prosecutor can refer a minor to instead of filing a petition. The juvenile arrest page covers these first hours in more detail.

Detention: What Happens When a Minor Is Held

Detention means a minor is held in juvenile hall or a similar facility rather than released home while the case moves forward. The grounds for detention differ by state.

Under California's rules, a minor in custody generally must be released within 48 hours, excluding nonjudicial days, unless a petition or a criminal complaint is filed within that time. This rule is in Welf. & Inst. Code § 631. It does not apply where the minor willfully misrepresents being 18 or older. Narrower rules apply to certain warrantless arrests for nonviolent misdemeanors where the minor is not on probation or parole.

Once a petition is filed, a detained minor must generally be brought before a juvenile court judge or referee before the next judicial day ends. That first appearance is the detention hearing, where the court decides whether the minor stays detained or goes home, and on what terms. California's § 632 sets this timing, and it requires release if the deadline is missed.

At the hearing, under § 635, the court examines the minor and the parent or guardian. It hears evidence they or counsel present. It then orders release unless one of these grounds appears:

• the minor violated a court order;
• the minor escaped a juvenile court commitment;
• detention is urgently or reasonably necessary for protection; or
• the minor is likely to flee.

The court must also order release unless a prima facie showing, meaning initial evidence, has been made that the minor is a person described in § 601 or § 602. Under § 636, a detention order lasts no more than 15 judicial days and must include findings of fact.

California also allows home supervision: release home under conditions, which may include electronic monitoring. A minor must be given equal consideration for release on home supervision regardless of whether the minor lives in the county where the offense occurred. Other states set their own timelines, criteria and parent-notice rules.

The Right to an Attorney and What Happens at the First Hearing

In re Gault, 387 U.S. 1 (1967), rests on the Due Process Clause of the Fourteenth Amendment. In proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed, it addressed four protections:

• notice of the charges;
• the right to counsel;
• the right to confront witnesses; and
• the privilege against self-incrimination.

In those proceedings, Gault held that the child and the child's parents must 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. How each state provides appointed counsel varies.

For a detained minor, the first court appearance after a petition is filed is the detention hearing described above (§ 632).

In California, the juvenile court may issue a citation directing a parent, guardian, or foster parent to appear at the time and place set for a hearing (Welf. & Inst. Code § 661(a)).

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

The jurisdiction hearing, also called the adjudication hearing, is where the court decides whether the facts alleged in the petition are true.

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.

McKeiver v. Pennsylvania, 403 U.S. 528 (1971), held that trial by jury in the juvenile court's adjudicative stage is not a constitutional requirement.

If the court finds the petition true, the petition is "sustained" and the minor is adjudicated, not convicted. In California, the court may then adjudge the minor a ward of the court under Welf. & Inst. Code § 602. Under California law, if the petition is not sustained, it is dismissed.

Disposition: What the Court Can Order

The disposition is the court's decision about what happens after a petition is sustained. In California, the court receives the probation officer's social study before deciding (Welf. & Inst. Code § 706).

Dispositions can range from probation to placement outside the home to commitment to a secure facility. The names and options vary by state. Probation is court-supervised release with conditions the minor must meet.

In California, the statutes refer to informal supervision programs and to probation under § 725. California's Division of Juvenile Justice no longer operates, so commitment to it is not a current option. Any official page that still mentions it predates its closure. Which secure placements a California court can order today depends on current statutes this page does not detail. The California juvenile court process page follows the state's stages from start to finish.

Transfer to Adult Court: When and How It Can Happen

A transfer hearing is where a court considers whether a minor's case should move to adult criminal court. If a minor is transferred, adult court rules and adult consequences apply.

California's rule is in Welf. & Inst. Code § 707, and transfer there requires a court decision. The prosecutor may move to transfer a minor who was 16 or older at the time of a felony, including any offense listed in § 707(b). A motion is also possible for someone who was 14 or 15 at the time of a listed offense but was not apprehended before juvenile court jurisdiction ended. In either case, the motion must be made before jeopardy attaches.

The court then orders a probation report on the minor's behavioral patterns and social history. That report includes any statement offered by the victim. To transfer, the court must find by clear and convincing evidence that the minor is not amenable to rehabilitation in juvenile court, weighing criteria set out in the statute.

Each state sets its own factors and mechanisms. The juvenile transfer page explains these differences further.

Questioning by Police: What the Law Requires Before a Minor Is Interrogated

Miranda v. Arizona, 384 U.S. 436 (1966), requires warnings before custodial interrogation, and it applies to minors as well as adults. Beyond that, the rules on questioning minors vary by state.

California's worked example is Welf. & Inst. Code § 625.6, which states:

"Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived."

When deciding whether a youth's statements can be used, a California court must consider any failure to comply with this rule. It must also weigh a willful violation in judging the officer's credibility.

The section does not govern admissibility where both of two conditions are met. First, the officer reasonably believed the information was necessary to protect life or property from an imminent threat. Second, the officer's questions were limited to what was reasonably necessary to get that information. The section also does not apply to probation officers in the normal performance of certain listed duties.

Sealing a Juvenile Record: What It Means and When It Can Happen

Sealing is a legal process that closes a juvenile record from view. A juvenile record is not erased or sealed automatically at 18. What sealing does depends on the governing statute.

California's sealing rules work in several ways:

• Petition to seal (§ 781). The person or the probation officer may petition to seal records five years after juvenile court jurisdiction ends, or at any time after the person turns 18. Where no petition was filed, the five years run from the citation or contact. The court must find no felony conviction or conviction for a misdemeanor involving moral turpitude since that time, and rehabilitation attained to its satisfaction. For an offense listed in § 707(b) that was committed after the person turned 14 and resulted in wardship, § 781(a)(1)(D) allows a petition only in the circumstances it lists, and such a record shall not be sealed if the person is required to register under Pen. Code § 290.008 (§ 781(a)(1)(F)).
• Completion of supervision or probation (§ 786). When a ward satisfactorily completes informal supervision under § 654.2, probation under § 725, or a term of probation, the court must dismiss the petition and seal the records. The arrest and proceedings are then deemed not to have occurred, and the person may answer inquiries from employers and schools accordingly. The court sets a later date for the sealed records to be destroyed. Under § 786(d), the court shall not seal a record or dismiss a petition under this section if the petition was sustained based on an offense listed in § 707(b) that was committed when the person 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 § 707(b).
• Completion of diversion (§ 786.5). When a minor satisfactorily completes a diversion or supervision program referred by probation or the prosecutor instead of a petition, the probation department must seal its records. It then notifies the arresting agency and the Department of Justice to seal theirs.
• Limited access after sealing (§ 787). Sealed records may still be accessed for data reporting, and by court-authorized researchers, without releasing personally identifying information.

School, college, financial aid and employment consequences can follow a juvenile case. Those depend on the facts and on rules this page does not cover. Immigration consequences are governed by immigration law this page does not cover.

What Varies by State: Age Limits, Diversion, and Other Key Differences

Where a case is pending matters as much as what is alleged. Several features of juvenile law differ most from state to state:

• Age limits. The ages a juvenile court covers differ from state to state.
• Diversion. Availability, eligibility and structure vary by state and by county.
• Transfer. Mechanisms and criteria vary.
• Sealing and expungement. Timelines, eligibility and effects differ.
• Jury trials. A jury is not constitutionally required at the adjudicative stage of juvenile court under McKeiver.

California's rules throughout this page are one example, not a universal standard. The national juvenile court process page lays out the general sequence.

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

Juvenile court moves in stages, and the rules at each stage depend on the state where the case is pending. This page explains how the process generally works. It does not cover the facts of any particular case.

Families who wish to discuss a case like this with an attorney can request a consultation about a child's juvenile case through Juvenile Justice Defense Group.