“Disposition” (Sentencing) Hearings in Juvenile Cases

A disposition hearing in juvenile court is the equivalent of a sentencing hearing in adult court. Your child has been found to have committed a delinquent act 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. These can range from informal probation and counseling to placement in a Secure Youth Treatment Facility (SYTF) for the most serious cases. The judge formulates a disposition that is tailored to your child to help them become rehabilitated.

In this article, our Los Angeles juvenile defense attorneys will address the following key issues regarding disposition hearings in California:

• 1. Sentencing Factors
• 2. Timing of The Hearing
• 3. Possible Outcomes
• Frequently Asked Questions
• Additional Reading
• Additional Resources

1. Sentencing Factors

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. Timing of The Hearing

Suppose the judge has all the necessary information to make a sentencing decision at the time of the adjudication hearing (trial). In that case, the disposition hearing can take place immediately after the verdict is rendered. Otherwise, the disposition can be postponed to:

• have your child undergo a psychological evaluation,
• give the probation officer time to complete their social study and recommendation, 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 disposition.

If your child is detained, the disposition hearing generally must be held promptly and within 10 judicial days of the adjudication hearing unless the court grants a lawful continuance. If your child is not detained, the court may continue the hearing for a longer period allowed by law.²

3. Possible Outcomes

Possible sentencing options at California disposition hearings include:

• dismissal of the case “in the interest of justice” under W&I Sec. 782,
• informal probation without declaring your child a ward of the court under Welfare & Institutions Code 725,
• deferred entry of judgment (DEJ) under W&I Sec. 790, which means the charge may be dismissed if your child follows the judge’s terms and conditions,
• suitable placement in a foster home, relative’s home, group home, or other court-approved placement,
• formal probation at home,
• placement in a county probation camp, ranch, or other county juvenile program, or
• commitment to a county-operated Secure Youth Treatment Facility (SYTF) for eligible serious offenses.

Other terms and conditions can involve restitution, community service, mandatory school attendance, curfew restrictions, substance abuse counseling, mental health treatment, anger management classes, and stay-away orders, among others.

A Secure Youth Treatment Facility is generally reserved for more serious cases. To commit a youth to an SYTF, the court must make findings required by Welfare & Institutions Code section 875, including that:

• the youth is eligible,
• a less restrictive alternative would not meet the goals of rehabilitation and community safety, and
• the commitment will probably benefit the youth.³

Frequently Asked Questions

Can parents submit evidence before a juvenile disposition hearing?

Yes. Parents and guardians may submit documents, letters of support, school records, counseling records, and other mitigating evidence for the judge to consider when determining an appropriate disposition.

Evidence showing a stable home environment, academic success, community involvement, or rehabilitation efforts can help support a less restrictive outcome.

What is a probation officer’s social study report?

Before many disposition hearings, the probation department prepares a social study report. The report typically summarizes the juvenile’s background, family situation, school performance, prior delinquency history, and rehabilitation needs.

The probation officer may also recommend a particular disposition for the court to consider.

Can a victim speak at a juvenile disposition hearing?

Yes. Crime victims generally have the right to attend disposition hearings and be heard regarding the impact of the offense. The court may consider victim statements when determining an appropriate disposition.

Can a juvenile speak at their own disposition hearing?

Yes. A juvenile may choose to address the court at the disposition hearing. Although the minor cannot be punished for maintaining innocence or exercising constitutional rights, the judge may consider statements showing accountability, remorse, rehabilitation efforts, and future goals.

Can the judge order a psychological evaluation before disposition?

Yes. If the court believes mental health issues, developmental concerns, substance abuse issues, or other underlying conditions may have contributed to the offense, the judge may order a psychological or other professional evaluation before deciding the disposition.

The results can influence the services and treatment programs ordered by the court.

What happens after a juvenile disposition hearing?

After disposition, the juvenile must comply with any court-ordered conditions. Depending on the case, this may include probation supervision, counseling, treatment programs, community service, restitution, school attendance requirements, or placement in a residential or secure facility.

The court often schedules review hearings to monitor the juvenile’s progress.

Can a juvenile disposition order be modified later?

In many cases, yes. Juvenile courts generally retain jurisdiction over delinquency matters and may modify probation conditions, placement orders, and other aspects of a disposition as authorized by law.

What is the least restrictive disposition available in juvenile court?

One of the least restrictive outcomes is informal probation under Welfare and Institutions Code section 725. In many cases, the juvenile is allowed to remain at home and complete court-ordered conditions without being declared a ward of the court.

Successful completion can help the juvenile avoid more serious consequences.

What is the difference between an adjudication hearing and a disposition hearing?

An adjudication hearing determines whether the allegations in the juvenile petition are true. A disposition hearing occurs afterward and determines the appropriate consequences, treatment, supervision, or placement for the minor.

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.

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.

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Legal References