Juvenile court uses its own vocabulary because it is a separate system from adult criminal court. A petition is the document that starts a juvenile court case. A detention hearing decides whether a child stays in custody. An adjudication decides whether the allegations are true. A disposition is the court's order afterward. Sealing limits who can see the record later.
Juvenile court papers use words such as "ward," "sustained" and "home supervision," and the words can be hard to follow for a parent or guardian. This glossary defines the terms in the order a case usually moves. It uses California's rules as the worked example and says plainly where other states differ.
What Juvenile Court Is and Who It Covers
Juvenile court is a court, or a division of a court, that hears cases about young people accused of breaking the law. In California, Welf. & Inst. Code § 203 says that a proceeding in the juvenile court is not deemed a criminal proceeding, and § 202(b) says a minor under the court's jurisdiction because of delinquent conduct is to receive care, treatment and guidance that holds the minor accountable for their behavior; that guidance may include punishment consistent with the rehabilitative objectives of the chapter. How the court is organized and named differs from state to state.
A "minor" or "juvenile" generally means a person under 18. The exact ages a juvenile court covers vary by state. Cases about a minor accused of violating the law are called delinquency cases. That label separates them from cases about a parent's care of a child, which are a different kind of case and are not covered here.
Words matter in this system. When a juvenile court finds that a minor committed an offense, the finding is an adjudication, not a conviction; in California, Welf. & Inst. Code § 203 says an order adjudging a minor a ward of the juvenile court is not deemed a conviction of a crime for any purpose.
California is the example throughout this page. Under Welf. & Inst. Code § 602, a minor who was between 12 and 17 years old, inclusive, when he or she allegedly violated a state or federal law, or a local ordinance defining a crime, is generally within the juvenile court's jurisdiction. A curfew ordinance based only on age is excluded from § 602. A minor between 12 and 17 who violated such an ordinance, or who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor's parents, guardian or custodian, or is beyond their control, is within the juvenile court's jurisdiction under § 601 instead. Section 602 also covers a child under 12 alleged to have committed certain of the most serious offenses, including murder and forcible sex offenses. Section 602(a) begins "Except as provided in Section 707," so the rule for ages 12 to 17 is subject to the transfer rules in § 707. Other states set different ages.
How a Case Enters the Juvenile Justice System
A case can begin with contact with police. An officer may question a child, issue a citation or make an arrest. The officer can then make a referral, which means sending the case to the probation department or the prosecutor for review.
Intake is the next step. At intake, the probation department looks at the case and decides whether to release the child, handle the matter informally, or send it on for formal charges.
A petition is the formal document that starts a juvenile court case. It states the offense the minor is alleged to have committed. In California, a petition for a § 602 case is filed by the prosecuting attorney (Welf. & Inst. Code § 650(c)), and a petition under § 601 is filed by the probation officer (§ 650(a)). The petition is not called a criminal complaint. It also differs from the indictment or information that starts an adult felony case, because it asks the juvenile court to take jurisdiction over the child rather than to convict.
California's juvenile court law calls the child named in the petition "the minor," not "the defendant." In California, the petition asks the court to declare the minor a ward of the court under Welf. & Inst. Code § 602. Who makes the intake decision, and how fast it must happen, varies by state. The juvenile court process page walks through those steps in order.
Detention, Release, and the Detention Hearing
Detention means a minor is held in custody before the case is decided. It is temporary and is not a final result. Juvenile hall, called a detention center in some places, is the secure facility where a detained minor is held while hearings are pending.
California sets out each step in its statutes. When a minor is brought to the probation officer, Welf. & Inst. Code § 628 requires the officer to investigate right away. The officer must also immediately release the minor to a parent, legal guardian or responsible relative. The exception is when staying home is contrary to the minor's welfare and one of three conditions 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.
Under § 631, a minor generally must be released within 48 hours, not counting nonjudicial days, unless a petition or a criminal complaint is filed within that time. That rule does not apply if the minor willfully claimed to be 18 or older.
The detention hearing is where a judge or referee decides whether the minor stays in custody. Under § 632, it generally must take place before the end of the next judicial day after the petition is filed. For a minor 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 who is not currently on probation or parole, the deadline is 48 hours after being taken into custody, not counting nonjudicial days. A minor who is not brought before the court in time must be released. At the hearing, § 635 requires the court to order release unless the minor has violated an order of the juvenile court or escaped from a commitment of the juvenile court, detention is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of another person or property, or the minor is likely to flee to avoid the jurisdiction of the court. Release is also required unless a prima facie showing has been made, meaning enough evidence on its face, that the minor falls under § 601 or § 602. Under § 636(a), if the court finds that continuance in the home is contrary to the minor's welfare and one of those grounds applies, it may order the minor detained in juvenile hall or another suitable place designated by the juvenile court for a period not to exceed 15 judicial days.
Home supervision is an alternative to juvenile hall. The child goes home under probation's supervision; § 636 refers to home supervision under Section 628.1, which may include electronic monitoring pursuant to Section 628.2. Detention rules vary by state. The juvenile detention hearing page covers this hearing in more depth.
Diversion: Resolving a Case Before a Formal Hearing
Diversion resolves a case outside a formal court finding. It usually involves a program, counseling, community service or paying back losses.
There are two broad forms. In informal diversion, probation handles the case at intake and no petition is filed. In formal diversion, a petition is filed but put on hold while the minor completes a program. When the program is finished, the petition is typically dismissed, or it is never filed at all. In California the statutes call these programs of supervision: under Welf. & Inst. Code § 654, with the consent of the minor and the minor's parent or guardian, the probation officer may refer the minor to services in lieu of filing a petition, and under § 654.2, after the prosecuting attorney has filed a petition, the court may with the same consent continue any hearing on it for six months and order the minor to take part in a program of supervision; if the minor successfully completes it, the court shall order the petition dismissed.
California's record law reflects both routes. Under Welf. & Inst. Code § 786.5, the probation department must seal its records once a juvenile satisfactorily completes a diversion or supervision program. That applies whether probation or the prosecutor made the referral, and in either case the referral must have been made instead of filing a petition. Those programs include informal supervision under § 654.
Diversion is not available in every case. Eligibility depends on the offense, the minor's history and the rules where the case is pending. In California, Welf. & Inst. Code § 654.3 lists cases in which a minor is not eligible for a program of supervision under § 654 or § 654.2, such as a petition alleging an offense listed in § 707(b), except where the interests of justice call for an exception and the court states its reasons on the record. Completing a program can change what happens to the case, but the result depends on the program and the law that applies. Diversion programs and eligibility rules differ widely by state.
The Jurisdiction Hearing (Adjudication): What It Decides
The jurisdiction hearing, also called the adjudication hearing, is the juvenile court's version of a trial. California courts call it the jurisdiction hearing. At this hearing, a judge decides whether the facts alleged in the petition are true. In California, the petition rests on Welf. & Inst. Code § 602.
Whether a jury may hear a juvenile case depends on state law (see McKeiver v. Pennsylvania below). In California, § 701 requires proof beyond a reasonable doubt to support a finding that the minor is a person described by § 602, and a preponderance of the evidence to support a finding under § 601. The United States Supreme Court required proof beyond a reasonable doubt in In re Winship, 397 U.S. 358 (1970), where a juvenile was charged with an act that would be a crime if committed by an adult.
After hearing the evidence, the court makes a finding whether or not the minor is a person described by the section named in the petition (§ 702). That gives one of two results:
- Sustained petition: the court finds the allegations true. The minor is not called a convicted person, and the finding is not a conviction. It is an adjudication.
- Dismissed petition: the court finds the allegations were not proven, and the petition is dismissed.
For a parent sitting in the courtroom, it can help to know that "sustained" is a word used for a petition the court finds true. A sustained petition leads to the next stage: disposition.
Disposition: What Happens After the Court Sustains a Petition
The disposition hearing is where the court decides what happens after a petition is sustained. It does a similar job to adult sentencing but is not called sentencing. The court's order is the disposition, not a sentence.
A ward of the court is a minor placed under the court's ongoing supervision and authority. In California, the court may adjudge a minor a ward if it finds the minor is a person described by § 601 or § 602 (Welf. & Inst. Code § 725(b)). Being a ward does not by itself mean the child leaves home.
Probation is a disposition that keeps the minor in the community. The child must follow conditions the court sets, and a probation officer monitors them. In California, § 725(a) lets the court, without adjudging the minor a ward, place a minor on probation under the supervision of the probation officer for a period not to exceed six months, for an offense other than those in § 654.3; if the minor fails to comply with the conditions, the court may adjudge the minor a ward. The term informal probation also appears in § 654.2(c) alongside the programs of supervision described under diversion above. Other states use different names.
Commitment places a minor in a secure facility. California's Division of Juvenile Justice no longer operates, so any description of a commitment to it is out of date. The commitment options available now depend on current statute and the court.
Dispositions range from supervision at home to secure commitment. In a § 602 case, § 725.5 requires the court to consider, in addition to other relevant and material evidence, the minor's age, the circumstances and gravity of the offense and the minor's previous delinquent history. Options and their names vary by state.
Transfer to Adult Court: When and How It Happens
Transfer means moving a minor's case from juvenile court to adult criminal court. A transfer hearing is where a judge decides whether that move happens.
How a case reaches adult court differs from state to state. California's framework under Welf. & Inst. Code § 707 is a hearing in juvenile court, started when the prosecutor files a motion.
Under § 707, the prosecutor may move to transfer a minor in two situations:
- the minor is alleged to have committed, at 16 or older, an offense listed in the statute or any other felony; or
- the minor is alleged to have committed a listed offense at 14 or 15 but was not apprehended before juvenile court jurisdiction ended.
The motion must be made before jeopardy attaches, which roughly means before the jurisdiction hearing gets underway. The probation officer then prepares a report on the minor's behavior and social history. The report includes any statement offered by the victim. To order transfer, the court must find by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction. In making that decision, the court must consider five criteria the statute specifies.
If a transferred minor is convicted in adult court, the result is a conviction. That is one place where adult terms apply. See the California juvenile transfer guide for more.
Probation Conditions and the Probation Officer's Role
Probation conditions are the rules a minor must follow on probation, and the court sets them.
The probation officer is the official who monitors compliance and reports to the court. The same department plays two different roles at different points in a case. Early on, at intake, probation helps decide whether a case is filed, diverted or released, and in California it makes the first detention decision under § 628. After disposition, probation supervises the minor in the community.
A probation violation, sometimes called a VOP, is a finding that the minor did not follow a condition. A violation can lead to a new hearing and a more restrictive disposition.
Which conditions are imposed, and how violations are handled, vary by state and by court.
Sealing and Expungement: What Happens to the Record
A juvenile record is the official record of a minor's contact with the system, including arrests, petitions, hearings and dispositions. Sealing restricts access to that record. Expungement is a related word that does not appear in Welf. & Inst. Code §§ 781 and 786, which speak of sealing and, in some cases, destruction of sealed records.
A juvenile record does not disappear or seal automatically at 18. California's rules show why. Under Welf. & Inst. Code § 781, the person or the county probation officer may petition the court to seal records in two situations: five years or more after juvenile court jurisdiction ends, or at any time after the person turns 18. The court orders sealing if it finds that the person has not since been convicted of a felony or of a misdemeanor involving moral turpitude, and that rehabilitation has been attained to the court's satisfaction. For an offense listed in § 707(b) that was committed after the person turned 14 and resulted in wardship, a petition may be filed or considered only in the circumstances § 781(a)(1)(D) lists: the person has reached 18 and has completed any period of probation supervision imposed for that offense, or, if committed to the Division of Juvenile Facilities, has reached 21 and has completed probation supervision after release. Those limits do not apply if the court dismissed the offense or reduced it to a misdemeanor (§ 781(a)(1)(E)), and a record relating to such an offense for which the person is required to register under Penal Code § 290.008 shall not be sealed (§ 781(a)(1)(F)).
Under § 786, a minor who satisfactorily completes one of the following requires the court to dismiss the petition and seal the records:
- informal supervision under § 654.2;
- probation under § 725; or
- a term of probation for any offense.
Section 786(d) does not allow dismissal and sealing under § 786 if the petition was sustained based on an offense listed in § 707(b) committed when the individual was 14 or older, unless the finding on that offense was dismissed or reduced to a misdemeanor or to a lesser offense not listed in § 707(b). After that dismissal, the arrest and proceedings are deemed not to have occurred. The person may answer inquiries from employers and schools on that basis. If a record contains a sustained petition that makes the person ineligible to own or possess a firearm until 30 years of age under Penal Code § 29820, § 786(a) sets the date the sealed records are destroyed at the date the person turns 33.
Sealed records are not entirely closed. Section 787 allows limited access for required data reporting and court-approved research, but no personally identifying information may be released. Whether a particular case can be sealed depends on the offense and the facts.
A juvenile case can also affect school, employment and immigration. Those effects depend on rules this page does not cover, and immigration consequences are governed by immigration law this page does not cover. Sealing rules vary by state.
Rights in the Juvenile Court Process
Three United States Supreme Court decisions address a minor's rights in delinquency proceedings.
- In re Gault, 387 U.S. 1 (1967), concerned proceedings to determine delinquency which may result in commitment to an institution in which the juvenile's freedom is curtailed. In those proceedings the Court held that due process requires notice of the charges, notice of the right to counsel (with counsel appointed if the family cannot afford one), confrontation and cross-examination of witnesses, and the privilege against self-incrimination.
- In re Winship, 397 U.S. 358 (1970), required proof beyond a reasonable doubt where a juvenile is charged with an act that would be a crime if committed by an adult.
- McKeiver v. Pennsylvania, 403 U.S. 528 (1971), held that a trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding.
The right to counsel is the right to be represented by an attorney. In California, Welf. & Inst. Code § 634 says that when it appears to the court that the minor or the minor's parent or guardian desires counsel but is unable to afford and cannot for that reason employ counsel, the court may appoint counsel. In a case in which the minor is alleged to be a person described in § 601 or § 602, the court shall appoint counsel for the minor if the minor appears at the hearing without counsel, whether or not unable to afford counsel, unless there is an intelligent waiver of the right of counsel by the minor. Whether counsel is appointed, and how, depends, in other states, on that state's law. The privilege against self-incrimination means a minor cannot be forced to be a witness against himself or herself.
California adds a specific rule about questioning. Under Welf. & Inst. Code § 625.6, a youth 17 or younger must consult with legal counsel before a custodial interrogation and before waiving Miranda rights. The consultation can happen in person, by phone or by video conference, and it cannot be waived. Courts must consider whether this rule was followed when deciding whether the youth's statements can be used as evidence.
The rule has exceptions. It does not apply when an officer reasonably believed the information was needed to protect life or property from an imminent threat and asked only the questions reasonably needed to get it. It also does not require probation officers to comply while doing certain routine duties.
The scope of these rights, and rules on appointed counsel, vary by state.
If You'd Like to Talk Through Your Child's Case
Knowing the words is a start, but each term above turns on facts. Whether a detention hearing has been set, which petition was filed, whether transfer has been raised and what stage the case has reached all depend on the case itself. This page explains terms in general and does not cover any particular case or every state's rules.
To discuss a case like this with an attorney, request a consultation about a child's juvenile case through Juvenile Justice Defense Group.