Penal Code Section 1170.17 adds descriptions to the five fitness criteria a
juvenile court must consider in deciding whether a minor is fit for juvenile court rather
than adult court. The new descriptions focus on age, maturity, intellectual
capacity, potential to grow and mature and adequacy of services previously provided.
Welfare and Institutions Code Section 739.5 states that the Judicial Council
by July 1, 2016 is to develop rules of court and forms for the administration
of psychotropic medication to juvenile wards. The system is to include
periodic oversight by the court.
Welfare and Institutions Code Section 782 says the Court may not cite unpaid
restitution fines and court-ordered fees as a reason not to seal a juvenile’s
record. The court may consider failure to pay victim restitution, but
it is not a bar to sealing. An unpaid fine or fee, however, cannot be
considered by the court when deciding whether to grant sealing.
Welfare and Institutions Code Section 903.3 provides that the juvenile’s
family is not responsible for paying the $150 fee related to record sealing.
Only a non-indigent client who is now at least 26 years old must pay.
Welfare and Institutions Code Section 831 prohibits the disclosure of juvenile
information to federal officials absent a juvenile court order pursuant
to W & I 827. The law provides that juvenile court records are confidential
regardless of a juvenile’s immigration status.
If your child or family member is arrested or charged with a crime in Juvenile
Court or is being investigated by Probation or Law Enforcement,
contact The McGuire Law Corporation.