The legal term “Ward of the Court” means that the court system has taken a child for rehabilitation, not punishment. But what does it mean for your child to become a Ward of the Court? What consequences does this status bring to their future? What rights are they still allowed during this process?

In California, if a juvenile is convicted of a serious felony, the court can decide that the juvenile is a ‘ward of the court.’ That means that the court is legally responsible for the treatment and supervision of the juvenile and that you, the parent, may lose some of your rights of control over the juvenile. Some available dispositions the court has include placement in juvenile detention, foster homes, or probation. Wardship may entail the minor being subjected to penalties such as fines, which is undesirable.

If you or your child is charged with a felony, the best thing to do is to seek the services of a competent criminal defense lawyer. We at Monterey Criminal Attorney understand juvenile delinquency cases, as we have specialized lawyers to help you and your child. We are ready to help you with juvenile legal representation across the Monterey area.

Different Petitions for Your Child

When a minor is accused of a crime in California, the journey through the juvenile justice system begins with petitioning. A petition is a formal statement of the charges or allegations against the minor and sets the stage for how the case will proceed.

There are different petitions, each with different implications for your child's future. These include:

The Petition Filed by the Probation Department

In many juvenile cases, the probation department is involved. Where a child is suspected of a minor offense, the probation officer may choose to submit a petition to the court. This type of petition is usually filed where the child has no other record or the offense was not so serious, such as breaking a curfew, running away from school, skipping school, or disobeying their parents.

In this case, the aim typically targeted is the ability to help the child be rehabilitated without facing the harsh penalties they would if they were to face a criminal trial.

Upon filing the petition, the juvenile court will set a hearing to decide on the proper action. The court may offer probation for your child with certain terms meant to reform them. Probation terms can be quite different. Still, their goal is to avoid new violations and educate the child, such as attending school, counseling, or community service. The process is meant to be corrective, not punitive: the goal is to assist your child in making appropriate decisions.

The Petition Filed by the District Attorney

In cases where the offense is more serious or when the child has a record of such offenses, the District Attorney (DA) may come and file a petition. As opposed to the petition from the probation department, a petition from the DA often means that the state desires a more official and possibly punitive action.

The DA’s petition is generally linked to violent cases, a second offense, or other circumstances where the state feels that a more intrusive measure is required to prevent further criminal activity. These crimes would still be considered offenses even after 18 years, for example, misdemeanor offenses like driving under the influence (DUI) and felony offenses like rape, robbery, or murder.

When the District Attorney files a petition, the juvenile court will continue to emphasize rehabilitation of the child. However, the outcome of the petition may be more punitive. In some cases, the DA may even seek to have the minor tried as an adult, depending on the nature of the offense and the child's age. This decision is not taken lightly, as the penalties in adult court are far more severe and can include long-term incarceration.

Overview of Wardship – Ward of The Court

In California, where a juvenile is legally placed under the status of a Ward of the Court, the court takes the major responsibility for the child. This status usually arises when the court finds that the minor’s parents or guardians cannot give the child the direction, correction, and control that will help the child cease the delinquent conduct.

Your child becomes a Ward of the Court and, therefore, falls under the supervision of the court in terms of their rehabilitation. The court’s desire is not vindictiveness but to offer a structure enabling your child to get back on track.

Wardship can involve close supervision depending on the gravity of the offense and the child's history. The court shall consider the child's home conditions, the details of the committed offense, and the probability of the child repeating the same offense to arrive at the best form of probation.

Unsupervised Probation

Where the offense is minor, and the court feels that the child does not need close supervision, the court may offer unsupervised probation. If placed under unsupervised probation, your child will be free to stay home and do their normal business with little or no restriction from the court.

However, they must meet certain conditions the court gives them. For example, the juvenile must attend school, avoid certain people or places, adhere to driving restrictions, maintain curfews, wear a monitoring device, and do community service.

Even though the probation is unsupervised, violating these conditions may lead to reconsidering the child’s case and implementing more strict forms of supervision. Unsupervised probation is founded on the belief that your child will remain compliant with these conditions, as trusted by the court.

Therefore, it is important that your child is fully aware of and obeys all the conditions stated by the court. If such is not done, a worse outcome may occur, leading to supervised probation or placement outside the home.

Supervised Probation

Supervised probation is a more structured and closely monitored approach. It is typically assigned in cases where the court believes that the child requires ongoing supervision to stay on the right track.

Under supervised probation, your child must meet regularly with a probation officer who will monitor their behavior, school attendance, and compliance with other court-ordered conditions. The probation officer serves as a liaison between the court, your child, and you, providing reports on progress and any issues.

The conditions of supervised probation are often stricter than those of unsupervised probation. Your child may be subject to curfews, random drug testing, or mandatory counseling sessions. The court may also impose restrictions on where your child can go and with whom they can associate.

The level of supervision can vary, but the underlying principle is to provide the guidance and oversight needed to help your child make better choices and avoid further entanglement with the law.

Being placed on supervised probation is a serious matter, but it also represents an opportunity for rehabilitation. The court’s focus is on correcting behavior rather than punishing it. By working closely with the probation officer and ensuring that your child meets all the conditions of their probation, you can help your child complete this period of supervision and move forward with their life.

Conditions of Probation

When a juvenile is placed on probation in California as a Ward of the Court, they must adhere to specific court-set conditions. These conditions are mandatory requirements that your child must follow to avoid further legal consequences. The court tailors these conditions to address the specific circumstances of the offense and the child's needs, aiming to rehabilitate rather than punish.

Probation conditions can depend on the nature of the offense, the minor's history, and the court's assessment of what is necessary to prevent future delinquency.

Common conditions include the following:

  • Regular school attendance. Your child must maintain good behavior and satisfactory academic performance.

  • Participation in counseling or therapy sessions designed to address underlying behavioral issues, such as anger management, substance abuse, or family conflicts.

  • Performing community service serves as both a form of restitution and a way to instill a sense of responsibility.

  • Maintaining curfews. This involves limiting the hours your child can leave the house without supervision. These curfews are typically stricter on weekends and school nights to minimize opportunities for further delinquent behavior.

  • Avoiding the association with certain individuals, particularly those who may have been involved in the offense or have a history of delinquent behavior.

  • Restriction from entering specific locations, such as areas known for gang activity or other high-risk environments.

  • In cases where the offense involved drugs or alcohol, your child could be subject to random drug testing.

  • Check-in regularly with a probation officer, who will monitor the juvenile’s progress and report to the court. The probation officer ensures that your child complies with all the conditions of their probation.

Probation conditions help your child develop better habits, take responsibility for their actions, and avoid future encounters with the legal system. As a parent or guardian, your support in helping your child meet these conditions is crucial to their success.

Failure to meet these requirements can lead to more stringent measures, including supervised probation, placement outside the home, or incarceration. The prosecutor can file a 777 petition to address the violation. This leads to a court hearing where the judge decides the appropriate consequences.

After the hearing, the judge has various options for addressing the probation violation, including:

  • A warning and release by the court or probation department.

  • Add additional programs to existing probation terms.

  • Mandatory participation in community service.

  • Wearing an electronic monitoring bracelet.

  • Undergoing inpatient treatment for substance abuse.

  • Confinement in juvenile hall.

  • Placement in a structured program like a ranch, camp, or group home.

Rights of The Minor During The Wardship

When a child becomes a Ward of the Court in California, your child retains certain fundamental rights despite the court's involvement in their life. These rights ensure that the juvenile justice process remains fair and that your child is treated with dignity throughout their wardship.

  • The right to legal representation. In every proceeding, from the initial appearance to the further proceedings, the child has the right to be represented by an attorney. If you cannot hire an attorney to represent you and your child, the court will appoint one. An attorney must be present because they argue against unfair actions and strive for the best outcome for the child’s case.

  • The right to a fair hearing. These include the right to be heard in court, present evidence witnesses, and cross-examine the evidence presented by the other side. The court should listen to the child's side of the story before they make a decision that will affect the child. This right to a fair hearing prevents the process from being skewed in favor of any party, and your child is allowed to be heard.

  • Protection against self-incrimination. Your child cannot be compelled to be a witness against themselves and anything they say could be used in court against them. This means that every time your child is dealing with the police or in court, they have a right to refuse to say anything, and your child needs to know this. Their lawyer is going to advise them as to what extent they should be talking and when they should be holding their peace and exercising their privileges.

  • The right to confidentiality. Most juvenile court sessions are conducted on camera, and records of proceedings are expunged to protect the child’s identity. This means that, unlike the court records involving adults, these records are open to the public, and juvenile records are closed. This confidentiality helps your child progress without the embarrassment of a criminal record. It enables them to start afresh and have a clean social record after being released from juvenile detention.

  • The right to humane treatment under the court’s jurisdiction. This includes protection from cruel or unusual punishment and the right to receive adequate care and rehabilitation services. Whether your child is placed in a juvenile facility or remains at home under supervision, they are entitled to be treated with respect and to have their basic needs met.

Ensuring that your child's rights are upheld throughout their wardship can significantly affect how they experience the juvenile justice system and the outcome of their case. Knowledge of these rights empowers you to advocate effectively for your child and ensure they are treated fairly at every stage.

Placement Away from Home

One of the court's decisions when a juvenile is declared a Ward of the Court is to remove the child from home. Placement in a place other than home is not a decision taken lightly. It is done when the court feels the child is better off away from home. This decision is usually informed by reasons such as the safety of the child, the potential of the offender to re-offend, or the incapability of the parents or guardians to monitor the child.

Placement In a Foster Home

Placement in a foster home is the process where a child is taken from their home and placed in the care of a foster parent.

You may be left with no option but to let the court take your child to foster care. Foster care means that your child will live with a family for a specified period, but the state has recommended this family. The foster family is expected to ensure that your child receives the necessary care to help them with rehabilitation and develop positively.

Foster homes are used where the court thinks that the child needs a more formal setting but does not need as much supervision as that provided by a juvenile detention center.

In a foster home, your child must obey the rules and regulations of the foster family and other conditions that the court may prescribe. This environment can allow your child a new environment, free from negative company that could have contributed to the delinquency. The foster family and the probation officer will supervise your child and report to the court. Foster care is not a long-term solution, but it may change your child’s life.

Placing your child in foster care is done to ensure that the child receives a supportive environment for purposes of rehabilitation. However, this transition may be demanding for the child and the family members.

To help your child deal with this situation, as a parent or a guardian, you should continue speaking with the foster family and the probation officer. It is, therefore, important for the child to be frequently visited and engaged to enhance the child’s adjustment to foster care.

Other Places of Placement for the Ward

Other than foster care, the court has other placement options that may be taken depending on your child’s situation. These are:

  • Group Homes

Group homes are an environment similar to a foster home and a juvenile detention center but more structured. Two or more juveniles live together in a family-like setting, and all residents must adhere to strict rules and attend rehabilitative programs.

Specialists who work in these homes as supervisors assist the individuals living in them in becoming capable of reintegrating into society effectively.

  • Residential Treatment Center

Another option is placement in a residential treatment center. These centers are for juveniles who need more focused therapy and care because of factors like substance use, mental health, or extreme behavioral concerns.

Residential treatment centers provide individual and group counseling, academic coaching, and personal and social skills development in an environment of structure. The best strategy is to eradicate the causes of delinquency and give your child the tools to improve their life.

  • Placement In A Relative’s Home

In some cases, the court may consider placement in a relative’s home, provided the relative can offer a stable and supportive environment. This option allows your child to stay within the family, which can be beneficial for maintaining emotional bonds and continuity in their life. However, the court will carefully evaluate the relative’s ability to provide proper care and supervision before making this decision.

Confinement of a Ward

When a court decides that a juvenile needs a more restrictive environment than home or community-based settings can provide, they may order confinement in a juvenile facility. This step is the most severe, involving the removal of the child from their everyday life to focus on rehabilitation while protecting the community.

Length of Commitment

A juvenile’s confinement length depends on the case details, the offense, and court recommendations. Unlike adult sentences, juvenile commitments often lack a fixed duration, with the court regularly reviewing the juvenile’s progress.

Some cases may involve a minimum period of confinement, especially for serious offenses, but the goal remains rehabilitation. The length of confinement depends on the juvenile’s behavior and progress, with the possibility of early release or extended commitment based on these factors.

Generally, court jurisdiction ends when the juvenile turns 18, though it can extend to 21 or cause a transfer to an adult facility for severe offenses.

Division of Juvenile Facilities Commitment

For severe offenses or when other interventions fail, the court may order commitment to a Division of Juvenile Facilities (DJF), which offers intensive supervision and rehabilitation. These facilities provide educational programs, vocational training, mental health services, and substance abuse treatment, focusing on strict discipline and accountability.

DJF commitment is reserved for violent or repeat offenses. The aim is to equip the juvenile with tools for reintegration into society. The decision is made after carefully considering the offense, the juvenile’s history, and available alternatives. The goal is to support personal growth and rehabilitation in a structured environment.

Fines, Fees, and Restitution

Juveniles placed under the care of the court may be required to pay fines, fees, and restitution intended to punish the juvenile and compensate the victims.

Victim Restitution

Victim restitution ensures that victims are reimbursed for the losses they incurred as a result of the juvenile’s offense, for example:

  • Medical expenses.

  • Damage to property.

  • Loss of earnings.

The amount of restitution is determined by the minor's ability to pay. Parents may be compelled to contribute if the juvenile cannot pay the full amount. Nonpayment of restitution results in a probation extension or other legal repercussions.

Restitution Fines

Restitution fines are other penalties that go to state victim services and do not directly compensate the victims. The fines depend on the nature of the offense and the juvenile's records. A felony conviction can lead to a fine ranging from $100 to $1,000 for your child, whereas a misdemeanor conviction carries a maximum fine of $100.

Consult A Monterey Juvenile Defense Attorney Near Me

If your child is facing California criminal charges, they can be declared a ward of the court. Whether you are facing the possibility of your child becoming a ward of the court or you are already involved in the juvenile justice system, having the right legal guidance can make all the difference.

At Monterey Criminal Attorney, we specialize in defending juveniles in California’s legal system, offering personalized strategies to address your unique situation. Our deep understanding of juvenile law allows us to advocate effectively for minors, ensuring that their rights are protected through effective legal representation.

Call us at 831-574-1791 to schedule a consultation and assist you with any questions or concerns.