Juvenile Court Foster Care Eligibility Toolkit: Juvenile Court Overview

This course will review California Juvenile Court and will point out the distinction between the proceedings and its impact to foster care eligibility. Depending on the county size, each has different ways in which court hearings are handled. Juvenile Court’s primary purpose is to serve as a temporary intervention in a child’s life.

There are two types of cases heard in Juvenile Court:

1. Delinquency, (also referred to as Juvenile Justice) Court keeps the child and the community safe, while rehabilitating the child to safely return to society).
2. Dependency Court (also referred to as child welfare cases), keeps the child safe and hopefully leave the child and family in a stronger, safer place (WIC 300.2).

Judicial Officers
Though we commonly use the term “Judge,” there are actual various titles for the person who presides in the court. Each have the same decision-making abilities.

• Judge
• Commissioner
• Referee

The Judge’s prime directive is to follow the law. If the law compels a result, that will be the result, even if parties feel it is not in the best interest of a child or family.

Foster care eligibility is determined by what the Judge has written in the court order.

Dependency Court has a very complex set of decisions and possible outcomes. There are many laws and policies that guide how these decisions are made and implemented.

The goal of the Dependency Court is to ensure that:

• The child is safe from further maltreatment, e.g., sexual, physical, or emotional abuse, and neglect. Only when necessary is the child removed from the parent’s care/home to ensure safety.
• The child’s educational, developmental, physical and emotional health needs are met, that the child maintains relationships (attachment) to family, others, and their culture, and the child is prepared for successful adulthood.
• If the child is removed from the parent’s care, the court is also responsible to ensure that the child’s permanency needs are met. The first priority is to return the child to their parent’s care as soon as it safe to do so by providing services to the parents and child. If this is not possible, the next priority is to find an alternative permanent family for the child, usually through adoption or guardianship.

In Dependency cases, the child/youth is referred to as a Dependent of the Court.

Dual Status Youth refers to a youth who has petitions filed in both Dependency and Delinquency Court at the same time. “It is estimated that as many as 50 percent of youth referred to the juvenile court on a juvenile justice matter have had involvement with the child welfare system, depending on how broadly dual status is defined.”¹

Download the Dependency Court flowchart 

¹Dual-Status Youth Data Standards https://www.courts.ca.gov/documents/lr-2017-JC-dual-status-youth-data-ab1911-standards-2017.pdf 

“Delinquency processes are also referred to as Juvenile Justice. There are many different types of hearings and legal timeframes.” In delinquency proceedings, the goal of the system is to provide care, treatment, and guidance to minors that is consistent with their best interest, that holds minors accountable for their behavior, and that is appropriate for their circumstances. In meeting that goal, the juvenile justice system may impose a range of interventions. Juvenile Court interventions include diversion, community service, restorative discipline, informal probation, formal probation, and out-of-home placement—for example placement in foster care, commitment to a local juvenile facility (e.g. a juvenile hall, camp, or ranch), or in limited cases commitment to the state Division of Juvenile Justice (DJJ) for placement in a state-operated juvenile facility for minors with transfer petitions. Juvenile Court intervention may also include “punishment” that is consistent with rehabilitative objectives.

Under Juvenile Justice processes, there are status offense proceedings for youth between the ages of 12 and 17 who have violated laws that only apply to minors, and juvenile justice or juvenile delinquency proceedings for cases concerning violations of the criminal law by minors between the ages of 12 and 17. However, proceedings in Juvenile Court are not deemed to be “criminal” and adjudications are not deemed to be “convictions” for any purpose.”²

“Status offense jurisdiction by Juvenile Court up through the age of 17 years old. Non-delinquent behaviors (status offenses) include persistent or habitual disobedience (home or school authorities), those beyond control of caretaker/s, curfew violations, and habitual truancy and contempt of court for failure to comply with the court. Other fine-only/child-only violations and infractions may be heard in juvenile court
or in accordance with informal Juvenile and Traffic Court practices. At times, adjudicated youth in foster care can request to remain under the court’s jurisdiction up to age 21. WIC §601, § 601.5.”³

In Delinquency or Juvenile Justice petitions, the youth is referred to as a Ward of the Court.

All the safety, permanency and well-being goals of Dependency Court also apply to Delinquency Court cases, no matter where the youth is placed.

Download the Delinquency Court flowchart

²Overview of the Juvenile Justice System in California, A Fact Sheet Prepared by Youth Law Center, https://www.ylc.org/wp-content/uploads/2019/06/Fact-Sheet_-Juvenile-Justice-System-Overview-Final-August-2021.pdf 
³Juvenile Justice Geography, Policy, Practice and Statistics, http://www.jjgps.org/status-offense-issues/california 

Some Indian children will have their dependency or delinquency case transferred to Tribal Court.

“California’s tribal justice systems may handle an array of different case types, may function similarly to a state court or traditional customs of the tribe and create their own legal codes. Currently there are 22 tribal courts located in California. Currently there are 22 tribal courts located in California. The number of tribes with access to a tribal court is 39; some courts serve multiple tribes. For example, the Intertribal Court of Northern California serves 7 tribes; the Intertribal Court of Southern California serves 12 tribes; the Northern California Intertribal Court System serves 4 tribes; and the Northern California Tribal Courts Coalition serves 5 tribes.

Federally recognized tribes have a unique government to government relationship with local, state and federal entities, and are recognized as sovereign nations. Tribes can create their own laws, governmental structure and enrollment or membership rules for the land and citizens of their nation.

The Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901 et seq.) is federal legislation, which establishes minimum federal standards for state court child welfare proceedings and many other “child custody” proceedings involving Indian children. In 2006, with the passage of California Senate Bill 678, effective January 1, 2007, codified many of these requirements into the Welfare & Institutions Code, Family Code, and Probate Code that govern Indian child custody proceedings. This legislation affects California dependency, delinquency, guardianship and some family proceedings involving Indian children.”⁴

How each Tribal Court operates is different. Eligibility staff must obtain court orders and documents to determine foster care eligibility.

⁴California Courts, The Judicial Branch of California, Tribal/State Programs. https://www.courts.ca.gov/programs-tribal.htm