Juvenile Probation 101
- Frequently Asked QuestionsFrequently Asked Questions
- My Child Was ArrestedMy Child Was Arrested
- Court ProcessCourt Process
The youth will be transported to the Juvenile Detention and Assessment Center (JDAC), where they will complete the intake process with an Intake Probation Officer.
If a youth is booked into the JDAC, they will:
- Receive a medical assessment from a nurse.
- Be allowed two phone calls: one to their parent or guardian, and one to their attorney.
- Additional calls will be allowed if the youth is a parent.
- Complete the intake process with an Intake Probation Officer.
- The intake Probation Officer will notify the youth’s parents or guardian to inform them of the date, time and location of the detention hearing.
The first court appearance for a youth who has been arrested and detained. The purpose of this hearing is for the court to decide whether or not the youth is to remain in custody. This hearing must occur prior to the expiration of the next judicial day after the filing of a Juvenile Court Petition. The outcome is ultimately the decision of the judge. The youth could be detained, released forthwith or released on the House Arrest Program (HAP) with electronic monitoring. Also occurring at this hearing is the appointment of defense counsel and the entering of admission or denial to the allegations.
Also known as a prehearing. The first court appearance for a youth who is not detained. The court makes a determination that a youth comes under its jurisdiction based on age, legal residence and the alleged offense. Defense counsel is appointed and an admission or denial to the allegation(s) occurs. The court may order a Dispositional Report from the probation department and may make certain restrictions which will be noted on the Court Action Slip/Minute Order, such as no contact with victim, co-participants, etc. There may be additional court dates for your child to attend. These dates allow the court to be notified as to the status of the youth and their performance on probation.
A hearing which is scheduled for the district attorney and defense counsel to attempt to negotiate a plea.
Contested Jurisdictional Hearing: A trial; also known as a Juris. Youth are not entitled to jury trials, therefore, a judge or commissioner will hear all trials in juvenile court. The standard of proof is beyond a reasonable doubt.
Essentially the same as sentencing in adult court. Prior to disposition, the probation officer conducts an investigation and then submits a report to the court. The report includes circumstances of the offense, restitution, the youth’s statement, school information, statements of parents and other interested parties, and the probation officer’s evaluation or assessment of the youth. The report concludes with a recommendation to the court for a proposed disposition.
A future hearing to review the progress of the youth under probation supervision. This may be a Non-Appearance Review (NAR) where the youth does not have to be present during the hearing, or an Appearance Review (AR) where the youth is required to be present during the hearing.
The first court appearance for a youth who has been arrested and detained at a Juvenile Detention and Assessment Center. The purpose of the hearing is for the court to decide whether or not the youth is to remain in custody.
When a youth appears before the court following his/her detention for a new crime or probation violation.
Jurisdictional Hearing: Also known as a prehearing. The first court appearance for a youth who is not detained. The juvenile court makes a determination that a youth comes under its jurisdiction based on age, legal residence and the alleged offense.
A hearing which is scheduled for the District Attorney (DA) and defense counsel to attempt to negotiate a plea.
Dispositional Hearing: Prior to disposition, the probation officer conducts an investigation and then submits a dispositional report to the court. The report includes circumstances of the offense, the youth’s statement, school information, family information and and a recommendation to the Court. The Dispositional Hearing is the proceeding used to consider the dispositional report, recommendation and to impose court sanctions.
A hearing to review a youth’s progress or status under probation supervision.
W&I 707 or Fitness Hearing: A hearing where suitability for juvenile court is determined. Under certain circumstances, when charged with a serious or violent crime, a youth 14 years of age or older can be found unfit for juvenile court and may be tried in adult court.
When allegations are dismissed but subject to discussion in the dispositional report.
DISMISSED WITH PREJUDICE
Charges contained in a Juvenile Court petition that are dismissed and but cannot be re-filed.
WARD OF THE COURT
Any person who is under the age of 18 when he or she violated a criminal law, and receives a grant of formal probation.
WILLIE T. WAIVER
In a Willie T. Waiver, the Court orders a youth into placement and then stays that order, allowing the youth the opportunity to remain in the community with terms and conditions of probation for a period of 60-90 days. The youth waives the right to contest the placement order if the stay is lifted and the placement order is imposed.
In Juvenile Court, youth are not convicted of a crime, they are adjudicated.
The maximum term of physical confinement set by the court for the offense or offenses the youth is charged with.
When a ward of the court is removed from the home and ordered to reside in a rehabilitative program.