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Under this code section, the minor would admit the facts of the petition but would not be declared a ward of the court. If the minor completes the DEJ, the case will be dismissed.
If the minor is alleged to have violated the grant of DEJ, the minor can be declared a ward of the court and be placed on probation. The minor is entitled to a formal contested disposition hearing if the Court wants to remove the child from his or her parents home. If the juvenile offender has been declared a ward of the court and has been placed home on probation, the probation officer assigned to the minor would notify the Court and the District Attorney about the alleged probation violation.
The District Attorney would file a petition pursuant to Welfare and Institutions Code Section to revoke and terminate probation. The minor is entitled to a formal hearing to challenge the probation violation. The probation officer will prepare a report and will make a recommendation regarding whether or not the minor should be removed from home. In addition, the minor can call witnesses and present evidence. The People have a lower burden at a probation violation hearing than at trial and must only prove that the minor violated probation by a preponderance of the evidence.
If the judge finds that the minor has violated probation, the minor may face one of several different outcomes. While children are recognized to have underdeveloped cognitive abilities, many juvenile courts hold youth to an absolute compliance standard, rather than a substantial compliance one. Juvenile defenders have an obligation to advocate for achievable conditions of probation at disposition. Despite the oftentimes low burden of proof, defenders must consider challenging every violation allegations.
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