Juvenile Division Frequently Asked Questions
What does Probation do to prevent delinquent juveniles from entering the juvenile justice system?
Probation uses several programs designed to divert the less serious offender from formal court action when community's safety is not in jeopardy. Some of diversion include Youth Accountability Boards, Informal Probation, and a variety other supervision keep youngsters out trouble including family counseling, parenting classes, substance abuse gang awareness, truancy court, mental health, referral, mentoring program restorative justice skill-building activities.How does a youngster come to the attention of the Probation Department and Juvenile Court?
Contact begins with a referral from law enforcement agency. Juveniles accused of committing crimes may be referred to Probation by law enforcement agencies. The behavior may range from very minor law violations to murder. Probation officers interview the minors and their families and decide whether court intervention is necessary. If the situation is serious, a petition will be filed with the court; if not, the matter may be handled informally.What happens to juveniles when they enter the juvenile justice system?
After a juvenile has been arrested by a law enforcement officer and a decision has been made to book him/her into custody, a detention hearing is held before a judge within 2-3 days to determine whether he/she should continue to be held. There are different modes of custody, depending on the juvenile's past record and the severity of the crime: Juvenile Hall is a locked detention facility for youth awaiting court hearings, placement, or other dispositions including assessment or short-term incarceration. All such decisions are made by the court. Wards may be committed to Juvenile Hall for short stays as part of a sanction for delinquent behavior.How long will a minor be held in Juvenile Hall? What happens during that time?
Average length of stay for a juvenile in detention is 24 days. Occasionally, wards awaiting placement out-of-home facilities, such as foster homes, group homes or the Department Justice, trial adult court, may be custody several months. School, recreation, exercise, and work programs are provided. Medical staff on duty available hours day, psychologists, psychiatrists, other mental health professionals required. Probation officers interview detainees before court hearings to obtain information reports recommendations supervision treatment plans.What happens after a juvenile becomes a court ward?
The judge has a number of options. minor could be placed under probation supervision with certain conditions to followed, such as paying restitution and performing community service. Each case is different; circumstances vary for minor. Youngsters may supervised in specialized caseloads.JUVENILE JUSTICE SYSTEM AND JUVENILE DETENTION
Juvenile Court Information for ParentsMy child came home after being arrested. What will happen now?
Your county's probation department will probably get in touch with you and ask your child to come in for a meeting with a probation officer. You will receive a Notice to Appear (a specific date and time you must show up at the probation department). In very serious cases, your child may receive a Notice to Appear directly in juvenile court.My child was arrested and taken into custody. What can the arresting officer do?
The officer may do one of the following: The officer can either cite and release your child back into your custody, or, if the alleged offense is a felony or any violent misdemeanor, lodge your child in juvenile hall.If we get the Notice to Appear, what will happen at the meeting with the probation officer? What should I do?
If your child doesn't already have a lawyer, contact the public defender for advice. The following may occur at the meeting: Your child will be advised of his/her right against self-incrimination and both you and your child will be asked a battery of questions relevant to the alleged offense. Other personal data will be collected and a short summary report will be prepared. This report may be forwarded to the District Attorney if further legal action is necessary.Do I need a lawyer?
No, not usually.Does my child need a lawyer?
Yes and your child has a right to a lawyer who is both effective and prepared. The court will appoint a public defender unless you get a private attorney.My child's probation officer told me that the district attorney will be filing a petition. What does mean?
A petition asks the court to become involved in your child's life. The petition describes what the state believes your child did. Later, a judge will decide if what the petition states is true. There are two (2) types of petitions. They are named after numbered sections of California Law: 601 Petitions> A 601 Welfare and Institutions Code petition is filed by the District Attorney's Office usually states that minor has run away, truanted school, violated curfew, or regularly disobeyed his her parents. These violations are against law because child minor. If court finds true, youth becomes ward of known as "status offender." 602 Petitions> A 602 Welfare and Institutions Code petition is filed by the district attorney's office in instances when a minor has committed an act that would be considered a crime if an adult had done it. If the court finds the facts stated in the petition to be true the minor becomes a "ward" of the court as a delinquent.What will happen if my child is taken to juvenile hall after the arrest?
It is up to the court to decide whether or not to keep your child in custody. The probation officer will make a recommendation to the court regarding custody depending on the following factors: 1. Severity of the offense 2. Prior record 3. Protection of your child 4. Protection of the community 5. Flight risk How longCould my child be locked up in juvenile hall?
At the detention hearing, the judge could decide your child must be kept in juvenile hall until the date the judge "sentences" your child. In juvenile court, this is called the "dispositional hearing. Your child could be locked up between the detention hearing and the dispositional hearing for a couple months or maybe longer.Can I visit my child in juvenile hall?
Yes, under the following provisions:JUVENILE HALL VISITING INFORMATION AND RULES
To visit, you must be on the minor's list of approved visitors. Section 207.5 Welfare & Institutions Code makes it a misdemeanor misrepresent oneself secure admission premises or grounds juvenile hall, home, ranch, camp, gain access any minor detained therein. The following persons may placed that visiting and they will permitted visit only after provide proper identification:How soon can I visit my child?
A first visit is allowed with your child within 24 hours of he or she being detained.What is the role of the probation officer?
If your child is on probation, the probation officer will enforce the court's orders. This means monitoring your child to make sure he or she follows the law and the terms of probation, and encouraging your child's positive involvement in school, employment training, counseling, and community programs. Depending on the situation, the probation officer could visit your child as often as twice a week or as little as once a month. If your child is in custody, the probation officer's job is to find an appropriate placement for your child. This could be in a county-based or private institution. The probation officer is also responsible for writing a report to the juvenile court judge about your child. The report tells the judge what the probation department thinks would be best for your child if the judge finds that your child committed the crime. The report also includes your child's prior arrest record; a statement of the current offense; and statements from your child, his or her family, and other people who know your child well; a school report; and a statement by the victim. The probation officer presents this report at the dispositional hearing.Can I ask that my child be in the dependency court rather than the delinquency court as an abused or neglected child?
Yes. For more information, read the booklets, "The Dependency Court: How it Works" (Form JV-055) and "Information for Parents" (JV-050).How will my child or I find out about the court hearings?
You should get the petition and notice of the hearing, personally or by certified mail, as soon as possible after the petition is filed and at least five (5) days before the hearing. If the hearing is less than five (5) days after the petition is filed, you will get notice at least 24 hours before the hearing. Your child has the right to get notice if he or she is at least eight (8) years old. If your child is not in custody, you should get notice of the petition and hearing personally or by first-class mail at least ten (10) calendar days before the hearing.What hearings will my child go to in juvenile court?
There are five types of hearings:1. Detention Hearing, Court determines if child should remain detained in Juvenile Hall
2. Detention Re-Hearing, Further examination of the elements of the alleged crime
3. Pre-Trial Hearing – Discussion between your attorney and the District Attorney on whether to
4. Juris Hearing – Court Trial
5. Disposition Hearing – Sentencing
If your child is in custody, the following hearings may apply:- Detention Hearing
- Detention Re-Hearing
If your child is out of custody, the following hearing may apply:
- First Hearing – arraignment on charges against your child and setting of a pre-trial
- Juris Hearing
- Dispositional Hearing
When can my child be tried as an adult?
For some felonies your child can be tried and sentenced as an adult if he or she is at least 14 years old. The case would moved to court. There are major differences between juvenile criminal court procedures philosophies. will adult, it extremely important talk child's attorney about all of very serious consequences situation. The district attorney will present state's case against your child. Then public defender (or child's private attorney) case. Based on this evidence, judge rules whether child has committed acts he or she is accused of. If makes a "true finding, means there enough evidence for to find that did commit acts. After schedules dispositional hearing decide where go. not act of, be dismissed. in custody, released. What will happen at the dispositional hearing? The district attorney will present state's case against your child. Then public defender (or child's private attorney) case. Based on this evidence, judge rules whether child has committed acts he or she is accused of. If makes a "true finding, means there enough evidence for to find that did commit acts. After schedules dispositional hearing decide where go. not act of, be dismissed. in custody, released. The judge will place your child on probation subject to one of following:- wardship
- wardship probation, including placement in: