Juvenile Detention and Bail in California

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

Your child was picked up by police. You are scared, and you want to know how to bring your child home. The first thing to know is that the juvenile system in California does not work like adult bail. In most cases there is no bail to post and no bond to buy. Instead there are other steps, and parents are an important part of them.

This guide explains what usually happens, using the California Welfare and Institutions Code, and what parents can do. It also explains when adult rules can apply. We are a bail agent, and we will tell you plainly when a bond is not the tool you need.

Why juveniles generally do not get bail

Bail is part of the adult criminal system. Juvenile court is a different court with a different purpose. A minor who is accused of breaking the law is handled under the juvenile court law, and the question after an arrest is whether the minor should be released to a parent or kept in juvenile hall until the court looks at the case. That is called detention. It is decided by the probation officer first and then by a judge or referee.

Because of that, a bail bond is generally not how a minor gets released in juvenile court. A bond agent cannot buy a child out of juvenile hall the way an adult can be bonded out of jail. What gets a child home is a decision to release to a parent or guardian, often with conditions. That is why parents matter so much.

There are exceptions that a lawyer must explain. A young person who is charged in adult court, which happens only in limited situations under the law, follows adult rules, including bail. And a person who is 18 or older, even if the crime happened when they were younger, may be in the adult system. Ask the lawyer which court the case is in.

What happens when a minor is taken into custody

Welfare and Institutions Code section 625 lets a peace officer take a minor into temporary custody without a warrant in three situations. The officer has reasonable cause to believe the minor is described in section 601 or 602, which cover truancy and other status matters and criminal law violations. Or the minor is already a ward of the court or subject to certain orders and the officer believes the minor violated an order or escaped from a commitment. Or the minor is under 18 and found in a public place with a sickness or injury needing care. When a minor is taken into custody on the first two grounds, the officer must advise the minor of their rights, including the right to remain silent and the right to counsel.

That means a parent should do the following right away.

• Ask the officer or the facility where the child is held, and write down the name and number.
• Tell your child to stay calm, be polite and not talk about the facts with police without a lawyer.
• Ask for the juvenile court's intake or the probation department.
• Do not argue with the officers. Ask questions calmly.

Release to a parent comes first

Welfare and Institutions Code section 628 says that when a minor is delivered to the probation officer, the officer shall immediately investigate and shall immediately release the minor to the custody of a parent, legal guardian or responsible relative unless it can be shown that continuing in the home is contrary to the minor's welfare and one or more listed conditions exist. The conditions are these.

1. Continued detention is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of another person or property.
2. The minor is likely to flee the jurisdiction of the court.
3. The minor has violated an order of the juvenile court.

The statute puts the burden the other way from what many parents fear. The starting point is release to a parent. Detention is the exception, and it needs a reason.

This is a big difference from adult bail. The key question is not money. It is whether the minor can safely go home and whether the parent can supervise. Your attitude and readiness help. Being reachable, being calm and having a plan for supervision matter.

The detention hearing

If the minor is not released, there must be a hearing. Welfare and Institutions Code section 632 says that, unless the minor is released sooner, a minor taken into custody must, as soon as possible and in any event before the end of the next judicial day after a petition to declare the minor a ward has been filed, be brought before a judge or referee for a detention hearing. For certain nonviolent misdemeanors where the minor is not on probation or parole, the hearing must be held within 48 hours after custody, excluding nonjudicial days, after a petition is filed. If the minor is not brought before the court within the time allowed, the minor shall be released.

At the hearing, section 635 says the court will examine the minor and the parent or guardian, hear relevant evidence and order the minor released unless it appears that the minor violated a court order or escaped a commitment, or that detention is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary to protect another person or property, or the minor is likely to flee. The circumstances and gravity of the alleged offense may be considered with other factors. The court shall also release the minor unless a prima facie showing has been made that the minor is a person described in section 601 or 602.

Section 635 also says that a minor must get equal consideration for release on home supervision, which may include electronic monitoring, regardless of whether the minor lives in the county where the offense occurred. The court can order home supervision with or without electronic monitoring.

What parents can do now

1. Be reachable. Probation will call. Answer, or call back at once.
2. Go to the hearing. A parent's presence matters. Dress neatly and arrive early.
3. Ask for a lawyer. Minors have a right to counsel. If you cannot afford one, the court appoints a lawyer, often a public defender. Our resources directory lists free legal help.
4. Bring facts. School records, a letter from a teacher or coach, proof of address and a plan for supervision.
5. Plan for home supervision. Who watches the child after school, how will the child get to school, what rules will the household set.
6. Set up any needed services. Counseling, tutoring, a mentor or a treatment program, if the lawyer says it helps.
7. Do not discuss the case with the minor on recorded calls in juvenile hall.
8. Do not talk to other families about the case, and do not post online.

Parents sometimes ask if they can pay to get a child out. In juvenile court, release is about the decision, not payment. Be careful of anyone who says they can buy your child's release. Ask the lawyer. Our guide on what to do after an arrest in Los Angeles has a general checklist, and find someone in jail in Los Angeles shows where to look for adult records, though juvenile records are handled differently.

Talking with your child and what comes next

A child in custody needs two things from a parent, calm and honesty. Say you love them, say you are working on it and say you will be at the hearing. Avoid questions about what happened on any recorded line. Save those talks for the lawyer's office or a private visit, and let the lawyer lead.

After the detention hearing the case continues in juvenile court. Whether the minor goes home or stays, there will be more hearings, and the lawyer will explain the steps and the choices. Keep every paper, write down every date and keep the school informed as the lawyer advises. If your child is released on home supervision, treat the rules as a family project. Put the curfew on the fridge, agree on phone rules and plan rides. Judges notice when a household has a plan.

Siblings need care too, and so do you. Ask a friend or relative to take some of the daily load, such as school pickups or meals, so you can make calls and attend hearings without falling apart. Parents who are rested make clearer choices. Younger children may be scared. A short, honest explanation helps, and so does keeping their routine as normal as possible.

What if your child is 18 or tried as an adult

A person who is 18 or older is generally an adult for arrest and bail, even if still in high school. In that case, the usual rules apply, and our guides on how bail works in Los Angeles and what happens at arraignment will help. For minors charged in adult court, a lawyer must explain the rules. Call us if bail is set and a bond is possible.

Where we can help

We cannot bail a child out of juvenile hall. But we can help a family understand the system, and we can help if the situation turns out to be an adult case. We can also help with a related adult, such as an older sibling or a parent, who is also in custody. {{PREMIUM}} {{PREG}}

Jane Un is often in court with families, and she knows how frightening a child's arrest is. We will always tell you what we can and cannot do. {{CALL}}

We are bail agents, not lawyers, and this page is general information and not legal advice. For advice about a specific case, speak with your lawyer or the public defender. Free help is listed in our resources directory.