Our juvenile branch handles juvenile delinquency and juvenile dependency cases. Juvenile Delinquency cases involve children accused of a criminal offense. Our office represents the children in these actions. Dependency cases arise where the child(ren)’s parents or guardians are accused of neglecting and/or abusing their children. Our office represents both parents and children in these actions.

To contact the Juvenile Branch, call 650-312-5396.

Juvenile Justice

Here is the general overview of the Juvenile Justice Court Process.

Arrest

The PDP provides an attorney to consult with the youth (17 or younger) prior to any custodial interrogation and before the waiver of any Miranda rights.

When a child is arrested for an alleged crime, the police officer has three options:

  • In limited cases, the officer can place the youth in a diversion program, thus avoiding the court process.
  • Cite and release the child to their parents/guardian with a promise to appear in court later.
  • Transport the child to be detained at the Youth Services Center (Juvenile Hall).

Youth Services Center (Juvenile Hall)

If a child is booked into Juvenile Hall, the Probation Department assesses whether to detain or release the child. If detained, the DA must file a petition within 48 hours (excluding court holidays and weekends).

Bail is not available in juvenile court. After charges have been filed, a judge will hold a detention hearing within 24 hours to decide whether to continue detention or release the child.

Detention Hearing

An attorney is appointed prior to the detention hearing. The attorney is present with the child at the detention hearing. The child is advised of their right, and the court schedules further hearings.

Pretrial Conference

The judge, DA, and defense attorney discuss the case and try to reach a resolution. If no agreement is reached, the case proceeds to a jurisdictional hearing.

Jurisdictional Hearing

Similar to a trial, but decided by a judge (no jury). If the allegations are not true, the case is dismissed. If they are found true, the case moves to a dispositional hearing.

Dispositional Hearing

This is similar to sentencing in adult court. The judge determines the outcome based on probation recommendations, evidence, and arguments by the defense and the prosecution. Outcomes depend on the offense, history, school performance, and more.

Juvenile Dependency

California’s dependency laws aim to protect children from abuse or neglect and reunify families when possible.

Juvenile dependency proceedings begin when YFS files a petition. Parents are served and notified of hearings. If a child is removed from home, a detention hearing must occur within two court dates.

Detention Hearing

The court appoints PDP attorneys for each parent and child. Attorneys may argue for returning the child home or placing them with relatives. The court then sets a jurisdictional hearing date (about three weeks later).

Jurisdictional and Dispositional Hearing

Attorneys prepare clients to admit or deny allegations. PDP has access to investigators, experts, and specialists. If allegations are found true, the court conducts a disposition hearing to determine if the child can return home and orders services aimed at reunification.

Review Hearings

The court holds review hearings to evaluate progress and evaluate the best placement.

366.26 Hearing

At a WIC 366.26 hearing, the court determines a permanent plan, which may include:

  • Adoption
  • Tribal Customary Adoption
  • Legal Guardianship
  • Placement with fit and willing relatives
  • Foster care (under 16)
  • APPLA (over 16)

Throughout all stages, PDP attorneys provide legal representation, support, and guidance to families navigating these complex matters.