Even though society expects children to act innocently, sometimes they engage in delinquent acts or crimes like adults, resulting in criminal charges. Nevertheless, the law does not treat juvenile offenders like adult lawbreakers. The juvenile justice system focuses on educating, training, and rehabilitating juveniles into responsible citizens. Therefore, when the judge sustains a petition against your child for a crime, several rehabilitation options are available, including being sentenced as a ward of the court.

When the presiding judge goes for the wardship option, you will lose total control over the child as a parent. The court makes significant decisions about your minor, which will be challenging for both of you. Therefore, when the juvenile judge places your child under the wardship program, contact a criminal lawyer to understand your rights and possible consequences. We understand juvenile delinquency laws at the California Criminal Lawyer Group in Santa Ana. We will represent you in the hearing to increase the chances of a revocation of the court’s wardship decision.

Understanding Wardship

When a juvenile under eighteen engages in delinquent conduct or a crime, the juvenile court, not the adult criminal justice system, addresses the issue. The juvenile delinquency justice system emphasizes rehabilitation, education, and treatment more than punishment. This court gives children another chance unless they commit serious crimes listed under Welfare and Institution Code (WIC) 707(b).

WIC 725(b) is the statute that allows the presiding juvenile judge to adjudge your minor into wardship. Before the court places your juvenile under the wardship program, they consider several factors. The judge can declare your child a court ward if the following circumstances exist:

  • Your child has violated the law, not the ordinary curfew.
  • If the court confirms that you, the child’s parent, cannot offer the child education, training, and maintenance,
  • The juvenile has a delinquency record, and previous rehabilitation programs have failed.
  • Your child’s welfare will be better off if they are taken away from you.

When your child becomes a ward of the court, the judge makes all the decisions about what happens to the minor. The court can place the ward on supervised or unsupervised probation and allow them to remain in your home or commit them to the Division of Juvenile Justice (DJJ). Your child will face several implications for being a ward, so you should understand these options. At the California Criminal Lawyer Group in Santa Ana, we have explained the options the juvenile judge will offer the ward for sound decisions.

Wardship Implications

Before imposing wardship, the court considers your minor’s age, the offense’s circumstances, the delinquency record, and its severity. During the program, the court has complete treatment and control over the ward and determines what happens to the delinquent. The wardship lasts for the provided timeline of probation, awaiting the court’s further orders.

If the court places your juvenile on unsupervised probation, they will only adhere to probation conditions but will not be under a probation officer's (PO) control. Alternatively, the juvenile judge can put the ward on supervised probation or visitation. The option is available for delinquents who commit serious felonies listed under WIC 707(b), burglary crimes under Penal Code 459, and illegal possession of controlled substances outlined under the Health and Safety Code (HS) 11350(a). The court will do what is best for the child. Therefore, the child will be returned to your custody if you, the delinquent’s parent, do not live in the court’s jurisdiction.

Wardship Probation Requirements

During wardship probation, the ward must adhere to specific probation conditions. The requirements must be specific to the program's goals and the ward’s baseline petition. The program cultivates positive behavior in the child and discourages future criminal conduct.

The first probation condition the juvenile court will impose is compulsory school presence without breaching truancy statutes. Per the state’s truancy statute, every child aged six to eighteen must attend elementary, high, or middle school.

Similarly, the law requires wards to honor curfew law provisions. The judge imposes curfew laws on your child to discourage them from being outside or in public areas during particular hours. The presiding court will bar your juvenile from being outside past 10 p.m. on school days and in the middle of the night on weekends. However, the court has excuses for truancy violations. Your child can miss school under the following circumstances:

  • The ward is sick.
  • The ward has a medical, dental, or vision treatment appointment.
  • A health expert has instructed the delinquent not to attend school.
  • The minor must visit their home for a funeral.
  • The delinquent is attending a naturalization interview to become an American citizen.
  • The minor missed school due to valid reasons approved by the learning institution.

The juvenile court will not convict your child of being a truant if they are absent for these reasons.

Besides, the court expects the ward to abide by particular driving restrictions while on probation. California statutes give children driving privileges if they undergo the requisite training and education. Nevertheless, when the juvenile judge declares the delinquent a ward after committing a severe crime, it imposes strict driving restrictions.

Furthermore, the presiding judge will limit the people your child interacts with during probation. The limitations are imposed when the judge believes it is in the delinquent’s best interest to avoid particular companies, especially if they believe the ward engaged in the crime because of the people they interact with.

Lastly, if it is necessary to track the ward’s movements, the juvenile judge will order the delinquent to wear an electronic monitor gadget. Other probation conditions include mandatory counseling and a ban from gang-related activities.

Probation conditions are particular, and a violation attracts severe consequences. Infringing these conditions will trigger the prosecutor to bring a 777 motion against the ward. The judge then schedules a hearing to rule on the case.

Your child’s PO must prepare a comprehensive report and present it to the court, showing the ward’s performance while on probation. You need a lawyer to represent the ward in this hearing to provide evidence of compliance with probation conditions and to protect their rights. After the proceeding, the judge or PO can choose the following options:

  • Issue the ward a warning and allow them to continue with probation.
  • Impose additional programs on the ongoing probation.
  • Impose community labor for a specific duration.
  • Confine the offender to a juvenile facility.
  • Refer the child to a ranch or group home program.
  • The requirement to wear an ankle bracelet monitoring device.

If the child’s rehabilitation requires the input of all family members, the court can instruct that the entire family attend counseling sessions.

Even in wardship, your child has rights. When they are away from family or home, they need access to a computer and the internet. If in foster care, the ward is entitled to family visitations. Besides, during placement in an external facility, the PO must consider the ward’s gender.

Far From Home Placement

The other option the court has after adjudging your minor as a ward is placing them elsewhere, away from family, where they believe the child’s best interests will be taken care of. The judge takes the child offender away from your home if previous rehabilitation attempts when they were home have been unsuccessful. Besides, the presiding judge will remove your delinquent if they believe placing them in a suitable home elsewhere will be in the ward’s best interest.

Once the court decides, it is up to the PO to find an appropriate or suitable placement for the ward. The eligible homes provided under WIC 727 are:

  • Foster home or family.
  • A public or private institution.
  • A relative’s home.
  • A licensed community care home.
  • Group home.

All these placement options are known as foster care. When the presiding judge decides that a foster care appointment is best for the ward, they will send them to an unlocked facility far from home where their rights will not be infringed. The minor can stay with extended family or relatives. However, if the option is unavailable or will not be in the juvenile offender’s best interest, the court places the child in the care of a non-relative who will meet their needs. The juvenile can also be put in a certified care facility, a residential group, or a therapeutic home.

Before placing the child offender in foster care, the judge must have sufficient proof that:

  • You, the ward’s parent/guardian, have not provided the child with education, training, or
  • The ward is chronically truant, as they have missed more than 10% of their school days.
  • Previous rehabilitation attempts through probation while at home have been unsuccessful.
  • The minor’s welfare will be better off away from family or home.

An appropriate home placement proceeding is necessary after the court decides the delinquent should stay away from the household. The PO assigned to the case will present their social study report on the minor, including the victim's opinion of the child’s delinquency and the delinquent’s best placement. You and the offender’s lawyer will also give recommendations to the PO on the foster care you feel is suitable for your child.

Even though the PO makes recommendations, the court makes the final decision. The court can accept or decline the PO’s suggestions. If the juvenile judge is unsatisfied with the proposals, they will consider the supplementary placement options provided in the report.

The away-from-family placement option is temporary. The juvenile justice system will work to ensure your minor returns home. However, the young offender will stay away from family for a specific duration. The duration of placement depends on the child’s and parent’s needs, the risk the delinquent poses to society, and the span of the court-imposed treatment program.

Ward Confinement

Apart from probation at home or far from family, the presiding judge can confine the ward to a juvenile facility, forest ranch, or camp within their county. Physical confinement is not intended to punish but to rehabilitate or instill responsibility.

Confinement is an option if the child offender engages in a violent felony using a firearm. However, before deciding, the court orders a mental evaluation of the ward. If they have a mental illness, the juvenile judge will refer the offender to another program for sufficient treatment. Also, when controlled substances or alcohol are involved, the juvenile court will place the child in a private institute for specialized treatment.

The extent of confinement or commitment depends on whether your offense qualifies as a misdemeanor or felony. Sometimes the commitment duration is similar to the maximum sentence imposed on adult offenders in the adult court justice system.

DJJ Commitment

The DJJ treats junior offenders with sustained petitions for severe or violent felonies. Before the court commits the ward to the facility, they consider the following:

  • Public protection and safety.
  • The need to provide closure or redress the victim’s injuries.
  • The ward’s best interest.

Additionally, there must be sufficient proof that the ward will gain from the program, and less restrictive options like probation are unsuitable.

Court Fines, Fees, and Victim Restitution

Another option available for your juvenile in wardship is the payment of court fines. The court's financial court fines can be like those imposed for the same crime in criminal court. Nevertheless, the court should first establish if the ward can pay the court fine. If your child can afford the figure provided by the court, they will be ordered to spend it on top of the restitution fees to the victim. The court imposes a financial fine separate from the victim's restitution fees. 

The court orders a ward to pay restitution if their delinquent act had a victim who suffered economic or special damages from the crime. Therefore, when your minor causes property damage, injuries, or death, the presiding judge will order them to pay restitution to the affected parties. The payment seeks to compensate the alleged victim for:

  • Medical bills.
  • Stolen or destroyed property.
  • Lost wages or property by the said victim or their dependents.
  • Mental health issues.

If you are unhappy with the amount the court instructs your child to compensate the victim of their delinquency, you can speak to the ward’s lawyer to request a restitution hearing. The legal representative can dispute the court's amount and convince them to reduce it. Your child will not be paying the fees. You, the ward’s parent or guardian, are financially responsible for the fines and fees. You should prepare adequately for the restitution proceeding to reduce the amount you should pay the victim.

Before imposing the fine, the court considers your financial strength as the ward’s parent. Nevertheless, if you do not wish to help your child pay the restitution fees, you must demonstrate to the court the following:

  • You were not present in court in the proceedings leading to fees, fines, and compensation.
  • The court did not notice you before the sustained petition.
  • You cannot afford the fees.

The amount you will pay for your juvenile to the victim hinges on the severity of the crime. If the junior offender were placed in wardship because of a misdemeanor offense, the restitution would not exceed $100. Nevertheless, for a sustained felony petition, the ward will part with a fee of $100 to $1,000.

PO’s Duties

The probation officer supervising your child keeps the court updated on your minor’s progress. The report presented before the court in the disposition proceeding entails the following:

  • Your minor’s apprehension record.
  • The child’s school report.
  • Statements from the purported victims.
  • Information from the minor’s family or other parties that know the delinquent.

The PO enforces probation terms and ensures the ward adheres to them for the probationary period. The officer also assists the minor in enrolling in a school program like counseling. Besides, the supervisor must meet your child once a month.

If the child is to be taken away from family or home, the officer finds a suitable placement like a camp, foster care, or a relative’s house. Even if your child is taken away, you should help with rehabilitation through support.

Juvenile Delinquency Court Proceeding Resulting in Wardship

The juvenile delinquency justice system was formed to handle cases involving juvenile offenders. The scheme aims to turn delinquents younger than 18 into responsible citizens or adults. These delinquents undergo treatment and training to make them reproductive and prevent future crimes.

When apprehended, your juvenile stays in custody for five days before filing an official petition. While the child is being detained, the PO handling the case can choose the following:

  • Release the offender or continue holding them.
  • Place the child in a detention facility.
  • Allow the child to reunite with the family, but on the promise that they will report to court as planned.
  • Order the delinquent to remain in the juvenile hall.

Whatever the decision, the child will face the following hearings:

  1. Detention Proceeding

After the juvenile’s arrest, the detention hearing is the first court hearing. The hearing enables the judge to release the child if there is insufficient evidence to prove they engaged in a delinquent act. If the evidence is not concrete, your child’s lawyer can request a detention proceeding in three days to determine if they will go home or remain in custody until the case closes.

In this hearing, the judge reads the petition preferred against the minor. The child can then plead guilty or not guilty to the accusations. Once the petition is read, the judge can release or detain the juvenile in a facility or in-home care. There is no pretrial release on bail under this justice system.

  1. Pretrial Conference

The settlement or pretrial conference will solve the petition against your child before it goes to trial. If the two sides agree at this stage, the case closes. However, if the settlement is not reached at this phase, the petition goes to the next step, the motion hearing. At this phase, the court schedules specific dates for hearing various petitions.

  1. Transfer or Fitness Hearing

The fitness proceeding happens when your juvenile has committed a serious or violent felony, and a decision has to be made on whether they should be tried in juvenile or adult court. If your minor is over 14 and has committed an offense listed under WIC 707(b), they will face trial in adult court.

  1. Jurisdiction Hearing

The jurisdiction proceeding is like the trial in adult court. The judge listens to both parties to determine whether the alleged delinquent act happened. The prosecutor will present their proof and witnesses to demonstrate that your child violated the law. Your child’s lawyer, on the other hand, will give evidence and witness statements to counter the prosecutor’s proof.

The jurisdiction proceeding must happen within fifteen days if the court does not discharge your juvenile during the detention hearing. Nevertheless, if the child is free, the jurisdiction proceeding can wait even for thirty days.

It is worth understanding that these cases do not involve jurors. The judge hears the case and determines whether to sustain or dismiss the petition. If the court upholds the petition, the matter will proceed to disposition.

  1. Disposition Hearing

After the court finds your delinquent guilty of the alleged crime, they will decide on the rehabilitative measures to take at the disposition hearing. In juvenile delinquency, the court imposes a disposition and not a sentence like in criminal courts because the juvenile court focuses on rehabilitation, treatment, and training, not punishment. Therefore, before the court decides on the appropriate steps to make the minor a responsible adult, the case's PO must evaluate the child and give recommendations. The factors that will determine the disposition are:

  • Your juvenile's school and family history.
  • The minor's criminal record.
  • The alleged victim’s statement of the petition against the juvenile offender.

The impact of the disposition on the child’s future and well-being will also inform the court’s decision.

During disposition, the judge finds you a ward of the court and declares the following:

  • The child is to remain under home supervision for six months.
  • The court will hold a review proceeding to decide on the appropriate placement.
  • place the ward in a camp for probation.
  • Place the child on probation in foster care.

Navigating these procedures is challenging, so you must hire a defense lawyer to guide you and defend your juvenile offender’s rights.

Find the Right Juvenile Delinquency Lawyer Near Me

If the juvenile court declares your child a ward, you should understand its meaning and possible implications. At the California Criminal Lawyer Group in Santa Ana, we can explain these implications and assist you in navigating the process. Call us today at 714-844-4151 for a no-obligation meeting.