A disposition hearing in juvenile court is the equivalent to a sentencing hearing in adult court. Your child has been found to have committed a criminal offense or a probation violation, and the judge decides what disciplinary measures will be imposed.
A wide variety of sentencing options are available in juvenile court. The judge formulates a sentence that is tailored to your child to help them become rehabilitated.
In this article, our California criminal defense attorneys discuss:
- 1. How does the judge decide my child’s sentence?
- 2. When will my child’s disposition hearing take place?
- 3. What sentence will my child get?
- 4. Additional reading
- 5. Additional resources
1. How does the judge decide my child’s sentence?
Judges at California disposition hearings look at the whole picture in determining your child’s sentence, such as:
- the age of your child,
- the circumstances and gravity of the offense,
- your child’s previous delinquent history (if any),
- your child’s testimony (if they choose to speak at the hearing), and
- the victim testimony (if they choose to speak at the hearing) or written impact statement.1
Judges cannot penalize your child for failing to confess or for refusing to plead guilty. However, they can take into account whether your child committed perjury by testifying untruthfully at their adjudication hearing (trial).
Example: Joey loses his adjudication hearing for drug possession. At the disposition hearing, the judge decides to grant Joey probation because he has no priors and does well in school. As a condition of staying out on probation, Joey must also complete a drug education program or else be remanded to juvenile hall. His parents must pay for the program unless they can show financial hardship.
2. When will my child’s disposition hearing take place?
If the judge has all the information they need to make a sentencing decision at the time of the adjudication hearing (trial), the disposition hearing can take place right after the verdict. Otherwise, the disposition can be postponed in order to:
- have your child undergo a psychological evaluation,
- give the probation officer time to complete their social study (recommended sentence), and/or
- give you (the child’s parents or guardian) time to submit relevant “mitigating evidence” that may persuade the judge to grant a lighter sentence.
In any case, if your child is in custody in California, the sentencing hearing must take place within 10 days of the adjudication hearing.2
3. What sentence will my child get?
Possible sentencing options at California disposition hearings include:
- Dismissal of the case “in the interest of justice” under W&I Sec 782,
- Informal probation under Welfare & Instituions Code 725,
- Deferred entry of judgment (DEJ) under W&I Sec. 790, which means the charge will be dismissed if your child follows the judge’s terms and conditions,
- Suitable placement in a foster home,
- Formal probation at home, a relative’s home, a group home, a foster home, or a county probation camp,
- Commitment at a Secure Youth Treatment Facility, or
- Commitment at the Division of Juvenile Justice (juvenile hall) at either:
Other terms and conditions can involve restitution, community service, mandatory school attendance, curfew restrictions, and substance abuse counseling, among others.
In Los Angeles County, prosecutors are now required to prioritize rehabilitation over punishment. Prosecutors seek the minimum penalties allowable and appropriate in each particular case.3
4. Additional reading
You might also be interested in reading our related California juvenile justice articles:
- Detention hearings – This is the first hearing your child has following an arrest, and it is where the judge determines whether to keep them in custody.
- Transfer hearings – These hearings determine whether your child will remain in juvenile court or get prosecuted in criminal court.
- Adjudication hearings/jurisdiction hearings – These are the juvenile justice court version of bench trials (there are no jury trials in juvenile court).
- Juvenile court process – A step-by-step guide to what happens once your child gets detained for illegal behavior.
- Sealing juvenile records – The process for getting juvenile records sealed, which can greatly increase your education and employment prospects.
- Juvenile “strike” offenses – An explanation of which serious juvenile crimes qualify as “strike” offenses under California’s Three Strikes Law.
5. Additional resources
You can find help and guidance at the following:
- Center of Juvenile and Criminal Justice – A nonprofit with the mission of reducing society’s reliance on incarceration as a solution to social problems.
- Ella Baker Center Books Not Bars Campaign – An organization that works to shift resources from punishment and towards rehabilitation.
- Youth Law Center – Advocates working to transform foster care and juvenile justice systems.
- Juvenile Law Center – Nonprofit, public interest law firm working to lessen the harm of the child welfare and justice systems.
Legal References
- California Welfare & Institutions Code Section 725.5. See also California Welfare & Institutions Code Section 725; California Welfare & Institutions Code Section 741; California Welfare & Institutions Code Section 782.
- California Welfare & Institutions Code Section 702.
- LADA Special Directive 20-09.