The new juvenile laws in California have reshaped the system from top to bottom: the state closed its youth prisons in June 2023 and handed responsibility to counties, set 12 as the minimum age at which a child can be prosecuted, removed truancy as a path into juvenile court, required every minor to speak with a lawyer before any custodial interrogation, made it harder to send young people to adult court, and expanded automatic sealing of juvenile records. If you are a parent, a young person, or someone advising either, these are the changes that most affect what happens from the first police contact through the day a case is closed.
Who Can Be Prosecuted Now
Senate Bill 439 set 12 as the minimum age for juvenile court jurisdiction, effective January 1, 2020.1California Legislative Information. Bill Text – SB-439 Jurisdiction of the Juvenile Court Children under 12 cannot be prosecuted or made wards of the court. The exceptions are narrow and cover the most serious violent offenses, including murder and certain sexual offenses.2California Legislative Information. SB-439 Jurisdiction of the Juvenile Court When a child under 12 comes to the attention of law enforcement outside those exceptions, the county must release the child to a parent, guardian, or caregiver instead of processing the case through the court.
Assembly Bill 901, signed in September 2020 and effective in 2021, closed off another route into the system by eliminating truancy as a basis for juvenile court jurisdiction.3California Legislative Information. California AB-901 – Juveniles Schools can no longer refer habitually truant or disruptive students directly to probation. A peace officer must first refer the young person to community-based services, the probation department, a health agency, or a local educational agency before issuing a notice to appear. For youth who are not already on probation, any services offered are voluntary, with no probation conditions or consequences for turning them down.
The End of State Youth Prisons
Governor Newsom signed Senate Bill 823 on September 30, 2020, starting the closure of California’s Division of Juvenile Justice.4Board of State and Community Corrections. Senate Bill 823 – DJJ Realignment Implementation DJJ stopped accepting new youth in June 2021, and the last facilities shut down on June 30, 2023.5California Department of Corrections and Rehabilitation. CDCR Ceases Division of Juvenile Justice Operations Every young person under juvenile court jurisdiction is now the responsibility of a county.
Counties operate their own Secure Youth Treatment Facilities for the most serious offenders who would previously have gone to DJJ, along with community-based programs funded through the Juvenile Justice Realignment Block Grant.4Board of State and Community Corrections. Senate Bill 823 – DJJ Realignment Implementation The practical effect is that youth stay closer to home, families can participate in treatment, and the stated focus has shifted toward education, mental health, and vocational training rather than confinement in large state institutions.
Attorney Consultation Before Any Interrogation
One of the strongest protections for young people in California is a hard rule about interrogations. Before any custodial interrogation, and before waiving Miranda rights, every youth age 17 or younger must consult with a lawyer in person, by phone, or by video.6California Legislative Information. California Welfare and Institutions Code 625.6 This consultation cannot be waived by the youth or the parent.
There is one narrow exception. If an officer reasonably believes someone’s life or property is in immediate danger, questioning can proceed, but only to the extent necessary to address that threat. If police do not comply with the consultation requirement, the court weighs that failure when deciding whether any statements the youth made can be used as evidence.6California Legislative Information. California Welfare and Institutions Code 625.6 The practical takeaway for parents: a minor should not answer substantive questions until that attorney consultation has happened.
The broader right to counsel kicks in once a case is filed. If a youth appears in court without a lawyer, the court appoints one automatically, regardless of family finances, unless the youth makes a knowing and intelligent waiver.7California Legislative Information. California Welfare and Institutions Code 634 When a parent’s interests conflict with the child’s, the court appoints separate attorneys for each.
A Harder Path to Adult Court
Proposition 57, approved by voters in 2016, stripped prosecutors of the power to directly file charges against minors in adult court. Only a juvenile court judge can send a case to adult court, and only after a transfer hearing.8California Courts. WIC 707(A) Transfer Cases (Prop 57) The prosecution must file a motion and the court must find, by clear and convincing evidence, that the youth cannot be rehabilitated within the juvenile system before weighing five statutory factors:
- The degree of criminal sophistication the youth showed
- Whether the youth can be rehabilitated before juvenile court jurisdiction expires
- The youth’s prior delinquency history
- How well previous rehabilitation efforts worked
- The seriousness of the offense
Transfer motions are limited to youth who were 16 or older at the time of a felony, or 14 or 15 at the time of specific violent offenses listed in WIC Section 707(b), including murder, robbery, arson, kidnapping, and certain sexual offenses.9California Legislative Information. California Welfare and Institutions Code WIC 707 The burden has also shifted. Earlier law presumed the youth unfit for juvenile court and required the defense to prove otherwise; there is no such presumption now, and the prosecution carries the burden.
Automatic Record Sealing After a Case Ends Well
California’s record-sealing law has become one of the most protective in the country. When a youth satisfactorily completes diversion, non-wardship probation, or any term of probation, the court must dismiss the petition and order all records sealed, including those held by the court, law enforcement, the probation department, and the Department of Justice.10California Legislative Information. California Welfare and Institutions Code 786 This happens automatically. No petition, no attorney, no filing fee.
Once records are sealed, the arrest and proceedings are legally deemed never to have occurred, and the youth can truthfully tell employers, schools, and others that the case did not happen. Satisfactory completion means no new felony conviction or misdemeanor involving moral turpitude during supervision, and substantial compliance with probation conditions within the youth’s ability to perform. An unpaid restitution balance by itself does not count as unsatisfactory completion and cannot block sealing.10California Legislative Information. California Welfare and Institutions Code 786
The same section also covers successful diversion. When a youth completes a diversion program through the probation officer, the petition is dismissed and the records are sealed. Diversion itself can take the place of a court case: with the consent of the youth and parent or guardian, the probation officer can refer the young person to a health agency, community organization, educational program, or probation-supervised plan lasting up to six months.11California Legislative Information. California Welfare and Institutions Code WIC 654 If the youth does not engage within 60 days, the probation officer can still file a petition.
What Reform Did Not Change
Two financial consequences stayed in place and are easy to overlook amid the broader reforms. First, victim restitution is mandatory. When a youth is found to have committed an offense, the court must order restitution to the victim for all economic losses, including property replacement or repair cost (whichever is less), medical expenses, lost wages, and mental health counseling costs. The court can only decline to order full restitution for compelling and extraordinary reasons stated on the record, and the youth’s inability to pay is not one of them.12California Legislative Information. California Welfare and Institutions Code WIC 730.6 An unpaid restitution order can be converted into a civil judgment, so the obligation outlasts juvenile court jurisdiction.
Second, parents remain on the hook financially for a child’s willful misconduct. Under Civil Code Section 1714.1, a parent with custody and control of the minor is jointly liable for damages caused by the child’s willful acts, with a statutory base cap of $25,000 per incident for property damage and $25,000 for medical, dental, and hospital expenses when a person is injured.13California Legislative Information. California Civil Code 1714.1 The Judicial Council adjusts those amounts every two years for cost-of-living, so the current cap may be somewhat higher. Insurers are not liable for more than $10,000 for conduct imputed to a parent this way, which means most of the financial exposure falls on the family rather than on a homeowner’s or renter’s policy. Parents can also be ordered to contribute to victim restitution the juvenile court imposes on the child.