When a juvenile delinquency court finds that a minor has committed an offense, one of the steps it can take is to subject the juvenile to wardship in an attempt to rehabilitate and reform them. A minor being named a ward can be heartbreaking for any parent or guardian. That is because when that happens, the physical custody of the minor may be taken away from you as the parent for a long period, and you will have limited control and responsibility over them.

To prevent this from happening, you want to hire a competent juvenile delinquency lawyer for your child if they are facing charges. At California Criminal Lawyer Group, we have been helping our child clients in Fresno obtain the best outcome for their cases. We will assist your child in navigating their case so they avoid being subject to wardship. Call us for a free consultation if your child is arrested.

Ward Of The Court Overview

A child being subject to wardship after the juvenile delinquency court process is a serious matter. It means the court will primarily oversee the child's treatment, education, and control. Per WIC Section 725(b), a juvenile delinquency court may subject a minor offender to wardship if it determines that the youth violated a statute other than curfew terms and conditions. Other considerations in establishing whether a child offender should be subject to wardship include:

  • The juvenile’s age.
  • The gravity and circumstances of violations the minor perpetrated.
  • The juvenile's past criminal activity and record.

The juvenile court judge may direct that wardship run on for a given probation time or until the delinquency court issues further orders.

While a minor is subject to wardship, the court could restrict control of them by their parents. Wards could even be removed from their parents’ physical custody if the juvenile delinquency court judge finds that:

  • The parents cannot provide training, education, and maintenance.
  • The juvenile had been sentenced to probation and did not reform.
  • The juvenile’s welfare necessitates that custody be removed from their guardians or parents.

Wardship Options

The juvenile court’s wardship options range from sentencing the child to probation, where they remain at home with their parents, to placing them in the DJJ (Division of Juvenile Justice).

Unsupervised Probation

In particular cases, the judge will place the ward on probation minus the probation officer’s supervision. The judge imposes appropriate and reasonable probation terms on the juvenile. The judge will impose unsupervised probation if:

  • The child is a first-time offender.
  • The crime is not severe.
  • The minor’s teachers, guardians, and parents are supportive.

Unsupervised probation can last a maximum of six months.

Supervised Probation

Most juvenile offenses necessitate supervised visitation. The juvenile court judge can only impose supervised probation on a ward if the ward has committed these crimes:

  • Any violation described under WIC (Welfare and Institutions Code) 707(b).
  • Possession of regulated substances, for example, cocaine, peyote, opioids, or hallucinogens.
  • Burglary.

The judge could direct that a nonresident child offender be returned to their parent’s custody abroad. However, they will only make this order if it serves the juvenile’s best interests.

Probation Terms and Conditions

When the juvenile judge sentences a ward to probation, they will impose appropriate probationary terms and conditions. The probation conditions the court imposes must be connected to the violation the child committed and prohibit (or require) conduct reasonably connected to future criminal acts. These probation terms and conditions might include:

  • Not breaking California truancy statutes and attending school.
  • Maintaining curfew rules.
  • Adherence to car driving restrictions.
  • Restrictions on mingling with certain people.
  • Putting on a monitoring device.
  • Prohibition on any criminal street gang-related participation or activity.
  • The judge might also direct that the juvenile ward and their family enroll in a counseling program.

California laws require that every minor aged between six and eighteen attend school. The juveniles must attend the schools in their district, whether in high, middle, or elementary school. Per the law, a minor is deemed chronically truant once they miss over 10% of school yearly.

However, the same law allows various truancy excuses. The court judge, for example, excuses the juvenile from attending school if:

  • They have medical, vision, or dental treatment appointments.
  • They are ill.
  • The medical officer imposed a quarantine.
  • They need time to see their loved ones for a funeral.
  • The child wishes to start a naturalization course to change their citizenship and become a U.S. citizen.
  • The juvenile will serve on the precinct board during elections.
  • The minor wishes to spend time with their family member, taking part in military duties.
  • The child offender did not attend school due to justifiable reasons that the schools approved.

If the minor has sufficient evidence to fail to attend school, the juvenile judge will not designate them as a truant.

Placement Far From Home

In some instances, the judge will take the ward away from their home for fitting placement in another place. For the judge to do this, they must establish that probation at home failed and that taking the child from their parent's custody serves their best interest.

The department in charge of probation establishes appropriate placements. It might put the juvenile in a relative's home, a foster home, a public agency, or a private institution.

Foster Home Placement

Placing a juvenile in a foster home entails placing them in an institution outside their home. It involves having the juvenile live with foster parents in a certified care facility for a given period. More placement options include therapeutic programs and residential group homes.

Once a child is named a ward, the juvenile court assumes responsibility regarding their custody. It will decide on the juvenile’s conduct, care, supervision, maintenance, and support. Regarding the juvenile’s health, the juvenile court makes crucial decisions about medical treatments. Before the judge orders the juvenile to a foster home, they consider various factors, including whether:

  • The juvenile requires additional monitoring.
  • The minor's parents do not provide proper training, guidance, and education.
  • The child's best interests are to be placed far away from the physical custody of their parents.
  • The juvenile was sentenced to probation in their guardian’s or parent's home but never showed improvement.

Once the judge orders the juvenile away from their parents or guardian, the probation office will recommend an optional place for the juvenile to live. When selecting the ideal place, the department considers the juvenile and their parents’ recommendations.

Also, while selecting the ideal location, the probation office should choose a place with an environment where the juvenile will feel at home. The location should be less limiting and meet the juvenile's needs. To select the ideal placement option, the judge holds a hearing, during which they evaluate the results of the social study conducted on the minor by their probation officer. The juvenile judge will also consider evidence, such as the victim's impact statements.

Alternatively, the minor and their parents or guardians submit relevant evidence and any material during the proceeding. Additionally, the probation officer recommends the minor's placement. The court might decide not to agree with the recommendation.

Alternatives to Foster Home Placement

Apart from foster home placement, the court may place the child under the care and control of a relative. Juvenile judges prefer putting the juveniles with their relatives to taking them away from the people they know and committing them to various facilities.

After the judge places the juvenile with a relative, they will order the relative to act like their guardian. Therefore, the relative will be held responsible for making decisions that need legal consent. These decisions might include the juvenile’s education and medical care.

If putting the child under a relative's supervision is impossible, the delinquency court will place them in a certified foster facility or home treatment facility. Sometimes, the delinquency court may place the minor outside of the state.

Once the minor is fully rehabilitated, the court will return them to their parents. Remember, the placement period varies from child to child. When establishing the placement period, the judge considers various factors, including:

  • Whether the child will pose any danger to the public.
  • The child and their parents or guardian's needs.
  • Whether or not the minor has satisfactorily completed treatment courses.

Confining the Ward

If the ward does not perform as expected during their probation, the judge could order that they be confined. Here, the primary objective of confining the juvenile is not punishment. Confining the ward is a way of instilling responsibility in them.

If the youth perpetrated a violent felonious act while personally utilizing a gun, confining them is a must. And if the child has an acute mental problem, the judge could place them in a substitute treatment course. The juvenile might be physically detained by being placed in a camp or ranch, juvenile hall, forestry camp, DJJ institution, or secure juvenile home.

Most child offenders are placed in county amenities within their community. If a juvenile has mental, drug, or alcohol problems, they can be committed to a private amenity.

Regarding the commitment period, the juvenile court judge must establish whether the violation the child perpetrated is a misdemeanor or felony, which will determine the possible confinement period. The confinement period may be up to the maximum the law permits for a grownup subject to the same criminal conduct.

Commitment to DJJ Facilities

The DJJ provides rehab and treatment to juveniles who have perpetrated serious or violent felony offenses. In committing a juvenile ward at a DJJ facility, public organizations and courts must consider various factors, including:

  • The public’s protection or safety.
  • The juvenile’s best interest.
  • The value of redressing victim injuries.
  • The child’s education needs.
  • The offender’s age.
  • Individual risk needs.

Additionally, there should be evidence showing potential benefits to the ward and that less limiting alternatives are inappropriate or ineffective.

California juvenile delinquency courts only send child offenders to DJJ facilities if they are subject to wardship. Also, the court may commit the minor to DJJ facilities when they perpetuate offenses outlined under the Welfare and Institutions Code. When the juvenile court judge sends your child to a DJJ facility, they risk facing prolonged confinement.

Restitution, Fees, and Court Fines

The juvenile delinquency court judge could impose a court fine on the juvenile, which could be equivalent to what a similar adult offense carries. But before ordering the fine to be paid, the judge must verify that they have the monetary capability to pay it. The fine will be imposed to add to the victim restitution the judge orders the minor to pay, such as victim restitution and restitution fines.

Victim Restitution

If a victim of the ward's crime suffered economic damages, the judge would dictate that the ward pay the victim's restitution. In this scenario, a victim will include the victim’s immediate surviving family. It also entails any government body liable for replacing and repairing destroyed properties. Restitution may include payments for damaged and stolen property, medical costs, proceeds or income the supposed victim and their parents lost, and mental health services. The ward is entitled to restitution proceedings to challenge the restitution value.

Fines

Wards must pay restitution fines. The amount of this fine varies depending on the seriousness of the violation. For felony crimes, the fine will be between a hundred and a thousand dollars. For misdemeanor violations, the fine will not exceed a hundred dollars.

Financial Responsibilities of Parents

As mentioned, the judge may order that the ward pay restitution, a fine, and fees. The parents or guardians of the ward of the court are jointly liable for all fees, restitution, and fines the judge might order the child to pay. However, the court first looks at the parent’s capacity to pay these amounts. The guardians or parents have the burden of proving these facts:

  • Their incapacity to pay the amount and
  • Absence of notice of possible liability before the sustaining of the petition or
  • Absence during some hearings and any proceeding related to fees, restitution, or fines.

The Child's Rights During Wardship

Per California statutes, a child has certain legal rights, even when on probation or confined. Even though the judge imposes various probation conditions, these conditions must be reasonable. For one, they should center on the child's rehabilitation and reformation. Any probation term the judge imposes must:

  • Be related to non-criminal conduct.
  • Be linked to the juvenile’s violation.
  • Forbid or bar acts that could lead to future criminal conduct.

Other entitlements the juvenile enjoys after being labeled a ward include the following:

  • Computer and internet access—while the juvenile is away from home, they are entitled to computer and internet access. The probation officer will have violated the law if they deny the minor internet or computer access.
  • Family visitation—according to the law, once a child is placed in a foster home, their parents or guardians can visit them.
  • Gender identity—when the probation department commits the juvenile to an external facility, it must commit them per their gender.

Probation Officer Duties and Responsibilities

The probation officer informs the judge regarding the juvenile offender’s progress. The judge receives the officer’s report during the juvenile’s disposition proceedings. In their report, the probation officer must report about:

  • The child’s school report.
  • The juvenile’s arrest record.
  • Anything the department deems suitable for the child.
  • Any statement acquired from the supposed victims.
  • Statements from the minor’s family or other individuals who know the child offender.

The probation office enforces probationary terms by ensuring the juvenile complies. Additionally, they help the juvenile enroll in school and community programs such as counseling and job training.

The law necessitates that the probation officer meet with the child monthly. Additionally, probation officers are in charge of placing the juvenile in a foster home, camp, institution, or relative’s home. As a parent, if your child has been placed in another home, help and support them to understand how to be responsible.

Sealing Juvenile Delinquency Records

Once the minor is named a ward of the court, everyone will still view their delinquency records even after the case is over. Their records being accessible to the public can haunt the child in the days to come when applying for college admission or a job. Juvenile delinquency records include juvenile court files, reports, and orders.

After your minor has served their wardship period, do not assume their delinquency records will automatically be sealed. You want to seek a lawyer's help approaching the matter. After the records are sealed, the juvenile could honestly state to landlords, employers, public licensing bodies, and colleges that the authorities have never arrested them for an offense. Stating this when the child's records have not been sealed may lead to perjury charges.

Note that sealed records are not completely gone. Governmental organizations, such as the DMV, can access these sealed records. For example, the DMV will allow insurance providers to view these records to evaluate the risk of liability the minor poses and set insurance premiums appropriately.

The judge may also order that the records be unsealed and used as evidence in civil defamation cases where the juvenile is the respondent. Once the lawsuit ends, the files will be resealed.

Advantages of Sealing Delinquency Records

According to Welfare and Institutions Code 781, the advantages of sealing juvenile delinquency records include the following:

  • The child can honestly say they have never been arrested before.
  • Potential employers cannot refer to the sealed record when making employment decisions.
  • No sex offender registration requirement.
  • Record sealing enables the child to start afresh without childhood mistakes haunting them.

Destroying Sealed Juvenile Records

If habitual disobedience or chronic truancy were the reason for the D.A. sustaining the petition against the juvenile, the judge would order that the sealed juvenile records be destroyed after five years. On the other hand, if the D.A. sustains the petition due to a crime, the judge will order that the child's records be destroyed once they turn 30 years old.

However, the juvenile records cannot be destroyed if the child perpetrated any of Section 707(b) crimes. The crimes described under this section include, without limitation, murder, arson, assault using a firearm, and voluntary manslaughter.

Eligibility for Sealing Juvenile Records

Your child qualifies to seal their record if:

  • They have turned eighteen years old already, or the juvenile court jurisdiction was terminated more than five years ago.
  • The juvenile judge is content the rehab was fruitful.
  • There are zero unresolved civil defamation cases arising from the criminal act.
  • They have not committed a violation involving moral turpitude.

If the juvenile’s sustained petition stemmed from a Section 707(b) violation the child perpetrated when they were fourteen or older, they would be ineligible for sealing their records.

How a Juvenile Delinquency Attorney Can Help

Letting your child navigate the delinquency court process on their own is highly risky, as they do not comprehend how the process works and all the challenges involved. The best you can do is hire a lawyer to protect their interests and rights.

Lawyers are critical as they have longstanding relationships with D.A.s and judges throughout their practice. This can come in handy while negotiating for the best possible outcome.

Also, attorneys are conversant with juvenile arrests and investigations and can detect if the authorities are trying to violate your child's legal rights or are engaging in other misconduct. They could demand that the court dismiss the prosecution's evidence if it was obtained illegally.

Other ways in which a lawyer can help your juvenile’s case are that the lawyer will:

  • Seek reduced wardship consequences.
  • Design a sentencing option centered on rehab.
  • Assist the ward in overcoming fear, anxiety, and self-blame.
  • Give the juvenile’s case the time, attention, and resources you cannot give.
  • Help you decide the ideal option for your minor.

Find a Skilled Juvenile Delinquency Lawyer Near Me

A child being subject to wardship could affect their future. You could also be affected, as you may lose the child's physical custody, and your responsibilities and control over them will be limited. You want to consult an experienced juvenile delinquency attorney if the court has already sustained the petition against your child, and subjecting the minor to wardship is likely. At the California Criminal Lawyer Group, we will do everything possible to negotiate alternative legal options and prevent wardship. If your child is charged with a criminal offense in Fresno, contact us at 559-712-8377 to speak with our qualified lawyers.