CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Waiver-Retention of Juv. Ct. Jurisdiction
7 Cards On This Topic:
  • Failure to make timely challenge to improper certification of minor results in waiver.
  • Juvenile ct. retains exclusive jurisdiction over minor under 16 at time of commission of crime, notwithstanding subsequent determination on later petition that minor unfit.
  • Adult who didn’t assert until after trial he was minor at time of offense waived benefit of juvenile law as to trial but not sentencing.
  • Juvenile court has jurisdiction to modify current wardship based upon acts committed after ward age 18.
  • Minor who reaches 18 before jurisdictional hearing may petition to be found unfit under juvenile law for offenses committed prior to 18.
  • Adult who was juvenile at time of offenses must move for declaration of unfitness.
  • No absolute right to be determined unfit for juvenile court when over 18 at time of trial; court must balance Welf. & Inst. Code §707 criteria in exercising discretion.