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The Juvenile Court Process

Click on a question below:

How will we find out about the first court hearings?

What hearings will my child have in juvenile court?

What happens at the jurisdiction hearing?

What happens at the disposition hearing?

Can I go to the hearings?

Can I talk at the hearings?

Can I have an interpreter?

Can the victim go to the disposition hearing?

How will we find out about the first court hearings?
You will get the "petition" and a "notice" that tells you about the hearing.

If your child is 8 years old or older, he or she will also get a notice.

If your child is locked up, you will get the notice at least 5 days before the hearing.

If your child isn't locked up, you'll get the petition and a notice at least 10 days before the hearing.

If the hearing is less than 5 days after the petition is filed, you will get the notice at least 24 hours before the hearing.

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What hearings will my child have in juvenile court?
There are 7 types of hearings:

1. Detention Hearing
   If your child is locked up for more than 2 days, he or she will have a detention hearing within 3 court days. (A court day is a day the court is open.) The judge will decide if your child can go home before the next hearing.
2. The Pretrial or Settlement Conference
   In many counties, there is a court date to try to solve the problem without a trial.
3. Hearings on Motions
   These are court dates to work out different things. Motion hearings can come up any time during the case.
4. Fitness or Waiver Hearing
   This is a hearing to decide if your child will be tried as an adult. If the judge decides that your child is "unfit" for juvenile court, he or she will be tried in adult court. This won't happen if your child is under 14.
5. Jurisdiction Hearing
   This is when the judge decides if your child committed the crime.
6. Disposition Hearing
   If the judge decides your child committed the crime, there will be a disposition hearing to decide how to punish your child. This can be on the same day as the jurisdiction hearing.

   If the judge says your child did not commit the crime, there will be no disposition hearing.

7. Review Hearings
   Sometimes there are hearings to see how your child is doing.

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What happens at the jurisdiction hearing?
Often a child will admit to doing some of what they are accused of. The lawyer will talk to your child about what he or she should say in court.

If there is a trial, the district attorney will make a case against your child. Then your child's lawyer will present the defense. The judge will then decide if your child did what he or she was accused of.

If there is enough evidence to find that your child did what he or she is accused of, the judge will make a "true finding." Then the judge will set a time for a disposition hearing to decide on your child's punishment. (The disposition hearing can be set for later on the same day as the jurisdiction hearing.)

If there is not enough evidence to say your child committed the crime, the case will be dismissed. If this happens, your child will be set free and released from lockup.

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What happens at the disposition hearing?
The judge can order one of 6 things:

1. Your child may be ordered to stay at home with probation supervision for up to 6 months.
2. Your child may be ordered to go home with formal supervision from a probation officer. The judge will set up the formal supervision.
3. Your child may be put on probation and have to live with a relative, in a group home, or in an institution.
4. Your child may be put on probation and sent to a probation camp or ranch.
5. Your child may be sent to the California Youth Authority (also called "CYA"). If your child is tried in adult court, he or she can be sent to the California Department of Corrections (also called "CDC"). See Can My Child Be Tried in Adult Court?
6. You may have to do things, like go to counseling or parent training.

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Can I go to the hearings?
Yes. In fact, you must go to the hearings.

The judge will decide what is best for your child. If you can prove to the court that your child listens to you and follows your rules, the judge may let your child go home with you.

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Can I talk at the hearings?
If the judge asks you questions or if you are a witness.

You can ask to talk to the judge. But the lawyer will speak for your child. The district attorney will speak for the state. The probation department can be a witness.

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Can I have an interpreter?
Your child has the right to have an interpreter. You may be able to have one, too. If you need an interpreter, ask the court for one before the hearing date. Click here to find the telephone number and location of your court.

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Can the victim go to the disposition hearing?
Yes. The victim can go to the hearing. The victim can also speak to the court at this hearing. The victim (and the parents if the victim is a child) will get a notice about the hearing.

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Last modified: 03/17/2008

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