The Welfare and Institutions Code (WIC) are the laws, rules, and regulations pertaining to youth. The prominent difference between the following types of probation is non-wardship vs. wardship. Wardship Probation means that the Court has jurisdiction over youth who commit offenses between ages 12-17. This means the court can take primary responsibility for a youth’s rehabilitation and treatment and may maintain jurisdiction up to the age of 21. In addition, wardship probation allows Probation to remove a youth from their home if necessary.
- 654 WIC – Informal Probation/Diversion: Probation has determined that the youth may benefit from services. This is a voluntary agreement between the probation officer, the youth, and the parents only. The youth may be placed on informal probation for up to six months. If the youth successfully completes, his/her obligations, the case is closed successfully and sealed. If the youth is unsuccessfully, Probation may make a referral to the District Attorney’s office for a formal petition to the Juvenile Court.
- 654.2 WIC – Informal Probation: The District Attorney’s Office has filed a formal petition with the Juvenile Court. However, the Court has decided that instead of proceeding with the matter, the case is placed on hold to allow the youth to participate in a six-month period of supervision with Probation. The Court or Probation will impose specific terms and conditions that must be followed. If the youth successfully completes the program, the Court will dismiss the pending charges, and the case is closed successfully and sealed. If the youth is unsuccessfully, the Court may reinstate Court proceedings and proceed to disposition of the case.
- 725(a) WIC – Non-Wardship Probation: The Court has determined that the youth violated the law and is placed on probation for a period of six months. The Court imposes a series of terms and conditions that must be followed in order to successfully terminate the probation term. If the youth successfully abides by the terms imposed, the case is then closed successfully and sealed. If the youth is unsuccessful, the Court may impose a higher level of supervision.
- 790 WIC – Deferred Entry of Judgment Probation: The Court determined that the youth committed a felony and places him/her on probation for a period not to exceed 36 months. However, the youth must meet certain criteria before he/she can be placed on this type of probation.
- 602 WIC – Wardship “Formal” Probation: The Court determined that the youth violated the law, declared them a ward of the Court and placed him/her on formal probation under the supervision of the Probation. The Court may maintain jurisdiction of the youth up to the age of 21 years of age. Youth committed to the Secure Youth Treatment Facility may remain a ward of the Court until age 23 or 25 depending on the offense. The Court will require youth to follow a set of terms and conditions that outlines youth responsibilities and the Court’s expectations while on probation supervision. Failure to comply with the terms and conditions may result in the youth being removed from the home.