Rule 5.516.Factors to consider

Three decisions, three lists, and the overlap between them is the point: the same facts pull differently depending on which option is being weighed.

For settling at intake, the officer considers whether there is sufficient evidence to bring the child within the court’s jurisdiction; where the conduct is not serious, whether the child has previously presented significant problems at home, school or in the community; whether the matter arose from a temporary family problem that has been or can be resolved; whether a community resource can offer services to prevent removal; the attitudes of the child, parent and affected persons; the child’s age, maturity and capabilities; any dependency or delinquency history; the referring party’s recommendation; and anything else consistent with the child’s welfare and the public’s protection.

For informal supervision, the emphasis shifts to whether supervision would help: whether the child has had a problem indicating some supervision would be desirable, whether the family seems able to resolve the matter with the officer’s help and without formal court action, and whether further observation or evaluation is needed before deciding.

For filing a petition, the list turns to seriousness and risk: whether the fitness criteria are present, whether the conduct would be a felony, whether it involved physical harm or the threat of it, whether the child is already a ward or dependent, whether there is a threat to the child’s physical or emotional health, whether a chronic serious family problem persists after other efforts, whether the child is on probation or parole, and whether other referrals or petitions are pending.

A final subdivision handles a case certified down from adult court: the certification, accusatory pleading, police reports and order go immediately to the juvenile court clerk, who notifies the probation officer to investigate at once — and a child under 18 in custody must immediately be transported to the juvenile detention facility.