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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 7§ 311 Minor Detention Hearing Rights

§ 311 Minor Detention Hearing Rights

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 311 Minor Detention Hearing Rights

Key Takeaways

  • •If a probation officer decides a kid should stay in custody, they must file a petition right away with the juvenile court.
  • •The court will then set a hearing to decide if the kid should stay in custody.
  • •At the hearing, the kid, parents, or guardians don’t have to say anything that could get them in trouble.
  • •They also have the right to question anyone who talks to the court about the case.

Example

A 16-year-old gets in trouble for stealing a bike. The probation officer thinks the teen should stay in custody instead of going home.

The probation officer files a petition with the juvenile court, and the court sets a hearing. At the hearing, the teen and their parents can stay quiet if they want, and they can ask questions to anyone who speaks against them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 311 Minor Detention Hearing Rights

(a) If the probation officer determines that the minor shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court who shall set the matter for hearing on the detention hearing calendar. (b) In the hearing, the child, parents, or guardians have a privilege against self-incrimination and have a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 319. (Amended by Stats. 2002, Ch. 416, Sec. 2. Effective January 1, 2003.)

Last verified: January 23, 2026

Key Terms

probationdetentioncustodyhearingpetitionquestionincriminationconfrontation

Related Statutes

  • § 630 Minor Detention Hearing Process
  • § 290.1 Juvenile Detention Notice Requirements
  • § 315 Child Detention Hearing Rules
  • § 658 Juvenile Court Notice Requirements
  • § 290.2 Juvenile Court Notice Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 311.
View Official Source