Juvenile court: procedure.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill clarifies that a juvenile court dismissal under Section 782 of the Welfare and Institutions Code is treated as if the original petition never occurred. It prohibits future negative consequences for a minor based on a dismissed adjudication and specifies that a dismissal includes both dismissal of the petition and the setting aside of any findings. The bill also reaffirms the intent of previous legislation regarding these dismissals and clarifies the relationship between dismissals and sealing of records.
Key provisions
- A dismissed juvenile petition is treated as if it never occurred, preventing future adverse consequences for the minor.
- The bill prohibits future inquiries or actions based on a dismissed adjudication.
- A dismissal of a sustained petition is considered equivalent to both dismissal of the petition and the setting aside of any findings.
- The court must consider mitigating circumstances when deciding whether to dismiss a petition.
- The bill clarifies that dismissal under Section 782 does not automatically seal records.
- It reaffirms the legislative intent of previous laws regarding dismissals and sealing.
- The bill specifies that a dismissal does not relieve a minor of restitution obligations.
Who is affected
- Juveniles
- Juvenile Court Judges
- Parents of Juveniles
- Defense Attorneys
- Child Welfare Agencies
Bill text
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