(a) Except as provided in subdivision (d), in any case in which a contempt consists of the refusal of a minor under 16 years of age to take the oath or to testify, before imposing any sanction for the contempt, the court shall first refer the matter to the probation officer in charge of matters coming before the juvenile court for a report and recommendation as to the appropriateness of the imposition of a sanction. The probation officer shall prepare and file the report and recommendation within the time directed by the court. In making the report and recommendation, the probation officer shall consider factors such as the maturity of the minor, the reasons for the minor's refusal to take the oath or to testify, the probability that available sanctions will affect the decision of the minor not to take the oath or not to testify, the potential impact on the minor of his or her testimony, the potential impact on the pending litigation of the minor's unavailability as a witness, and the appropriateness of the various available sanctions in the minor's case. The court shall consider the report and recommendation in imposing a sanction in the case.
§ 1219.5.Refusal of Minor 16 Years of Age to Take Oath and Testify
Title 5. Of Contempts · Last amended 2013 · Last verified July 29, 2026
In one sentenceSection 1219.5 requires a probation officer's report and recommendation before a court sanctions a minor under 16 for refusing to testify or take an oath, directs any secure placement to be a last resort, and lets the court skip the report or the least-restrictive-placement step if it finds the minor is likely to flee.
Full Text of § 1219.5
(b) A victim of a sex crime who is subject to subdivision (a) shall meet with a victim advocate, as defined in Section 679.04 of the Penal Code, unless the court, for good cause, finds that it is not in the best interest of the victim.
(c) In any case in which the court orders the minor to be placed outside of his or her home, the placement shall be in the least restrictive setting available. Except as provided in subdivision (e), the court shall not order the minor to be placed in a secure facility unless other placements have been made and the minor has fled the custody and control of the person under the control of whom he or she has been placed or has persistently refused to obey the reasonable and proper orders or directions of the person under the control of whom he or she has been placed.
(d) The court may impose a sanction for contempt prior to receipt of the report and recommendation required by subdivision (a) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released before the receipt of the report and recommendation.
(e) The court may order the minor placed in a secure facility without first attempting the nonsecure placement required by subdivision (c) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released to nonsecure placement as a prerequisite to secure confinement.
Plain-English Summary
This section slows down contempt proceedings against a young witness. Before sanctioning a minor under 16 for refusing to take the oath or testify, the court ordinarily must first send the matter to the probation officer handling juvenile court matters, who reports back on factors like the minor's maturity, the reasons behind the refusal, whether a sanction would likely change the minor's mind, and the effect on both the minor and the pending case.
A minor who is a victim of a sex crime and subject to this section must also meet with a victim advocate before sanctions, unless the court finds good cause that meeting isn't in the minor's best interest. If the court does order the minor placed outside the home, that placement has to be the least restrictive option available -- a secure facility is off the table unless a less restrictive placement already failed because the minor fled it or persistently disobeyed reasonable directions there.
Two exceptions let the court move faster. If the court finds, based on specific facts on the record, that the minor would likely flee before the probation report comes back, it can sanction the minor without waiting for that report. And if the court finds the minor would likely flee even a nonsecure placement, it can order secure placement without first trying the less restrictive option.
Frequently Asked Questions
Does a young witness have to be sanctioned right away for refusing to testify?
No. Section 1219.5(a) requires the court to refer the matter to a probation officer for a report and recommendation before imposing a sanction on a minor under 16, unless the flight-risk exception in subdivision (d) applies.
Is a minor witness who is a sex crime victim entitled to any support before being sanctioned?
Yes. Subdivision (b) requires that minor to meet with a victim advocate first, unless the court finds good cause that meeting isn't in the minor's best interest.
Can a court skip the probation report if the minor is a flight risk?
Yes. Subdivision (d) allows the court to impose a sanction before receiving the report if it finds, on specific facts in the record, that the minor would likely flee.
Amendment History
Amended by Stats 2012 ch 223 (SB 1248),s 1, eff. 1/1/2013.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: minor refuses to testify california contemptchild witness contempt californiaprobation officer report contempt minor california