Juvenile Probation Department (JPD)

JPD Process

JPD may use a foster or group home as a sentencing option for minors who have committed a crime that is serious enough to handle formally but does not warrant a more restrictive placement in a juvenile detention facility. The reasons for placement are often related to family conditions similar to those found in families served by the child welfare system.

Youths must be declared a “ward” of the court pursuant to WIC 602 before JPD becomes involved in placing the youth. When the judge makes a minor a “ward of the court” it means that the court is taking over primary responsibility for control and treatment of the minor. Placement services are required for youths whom the courts have ordered to be removed from their home and suitably placed in either group homes, or in relative or non-relative care.

Overview

Children who have committed criminal acts are brought into the delinquency division of the Juvenile Court. Almost all cases begin with the arrest by a police officer. If further action is desirable a report is submitted to the prosecuting attorney requesting that a petition be filed with the juvenile court. The Juvenile Probation Department or the District Attorney decides whether to file a petition, thereby alleging that a crime has been committed. If the prosecutor feels there is sufficient evidence, a petition is filed with the court.

Petition

The petition is the formal document that sets forth the specific act with which the juvenile is charged. Unless such a petition is filed, the juvenile may not be brought before the court, except to be released from detention.

Detention Hearing (for minors in custody)

If a minor is arrested and held in custody, the detention hearing is the first court hearing the minor will attend. Even if released on “home supervision” the minor is considered to be in custody and entitled to a detention hearing. At the Detention Hearing, the decision is made whether to release or detain the minor. The minor has Legal Counsel but there is no jury. The child is released unless there is a finding that a crime was committed by the child. If the child is detained, a Dispositional Hearing will be scheduled.

Arraignment Hearing (for minors out of custody)

If the minor is not in custody and there is no “detention issue” then the first court hearing is known as the arraignment. The judge will inform the minor of the charges and their rights and the minor will enter a plea to the allegations.

Fitness Hearing (in cases of 707(b) offenses)

In most cases, when a minor is accused of committing a crime in California the minor is adjudicated within the juvenile delinquency system. In serious cases, the law allows, and sometimes requires, that the minor be tried as an adult. If the prosecutor wants to charge a minor as an adult, the decision to allow the minor in juvenile court belongs to the Judge. The Fitness Hearing is held to determine if the youth’s case will remain in juvenile delinquency court or be transferred to adult court.

Jurisdiction/Adjudication (Trial Hearing)

In California juvenile delinquency court, a minor’s trial is called an adjudication hearing. Adjudication hearings are sometimes referred to as “Jurisdiction” hearings. The Jurisdictional Hearing is held within 15 court days after the Detention hearing if the minor remains at Juvenile Hall; or within 30 calendar days after the arrest, if the juvenile is not detained unless extended by the Court.

At this hearing the judge decides whether or not the minor violated a law. If the judge decides that the minor violated a law, the judge finds the allegations to be true and “sustains the petition” filed by the prosecutor. If the Judge agrees with the charges the Dispositional Hearing is set to determine sentencing.

Disposition Hearing (Sentencing Hearing)

When a judge sustains the petition against a minor (the minor is convicted of a crime), the minor is “sentenced” at a disposition hearing. Some of the disposition (sentencing) options open to the judge are:

• “home on probation”
• custody at a youth facility or camp (The Ranch)
• temporary or permanent placement in a foster home or
• commitment to the California Youth Authority (now know as Division of Juvenile Justice).

At the Dispositional Hearing, the PO recommends and the court decides whether the child should be released to the custody of his/her parent(s), placed in a Probation Department program, or placed in out-of-home foster care.

Placement Documentation

When a child is placed in the appropriate facility, the PO completes the necessary forms regarding the placement. The PO prepares in-house documentation along with all necessary forms and the requested documentation is forwarded to the JSC.

The JSC sends the completed packet, which includes the same set of documents as DFCS with the exception of the court documents (which are different), to the Foster Care Bureau.

• Minor commits a crime.
  • Minor can either remain in the family home or
  • be removed from their family home and made a ward of the court under the supervision of a probation officer.
• Police Officer/Sheriff can
  • warn minor or cite and release minor, or
  • detain or arrest minor which results in transporting the minor to juvenile hall.
• JPD can
  • make recommendations whether juvenile should be adjudicated in juvenile court or tried as an adult.
  • recommend placement options- home, foster care, county incarceration, or Youth Authority to juvenile court judges.
  • supervise juveniles in the community and in juvenile hall, ranches, and camps.
• JSC completes packets upon receipt from PO and forwards to FC Bureau for processing.

JPD Petitions

The following section contains information about the types of JPD petitions to consider when trying to establish AFDC linkage using the JPD petition date: original, amended, subsequent, supplemental, and probation violation.

Note: The chart below describes the JPD petition types for the FC EW to consider when trying to establish AFDC linkage:

 

If the filed petition is...	And the situation is...	Then the petition date to use to determine linkage is...
Original	Child removed from parent without an open petition,	Original
	Child is not removed from the home. Child remains with the parent and is removed at a later date without a petition being filed,	Original
Amended	Additional facts added to original petition,	Original
Subsequent	Child remains a Ward and is detained in parent’s home. Child commits new offenses and is removed,	Subsequent
Supplemental	Child remains a Ward and is detained in parent’s home. Child commits new offenses and is removed,	Supplemental
	Child remains a Ward and is in placement. Child runs away and Bench Warrant issued,	Original
Probation Violation	Child remains a Ward and detained in parent’s home. A petition is filed based on new facts and child removed,	Probation Violation
	Child remains a Ward. Child is in placement and violates a court order,	No action by the FC EW is required.

Related Topics

Authority for Placement