Juvenile “delinquency” and juvenile “dependency” are two separate court systems in California.
The juvenile delinquency system is concerned with minors charged with crimes. The juvenile dependency system focuses on minors who have been abused, abandoned or neglected.
The general rule is that minors must be classified within one system or the other, but not both at the same time. However, in some cases a minor can fall within both jurisdictions. These minors have “dual status.”
Note that in Los Angeles County, prosecutors now strive to keep youth out of delinquency court as much as possible in an effort to promote rehabilitation over punishment. When possible, prosecutors refer cases to the LA County Youth Diversion and Development.1
In this article, our California Juvenile Criminal Defense Attorneys review the differences between California juvenile delinquency and California juvenile dependency law. We cover:
- 1. California juvenile delinquency law
- 2. California juvenile dependency law
- 3. Dual status minors
- Additional resources
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group for a consultation.
If your child is detained in juvenile hall, please visit our related articles on Barry Nidorf (Sylmar) Juvenile Hall & Court and Orange County Juvenile Hall.
1. California juvenile delinquency law
California juvenile delinquency law is “criminal law” for minors. Technically the juvenile delinquency system is part of the California civil law system as opposed to the criminal law system because we don’t like to think of children as “committing crimes.”
Nevertheless, when your child is accused of committing a felony or misdemeanor while under 18 years old, they go to court just like an adult. In their case, though, the court is called juvenile delinquency court.
California juvenile delinquency law is set out in various sections of the Welfare & Institutions Code, primarily in W&I Code 601 and following sections.
A juvenile conviction (called a “sustained petition“) is not supposed to be held against children later in life.2 Though in reality, a juvenile sustained petition can:
- be used as a “strike” for purposes of California three strikes law,
- can lead to sex offender registration, and
- can even lead to civil confinement as a sexually violent predator (SVP).
W&I Code 202 – goal of rehabilitation
The juvenile delinquency system is designed to rehabilitate your child. This is a big difference from the adult criminal system, which is focused primarily on punishment.
California Welfare & Institutions Code 202 provides:
Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances.3
In addition to rehabilitation, the delinquency system is designed to hold your child accountable with sanctions such as probation or commitment to probation camp.4
W&I Code 602 – wards of court
California Welfare & Institutions Code 602 WIC provides that if your child is under the age of 18 when they violate a criminal law, they are within the jurisdiction of the juvenile court.5
The section also says that the judge can find your child to be a ward of the court. This means the judge takes over primary responsibility for the welfare and accountability of your child.
Example: Jessie is arrested for possession of controlled substance and possession for sale. Just prior to his adjudication hearing (trial), Jessie’s lawyer and the prosecutor work out a deal. Jessie admits to the juvenile drug possession charge, but denies the more serious drug possession for sale charge. Jessie also has a prior juvenile adjudication for possession of marijuana.
The judge thinks Jessie has a growing drug problem but can turn his life around with guidance of the court and more proactive family involvement. She declares Jessie to be a ward of the court but allows him to go “home on probation.” As part of Jessie’s probation, Jessie has to attend substance abuse counseling. Further, both Jessie and his parents are required to participate in family counseling.
San Francisco Juvenile Court
2. California juvenile dependency law
Unlike California juvenile delinquency law, the California juvenile dependency court system does not deal with criminal conduct by minors. California dependency law deals with minors who have been abused, neglected and/or abandoned.
When minors are mistreated at home, they need someone else to look after them. So the court steps in and makes the minor a “dependent child” of the court.
Under W&I Code 300, a minor can become a dependent child of the court when the minor:
- suffered serious physical harm inflicted nonaccidentally by the parent or guardian
- suffered serious physical harm or illness as a result of failure of the parent or guardian to supervise, protect or care for the minor
- suffers serious emotional damage as a result of conduct of the parent or guardian
- has been sexually abused by a parent or guardian or household member
- is left without any provision for support
- has been freed for adoption by one or both parents
- has been subjected to an act or acts of cruelty by the parent or guardian or a member of their household6
Example: Reanna is 12 years old. Her mother is a drug addict and has just been arrested for prostitution. Her father is incarcerated for life. Social workers intervene, and Reanna is declared a dependent child of the court. Reanna is permitted to live with her grandmother while social workers develop a program for care of Reanna and family reunification.
According to a 2024 report, there were 31,953 dependency cases filed in the 2022-23 fiscal year.7
California dependency law deals with minors who have been abused, neglected and/or abandoned.
3. Dual status minors
Unfortunately, some kids are caught up in both the delinquency and dependency systems. This is the case, for example, when a dependent child of the court gets arrested. These youth are referred to as “crossover youth.”
Example: Reanna in the above example gets in with a rough crowd and begins skipping school. She begins using drugs and jokes about killing people. Eventually Reanna is arrested for acting as lookout in a robbery that left a man injured with stab wounds. Given the severity of her alleged crime, police take Reanna to juvenile detention pending outcome of the case.
General rule is against dual jurisdiction
The general rule in California is that minors cannot be both dependent children of the court and delinquent wards of the court at the same time. It has to be one or the other.
When there is overlap, county social services and county probation departments must make a “joint assessment” under W&I Code 241.1 to see which system is most appropriate for the minor and society.8
If there is a dispute, the juvenile court judge must hold a hearing. The hearing may take place during the minor’s juvenile detention hearing but in any event must occur before the minor’s adjudication hearing (trial).9
The rules regarding the assessment and “Section 241.1 hearing” are set forth in California Rule of Court 5.512.10 The joint assessment report must include:
- A description of the nature of the referral;
- The age of the child;
- The history of any physical, sexual, or emotional abuse of the child;
- The prior record of the child’s parents for abuse of this or any other child;
- The prior record of the child for out-of-control or delinquent behavior;
- The parents’ cooperation with the child’s school;
- The child’s functioning at school;
- The nature of the child’s home environment;
- The history of involvement of any agencies or professionals with the child and their family;
- Any services or community agencies that are available to assist the child and their family;
- A statement by any counsel currently representing the child; and
- A statement by any CASA volunteer currently appointed for the child.11
Exception for dual status minors
Thanks to a law enacted in 2005, Assembly Bill No. 129, there is now a way a child can maintain “dual status” and thus benefit from services provided by both the dependency and delinquency systems.
Local probation and social services departments, in conjunction with the juvenile court presiding judge, can develop “local protocols” to implement the dual status option.12
Dual status programs can be of two types:
- on hold, where dependency status gets suspended (but not terminated) while delinquency status plays out.
- lead agency, where either probation or social services takes the lead for caring for the minor, but each play a role.13
Dual status can benefit a troubled teen in the time period after completion of probation, when the teen will likely need additional services to get back on the right track.
Additional Resources
- Center of Juvenile and Criminal Justice – Nonprofit organization that works to reduce society’s reliance on incarceration as a solution to social problems.
- Ella Baker Center Books Not Bars Campaign – Youth-led movement advocating for alternatives to youth incarceration and the redirection of resources from prisons to education and youth services.
- Youth Law Center – Public interest law firm that works to protect the rights of children in the juvenile justice and child welfare systems and to ensure that they receive the necessary support and services for healthy development.
- Juvenile Law Center – Public interest law firm that advocates for rights, dignity, equity and opportunity for youth in the child welfare and justice systems through litigation, appellate advocacy and submission of amicus (friend-of-the-court) briefs, policy reform, public education, training, consulting, and strategic communications.
- Burns Institute For Juvenile Justice & Equity – National nonprofit organization that works to eliminate racial and ethnic disparities in the juvenile justice system through research, advocacy, technical assistance, and training.
- Youth Justice Coalition – Youth-led organization that works to challenge race, gender and class inequality in the Los Angeles County juvenile justice system.
- Fair Sentencing for Youth – National campaign that seeks to end the practice of sentencing children to life in prison without the possibility of parole and to provide sentencing review for those currently serving such sentences.
Also see our related articles on Police Questioning of Minors in California Delinquency Cases, Rights of Parents in California Delinquency Cases, Transfer Hearings in California, Disposition (Sentencing) Hearings in California Juvenile Court, Probation in California Juvenile Court Cases, The Juvenile Court Process in California, Sealing Your California Juvenile Records, and Juvenile Crimes that Count as Strikes under California’s Three Strikes Law.
Legal References
- LADA Special Directive 20-09.
- California Welfare & Institutions Code Section 203.
- California Welfare & Institutions Code Section 202.
- Same.
- California Welfare & Institutions Code Section 602.
- California Welfare & Institutions Code Section 300
- 2024 Court Statistics Report, Statewide Caseload Trends, Judicial Council of California.
- California Welfare & Institutions Code Section 241.1.
- California Rule of Court 5.512.
- Same.
- California Rule of Court 5.512(d).
- See note 8. See also In re Donald S. (1988) 206 Cal.App.3d 134 (“The reality is that a child may be adjudged a dependent child and removed from his parents’ home, subsequently engage in conduct which causes him to be adjudicated a status offender, and in a deteriorating set of circumstances, finally commit a crime, which provides the basis for his adjudication as a delinquent child. In such a scenario, the child passes from the category of dependent (§ 300) to status offender (§ 601) to delinquent (§ 602).”).
- California Welfare & Institutions Code Section 366.5. See, for example, Riverside W&I 241.1/AB 129 protocol.