Types of Juvenile Probation
Welfare and Institutions Code (WIC) are the laws, rules and regulations pertaining to juveniles. The prominent difference between the following types of probation is non-wardship vs wardship. Non-wardship probation does not allow the Probation Department to remove the juvenile from their home. Wardship Probation means that the Court has jurisdiction over the minor as if the Court was the minor’s parent. In addition, wardship probation allows the Probation Department to remove a juvenile from their home if necessary.
- 654 WIC – Informal Probation: The Probation Officer has determined that the juvenile may benefit from services. This is a voluntary contact between the probation officer, the juvenile and the parent/legal guardians. The juvenile may be placed on informal probation for up to six months. If the juvenile successfully completes this program, the case is then closed. If the juvenile is unsuccessful, the Probation Department may make a referral to the District Attorney’s Office for a formal petition to the Juvenile Court.
- 654.2 WIC – Informal Probation: The District Attorney has filed a formal petition with the Juvenile Court, however, the Court has decided that instead of proceeding with disposition, the case is placed on hold to allow the juvenile to participate in a six month diversion program with the Probation Department. If the juvenile successfully completes the program, the Court dismisses the alleged charges and the case is closed. If the juvenile fails to successfully completes the program, then the Court proceeds with disposition of the case.
- 725 WIC – Probation without Wardship: The Court determines the juvenile has violated the law, without adjudging the youth a ward of the court, places the minor on probation, under the supervision of the probation officer, for a period not to exceed 6 months.
- 790 WIC – Deferred Entry of Judgment: The Court determines that the juvenile did in fact commit a felony and places him/her on probation. The juvenile must meet certain criteria before they can be placed on this type of probation.
- The juvenile has not previously been declared a ward of the court and the pending matter is the first felony conviction/adjudication.
- The offense charged is not one of the 707(b) WIC offenses.
- The juvenile has not been committed to the Department of Juvenile Justice.
- The juvenile is at least 14 years of age at the time of the hearing.
- The juveniles record does not indicate that probation has ever been revoked without being completed.
- The juvenile is eligible for probation pursuant to Section 1203.6 PC.
- 602 WIC – Wardship: The court determines that the juvenile violated the law, declares them a ward of the Court and places him/her on formal probation under the supervision of the Probation Department. The Court may maintain jurisdiction of the juvenile up to the age of 21 years. If the youth is committed to the California Department of Corrections and Rehabilitation, Department of Juvenile Justice, then jurisdiction may remain until age 25.