Ward of the Court

Being declared a ward of the court could change your minor's life and the lives of your other family members. It occurs when the court assumes custody of your minor when they face California charges or, at times, your inability to provide care. The designation alters the child’s rights and freedom. It also has significant legal and personal implications for the juvenile involved.

If your child faces criminal charges in Bakersfield, the judge could declare them a ward of the court. Consulting with a skilled defense lawyer is an imperative step. At the California Criminal Lawyer Group, we are well-equipped to review your minor’s case and develop strategies to have them have a positive and lenient outcome. Call us to schedule a cost-free and non-obligatory consultation with us.

An Overview of Wardship – Ward of The Court

Wardship in the California Juvenile System represents a significant legal status change for a minor. When the judge declares a juvenile a ward of the court, the court takes responsibility for their care and supervision.

Firstly, the court must ensure the accused is a minor (below 18). They should consider the seriousness of the charges and if the child has a criminal history. Also, the judge has jurisdiction over determining the probation period during which your minor will be a ward of the court. The decision could also be made until further notice.

The judge makes this designation for various reasons, for example, if your minor is delinquent. Sometimes, a minor is considered a ward of the court for non-criminal reasons. For example, you cannot provide adequate care or supervision as a parent or guardian.

Options of Wardship

When the judge declares your minor a ward of the court in California, there are various pathways the court may take. Each path is tailored to the circumstances surrounding the case and the juvenile's best interests. California designed these options to provide both corrective measures and support. The options also help with juvenile rehabilitation and return to a stable life.

• Unsupervised Probation

Unsupervised probation is a form of wardship where the juvenile, though under the court's jurisdiction, does not require constant supervision by a probation officer. This option is typically reserved for minors whose offenses are less severe and who have shown a level of responsibility that the court trusts. Under unsupervised probation, the ward must adhere to specific court-mandated conditions, such as attending school regularly and avoiding further legal trouble.

• Supervised Probation

Supervised probation represents a more stringent form of wardship. In this scenario, the juvenile must regularly check in with a probation officer and adhere to stricter rules and guidelines. This may include curfews, mandatory school attendance, regular drug testing, and participation in counseling or community service programs.

The court assigned supervised probation to juveniles who violate any crime for which WIC 707(b) provides, California burglary, or possess a controlled substance, for example, cocaine, peyote, hallucinogens, and opiates.

Conditions of Probation

The probation period for a ward of the court in California comes with specific conditions. These ensure the minor's rehabilitation and prevent future offenses. The conditions provide structure, guidance, and support to the juvenile.

The exact conditions can depend on the individual case, but they typically include requirements like:

• Attending school,
• Obeying curfew hours,
• Participating in counseling or community service, and
• Avoiding California truancy laws violation.
• Refraining from criminal activity.

Compliance with these conditions is crucial, as failure to do so can lead to more severe consequences, including potential placement in a more restrictive environment.

The Court Placing Your Minor Away from Home

Sometimes, the probation department may determine that placement away from you serves a ward's best interest. The judge decides when your home environment is considered unsuitable or incapable of providing care and supervision.

Such placements offer a stable and supportive setting where the juvenile can focus on rehabilitation and personal growth. The probation officer could send your minor to the following places:

Foster Home Placement

Foster home placement offers a temporary but stable environment for juveniles who cannot stay in their homes. A foster home could provide a nurturing and supportive setting for your child’s development and rehabilitation.

Alternatives to Foster Home Placement

Apart from foster home placement, California's juvenile system offers several alternative options for the placement of wards. These alternatives cater to each juvenile's specific needs and circumstances. The alternatives provide environments that are conducive to their rehabilitation and personal growth.

These alternatives include:

1. Group Homes

Group homes serve as an alternative to foster homes. These offer a group living environment for juveniles who require more structured care than a traditional foster home can provide. These homes are designed to cater to small groups of juveniles, providing them with a family-like setting while also offering specialized care and supervision.

Group homes can vary in their focus, with some emphasizing behavioral therapy, education, or life skills training. The goal is to create a stable environment that supports the juvenile's rehabilitation and prepares them for a successful reintegration into society.

2. Residential Treatment Centers

Residential treatment centers (RTCs) provide intensive care and therapy for juveniles with more significant behavioral, emotional, or mental health needs. These centers are staffed with trained professionals, including therapists and counselors, who work closely with the juveniles to address their specific challenges.

The treatment at these centers often includes individual and group therapy, educational programs, and activities designed to promote behavioral change. RTCs are particularly beneficial for juveniles who require a higher level of care and supervision than what group homes or foster care can provide.

3. The Home of a Relative

In some cases, placement with a relative, also known as kinship care, is the preferred alternative. This option allows juveniles to live with a family member, often providing a more familiar and comfortable environment.

Kinship care can help maintain family bonds and cultural connections, crucial for the juvenile's sense of identity and emotional well-being. The relative caregivers receive support and guidance from the juvenile system to ensure they can provide a safe and nurturing environment.

4. Other Specialized Facilities

Other specialized facilities are tailored to meet certain juveniles' unique needs. These facilities may include programs for substance abuse treatment, educational and vocational training centers, or facilities that focus on specific therapeutic interventions. The key is to match the juvenile with a facility that best addresses their individual needs, ensuring they receive the appropriate care and support to aid their rehabilitation.

Confinement of a Ward

When a juvenile becomes a ward of the court in California, confinement in a juvenile facility, such as a ranch, hall, or a Division of Juvenile Justice (DJJ) institution, may be deemed necessary in some instances. This decision is typically reserved for situations where the juvenile's behavior poses a significant risk to themselves or others or when other placement forms have proven ineffective.

Length Of Commitment

The length of commitment for a ward of the court in California's juvenile justice system varies significantly based on the nature of the offense (felony or misdemeanor) and the juvenile's behavior and progress within the facility.

California's juvenile justice system, which includes county and state agencies, emphasizes guidance, education, treatment, and rehabilitation over punishment. Juveniles in this system are typically under 18 at their offense.

Division Of Juvenile Facilities Commitment

The Division of Juvenile Justice (DJJ) within the California Department of Corrections and Rehabilitation plays a crucial role in the confinement of certain wards of the court. This division oversees the state's juvenile justice facilities, providing secure housing and rehabilitation services for juveniles convicted of serious offenses.

The commitment to a DJJ facility is a significant decision, often reserved for juveniles who have committed grave offenses. These facilities focus on rehabilitation through education, vocational training, and mental health services.

Fines, Fees, and Restitution

In the California juvenile justice system, wards of the court and their families often face financial responsibilities, including fines, fees, and restitution. These financial obligations are part of the legal consequences of juvenile offenses and serve various purposes, from compensating victims to covering part of the cost of the juvenile justice process.

Victim Restitution

Victim restitution occurs when juveniles are required to compensate the victims for their crimes. This form of restitution aims to make the victims whole for their losses, whether they are physical, emotional, or financial. The court determines the amount and nature of the restitution based on the specifics of the crime and the victim's losses.

As part of the juvenile's rehabilitation process, victim restitution teaches accountability and responsibility, helping the offender understand the real-life consequences of their actions. This process is essential in guiding juveniles toward positive behavioral changes and preventing future offenses.

Restitution Fines

In addition to compensating victims directly, the California juvenile justice system may impose restitution fines on juvenile offenders. These fines are distinct from direct victim restitution and serve a broader purpose. The money collected from restitution fines goes into a state fund designed to support various services for victims of crime. This can include assistance programs, counseling services, and other forms of aid that help victims recover from their experiences.

The court determines the amount of the restitution fine. It is influenced by factors such as the nature of the offense and the juvenile’s circumstances, including their ability to pay. These fines are part of the financial responsibilities of adjudicating as a court ward. Like victim restitution, these fines teach juveniles the consequences of their actions and the importance of contributing positively to society.

Your Financial Responsibility as a Parent

In the California juvenile justice system, parents or guardians of a juvenile ward often bear financial responsibilities related to their child's legal proceedings. This may include paying for damages caused by their child or covering court-ordered restitution.

Restitution is compensation for losses or damage caused by the juvenile, such as theft, property damage, or medical bills. The court determines the amount and specifics, and parents are advised to discuss their financial ability to pay these fees and costs with the court​​.

Further, California imposes financial responsibility on you for the costs incurred by the state when your child is processed through the juvenile justice system. This can include reimbursing the state for the care, support, detention, or treatment of their children while under the supervision of state agencies​​.

Rights of Your Minor During Wardship

During wardship, several rights are accorded to your child to protect their interests and ensure their welfare. These rights include:

Right to Legal Representation

Upon becoming a ward of the court, your child has the right to legal representation. The representation helps navigate California’s complex juvenile justice system and ensure your child's voice is heard and rights are protected. The probation officer or the court must immediately inform your minor and you, the parent or guardian, of this right. If you cannot afford an attorney, the state will appoint one.

Right to a Fair Hearing

Your child has the right to a fair and impartial hearing. This includes the right to be heard, to present evidence, and to confront and cross-examine witnesses. These hearings are typically conducted in juvenile courts, separate from adult courts, focusing on rehabilitation rather than punishment​​.

Protection Against Self-Incrimination

Similar to adults, children have the right against self-incrimination. The juvenile must be informed of their right to remain silent and that anything they say can be used against them in court proceedings​​.

Right to Privacy

Juvenile court proceedings are generally confidential to protect the child’s privacy. Confidentiality helps prevent the stigma of a criminal record and allows the juvenile to reintegrate into society without the burden of their past actions​​.

Right to Participate in Decision-Making

Children have the right to participate in decisions that affect their lives. This includes decisions related to their placement, treatment, and rehabilitation. When making these decisions, the court considers the child’s age, the gravity of their offenses, and their prior delinquent history​​.

Right to Rehabilitation Services

Once declared a ward of the court, your child has the right to access rehabilitation services. These services include education, counseling, and other programs to address the root causes of delinquent behavior and facilitate the child's reintegration into society​​.

Probation Officer Duties and Responsibilities

Probation officers oversee the rehabilitation and monitoring of juvenile wards of the court. Their responsibilities involve supervision and support to ensure the juvenile's successful reintegration into society. Major duties include:

Assessment and Intake

When a child is booked into juvenile hall, probation officers conduct an initial assessment to determine whether the child should be released or remain detained pending court proceedings. This decision is guided by a validated, evidence-based assessment tool, which considers the juvenile’s prior referral history, current booking details, and conversations with the youth​​.

Supervision of Probation

Probation officers enforce court orders and supervise delinquent juveniles to ensure they obey the law and follow the terms of their probation. This supervision can include regular meetings with the minor, ensuring their involvement in school, community programs, job training, or counseling​​.

Development of Case Plans

Probation officers develop case plans for juveniles. The plans involve identifying the strengths and needs of the youth and their family and determining appropriate services to address those needs. These plans are dynamic and are regularly updated throughout the juvenile’s progress through the system​​.

Placement Decisions

In cases where a judge decides that a delinquent juvenile cannot live at home, probation officers are responsible for finding suitable placements for them. This can include living with a relative, in a foster home, group home, or institution. Probation officers also oversee placements in probation camps, ranches, or secure youth treatment facilities​​.

Enforcement of Probation Violations

If the juvenile violates the terms of their probation, probation officers play a role in the probation violation hearings. Depending on the severity of the violation, the consequences can range from warnings to changes in probation terms or even confinement​​.

Sealing Juvenile Delinquency Records

Sealing juvenile delinquency records provides a fresh start for individuals with juvenile records.

The Process of Sealing Juvenile Records

In California, juveniles may petition the court to seal their records once they turn 18 or five years after the juvenile court's jurisdiction has terminated. Certain offenses, particularly serious or violent felonies, may be ineligible for sealing​​.

The process involves filling out and submitting a form (JV-595) to the probation department or court where the juvenile proceedings occurred. The probation department reviews the form and submits it to the court with a recommendation​​.

After the submission, a judge reviews the petition and any evidence presented. The judge may make a decision immediately or set a hearing date. If granted, the court orders the records to be sealed and instructs all relevant agencies to comply. The records are then inaccessible to the public, with some exceptions for government agencies​​​​. The entire process can take approximately eight to ten months​​.

Advantages of Sealing Delinquency Records

Sealing juvenile delinquency records in California offers significant benefits, impacting various aspects of an individual's life. These advantages include:

• Non-Disclosure in Background Checks. Once sealed, juvenile records do not appear in most background checks. This allows individuals to pursue employment, education, and housing opportunities without the stigma of a juvenile record​​​​.
• Educational and Employment Opportunities. Sealing records can enhance prospects for college admission and job opportunities. Individuals with sealed records are not required to disclose their juvenile history, which can open doors to better employment and educational opportunities​​.
• Legal and Personal Privacy. In most situations, sealed records offer legal and personal privacy, allowing individuals to answer "no" when asked about past criminal records. Protecting against stigmatization and discrimination is crucial for personal development and social reintegration​​.
• Eligibility for Loans and Licenses. Individuals with sealed juvenile records may qualify for better student loans and professional licenses, enhancing their educational and professional prospects​​.
• Improvement in Quality of Life. Sealing records contributes to personal satisfaction and a fresh start, enabling individuals to move forward without the burden of past mistakes. This can significantly improve their overall quality of life and prospects for a successful future​​.

Destroying Sealed Juvenile Records

Destroying sealed juvenile records in California is essential in clearing juvenile history. While sealing records restricts access to them, destroying them ensures they are permanently eliminated.

Welfare and Institutions Code, Section 826 specifies that if a petition to seal and destroy a juvenile record is not filed, the record will automatically be destroyed after the individual reaches the age of 38. However, to avoid potential issues during critical years of employment and personal development, it is advisable to proactively seek the sealing and destruction of records as soon as legally possible​​.

Juvenile court and arrest records may be sealed and subsequently destroyed once one of the following has occurred:

• Five years or more after the juvenile court's jurisdiction has terminated, the court no longer has jurisdiction over the individual.
• Five years or more after the individual was cited or taken before a probation officer or law enforcement agency where no petition was filed in Juvenile Court.
• Any time after the individual reaches the age of 18 years​​.

Individuals have the right to request that their juvenile court records be released to them rather than destroyed by sending a written request to the Juvenile Court. This request must be made before the age of 38 and at least five years after the jurisdiction of the Juvenile Court has terminated​​.

Once a juvenile court record has been either destroyed or released, if it is discovered that other agencies, such as law enforcement agencies, still retain records of the juvenile arrest or court proceeding, a court order can be obtained for these agencies to destroy their records​​.

Federal government agencies do not recognize state court orders to seal records. Federal agencies, including the FBI and military services, will have access to juvenile records, whether sealed or not​​.

Find a Criminal Lawyer Near Me

If you are maneuvering the California Juvenile System after your child is declared a ward of the court, seek legal counsel from an experienced criminal lawyer. At the California Criminal Lawyer Group, we are dedicated to providing comprehensive legal support to juveniles fighting allegations.

Our team understands juvenile law and is committed to protecting the rights and futures of young individuals. Whether dealing with probation issues, record sealing, or more serious charges, our experienced lawyers are equipped to offer the guidance and representation needed for a favorable outcome.

For personalized and effective legal assistance in Bakersfield, contact us at 661-750-8230 for a consultation, and let us help your child achieve a positive outcome.