Bill Text: CA AB1945 | 2015-2016 | Regular Session | Chaptered
Bill Title: Juveniles: sealing of records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 858, Statutes of 2016. [AB1945 Detail]
Download: California-2015-AB1945-Chaptered.html
BILL NUMBER: AB 1945 CHAPTERED
BILL TEXT
CHAPTER 858
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 23, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Mark Stone
FEBRUARY 12, 2016
An act to amend Sections 786, 827, 827.9, and 828 of the Welfare
and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1945, Mark Stone. Juveniles: sealing of records.
(1) Existing law subjects a person under 18 years of age who
commits a crime to the jurisdiction of the juvenile court, which may
adjudge that person to be a ward of the court, except as specified.
Under existing law, juvenile court proceedings to declare a minor a
ward of the court are commenced by the filing of a petition by the
probation officer, the district attorney after consultation with the
probation officer, or the prosecuting attorney, as specified.
Existing law requires the juvenile court to order the petition of a
minor who is subject to the jurisdiction of the court dismissed if
the minor satisfactorily completes a term of probation or an informal
program of supervision, as specified, and requires the sealing of
records pertaining to that dismissed petition, as specified. Existing
law specifies circumstances under which a record that has been
ordered sealed pursuant to these provisions may be accessed,
inspected, or utilized.
This bill would allow a child welfare agency of a county
responsible for the supervision and placement of a minor or nonminor
dependent to access a record that has been ordered sealed for the
limited purpose of determining an appropriate placement or service.
(2) Existing law governs the circumstances under which a juvenile
court case file may be disseminated and to whom. Existing law governs
the dissemination of juvenile police records in the County of Los
Angeles. Existing law governs the dissemination of information
gathered by a law enforcement agency relating to the taking of a
minor into custody.
This bill would clarify that a case file that has been covered by,
or included in, an order of a court sealing a record under specified
provisions of law may only be inspected pursuant to those provisions
of law. The bill would make conforming changes regarding the
dissemination of juvenile police records in the County of Los Angeles
and information gathered by a law enforcement agency relating to the
taking of a minor into custody to preclude the dissemination of
sealed records under those provisions that have been sealed pursuant
to a specified provision of law.
(3) This bill would incorporate additional changes to Section 827
of the Welfare and Institutions Code proposed by AB 2872 that would
become operative if this bill and AB 2872 are chaptered and this bill
is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 786 of the Welfare and Institutions Code is
amended to read:
786. (a) If a person who has been alleged or found to be a ward
of the juvenile court satisfactorily completes (1) an informal
program of supervision pursuant to Section 654.2, (2) probation under
Section 725, or (3) a term of probation for any offense, the court
shall order the petition dismissed. The court shall order sealed all
records pertaining to the dismissed petition in the custody of the
juvenile court, and in the custody of law enforcement agencies, the
probation department, or the Department of Justice. The court shall
send a copy of the order to each agency and official named in the
order, direct the agency or official to seal its records, and specify
a date by which the sealed records shall be destroyed. Each agency
and official named in the order shall seal the records in its custody
as directed by the order, shall advise the court of its compliance,
and, after advising the court, shall seal the copy of the court's
order that was received. The court shall also provide notice to the
person and the person's counsel that it has ordered the petition
dismissed and the records sealed in the case. The notice shall
include an advisement of the person's right to nondisclosure of the
arrest and proceedings, as specified in subdivision (b).
(b) Upon the court's order of dismissal of the petition, the
arrest and other proceedings in the case shall be deemed not to have
occurred and the person who was the subject of the petition may reply
accordingly to an inquiry by employers, educational institutions, or
other persons or entities regarding the arrest and proceedings in
the case.
(c) (1) For purposes of this section, satisfactory completion of
an informal program of supervision or another term of probation
described in subdivision (a) shall be deemed to have occurred if the
person has no new findings of wardship or conviction for a felony
offense or a misdemeanor involving moral turpitude during the period
of supervision or probation and if he or she has not failed to
substantially comply with the reasonable orders of supervision or
probation that are within his or her capacity to perform. The period
of supervision or probation shall not be extended solely for the
purpose of deferring or delaying eligibility for dismissal of the
petition and sealing of the records under this section.
(2) An unfulfilled order or condition of restitution, including a
restitution fine that can be converted to a civil judgment under
Section 730.6 or an unpaid restitution fee shall not be deemed to
constitute unsatisfactory completion of supervision or probation
under this section.
(d) A court shall not seal a record or dismiss a petition pursuant
to this section if the petition was sustained based on the
commission of an offense listed in subdivision (b) of Section 707
that was committed when the individual was 14 years of age or older
unless the finding on that offense was dismissed or was reduced to a
lesser offense that is not listed in subdivision (b) of Section 707.
(e) (1) The court may, in making its order to seal the record and
dismiss the instant petition pursuant to this section, include an
order to seal a record relating to, or to dismiss, any prior petition
or petitions that have been filed or sustained against the
individual and that appear to the satisfaction of the court to meet
the sealing and dismissal criteria otherwise described in this
section.
(2) An individual who has a record that is eligible to be sealed
under this section may ask the court to order the sealing of a record
pertaining to the case that is in the custody of a public agency
other than a law enforcement agency, the probation department, or the
Department of Justice, and the court may grant the request and order
that the public agency record be sealed if the court determines that
sealing the additional record will promote the successful reentry
and rehabilitation of the individual.
(f) (1) A record that has been ordered sealed by the court under
this section may be accessed, inspected, or utilized only under any
of the following circumstances:
(A) By the prosecuting attorney, the probation department, or the
court for the limited purpose of determining whether the minor is
eligible and suitable for deferred entry of judgment pursuant to
Section 790 or is ineligible for a program of supervision as defined
in Section 654.3.
(B) By the court for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C) If a new petition has been filed against the minor for a
felony offense, by the probation department for the limited purpose
of identifying the minor's previous court-ordered programs or
placements, and in that event solely to determine the individual's
eligibility or suitability for remedial programs or services. The
information obtained pursuant to this subparagraph shall not be
disseminated to other agencies or individuals, except as necessary to
implement a referral to a remedial program or service, and shall not
be used to support the imposition of penalties, detention, or other
sanctions upon the minor.
(D) Upon a subsequent adjudication of a minor whose record has
been sealed under this section and a finding that the minor is a
person described by Section 602 based on the commission of a felony
offense, by the probation department, the prosecuting attorney,
counsel for the minor, or the court for the limited purpose of
determining an appropriate juvenile court disposition. Access,
inspection, or use of a sealed record as provided under this
subparagraph shall not be construed as a reversal or modification of
the court's order dismissing the petition and sealing the record in
the prior case.
(E) Upon the prosecuting attorney's motion, made in accordance
with Section 707, to initiate court proceedings to determine the
minor's fitness to be dealt with under the juvenile court law, by the
probation department, the prosecuting attorney, counsel for the
minor, or the court for the limited purpose of evaluating and
determining the minor's fitness to be dealt with under the juvenile
court law. Access, inspection, or use of a sealed record as provided
under this subparagraph shall not be construed as a reversal or
modification of the court's order dismissing the petition and sealing
the record in the prior case.
(F) By the person whose record has been sealed, upon his or her
request and petition to the court to permit inspection of the
records.
(G) By the probation department of any county to access the
records for the limited purpose of meeting federal Title IV-B and
Title IV-E compliance.
(H) The child welfare agency of a county responsible for the
supervision and placement of a minor or nonminor dependent may access
a record that has been ordered sealed by the court under this
section for the limited purpose of determining an appropriate
placement or service that has been ordered for the minor or nonminor
dependent by the court. The information contained in the sealed
record and accessed by the child welfare worker or agency under this
subparagraph may be shared with the court but shall in all other
respects remain confidential and shall not be disseminated to any
other person or agency. Access to the sealed record under this
subparagraph shall not be construed as a modification of the court's
order dismissing the petition and sealing the record in the case.
(2) Access to, or inspection of, a sealed record authorized by
paragraph (1) shall not be deemed an unsealing of the record and
shall not require notice to any other agency.
(g) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution ordered
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, restitution fines, and
court-ordered fines and fees because the minor's records are sealed.
(2) A victim or a local collection program may continue to enforce
victim restitution orders, restitution fines, and court-ordered
fines and fees after a record is sealed. The juvenile court shall
have access to records sealed pursuant to this section for the
limited purpose of enforcing a civil judgment or restitution order.
(h) This section does not prohibit the State Department of Social
Services from meeting its obligations to monitor and conduct periodic
evaluations of, and provide reports on, the programs carried under
federal Title IV-B and Title IV-E as required by Sections 622, 629 et
seq., and 671(a)(7) and (22) of Title 42 of the United States Code,
as implemented by federal regulation and state statute.
(i) The Judicial Council shall adopt rules of court, and shall
make available appropriate forms, providing for the standardized
implementation of this section by the juvenile courts.
SEC. 2. Section 827 of the Welfare and Institutions Code is
amended to read:
827. (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) The minor's parents or guardian.
(E) The attorneys for the parties, judges, referees, other hearing
officers, probation officers, and law enforcement officers who are
actively participating in criminal or juvenile proceedings involving
the minor.
(F) The county counsel, city attorney, or any other attorney
representing the petitioning agency in a dependency action.
(G) The superintendent or designee of the school district where
the minor is enrolled or attending school.
(H) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
(I) The State Department of Social Services, to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12, of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements, Section 10850.4, and paragraph (2).
(J) Authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
community care facilities, and to ensure that the standards of care
and services provided in those facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facilities are subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 3
(commencing with Section 1500) and Chapter 3.4 (commencing with
Section 1596.70) of Division 2 of the Health and Safety Code, or a
criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
may not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations. Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services may not contain the name of the minor.
(K) Members of children's multidisciplinary teams, persons, or
agencies providing treatment or supervision of the minor.
(L) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code,
and counsel appointed for the minor in the family law case pursuant
to Section 3150 of the Family Code. Prior to allowing counsel
appointed for the minor in the family law case to inspect the file,
the court clerk may require counsel to provide a certified copy of
the court order appointing him or her as the minor's counsel.
(M) A court-appointed investigator who is actively participating
in a guardianship case involving a minor pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate Code and
acting within the scope of his or her duties in that case.
(N) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.
(O) Juvenile justice commissions as established under Section 225.
The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
(P) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
(2) (A) Notwithstanding any other law and subject to subparagraph
(A) of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, that pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection. Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary. Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing by a
preponderance of evidence that release of the juvenile case file or
any portion thereof is detrimental to the safety, protection, or
physical or emotional well-being of another child who is directly or
indirectly connected to the juvenile case that is the subject of the
petition.
(B) This paragraph represents a presumption in favor of the
release of documents when a child is deceased unless the statutory
reasons for confidentiality are shown to exist.
(C) If a child whose records are sought has died, and documents
are sought pursuant to this paragraph, no weighing or balancing of
the interests of those other than a child is permitted.
(D) A petition filed under this paragraph shall be served on
interested parties by the petitioner, if the petitioner is in
possession of their identity and address, and on the custodian of
records. Upon receiving a petition, the custodian of records shall
serve a copy of the request upon all interested parties that have not
been served by the petitioner or on the interested parties served by
the petitioner if the custodian of records possesses information,
such as a more recent address, indicating that the service by the
petitioner may have been ineffective.
(E) The custodian of records shall serve the petition within 10
calendar days of receipt. If any interested party, including the
custodian of records, objects to the petition, the party shall file
and serve the objection on the petitioning party no later than 15
calendar days after service of the petition.
(F) The petitioning party shall have 10 calendar days to file any
reply. The juvenile court shall set the matter for hearing no more
than 60 calendar days from the date the petition is served on the
custodian of records. The court shall render its decision within 30
days of the hearing. The matter shall be decided solely upon the
basis of the petition and supporting exhibits and declarations, if
any, the objection and any supporting exhibits or declarations, if
any, and the reply and any supporting declarations or exhibits
thereto, and argument at hearing. The court may solely upon its own
motion order the appearance of witnesses. If no objection is filed to
the petition, the court shall review the petition and issue its
decision within 10 calendar days of the final day for filing the
objection. Any order of the court shall be immediately reviewable by
petition to the appellate court for the issuance of an extraordinary
writ.
(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court. The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition. This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section. Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile case
file, may not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
(F), (H), and (I) of paragraph (1) may also receive copies of the
case file. In these circumstances, the requirements of paragraph (4)
shall continue to apply to the information received.
(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
(2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case. This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance. The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor. In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
(3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled. The county superintendent shall provide the court
with a listing of all of the schools within each school district,
within the county, along with the name and mailing address of each
district superintendent.
(d) (1) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction: "Unlawful Dissemination Of
This Information Is A Misdemeanor." Any information received from the
court shall be kept in a separate confidential file at the school of
attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18 years, whichever occurs first. After that time the
confidential record shall be destroyed. At any time after the date by
which a record required to be destroyed by this section should have
been destroyed, the minor or his or her parent or guardian shall have
the right to make a written request to the principal of the school
that the minor's school records be reviewed to ensure that the record
has been destroyed. Upon completion of any requested review and no
later than 30 days after the request for the review was received, the
principal or his or her designee shall respond in writing to the
written request and either shall confirm that the record has been
destroyed or, if the record has not been destroyed, shall explain why
destruction has not yet occurred.
(2) Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
(e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
(f) The persons described in subparagraphs (A), (E), (F), (H),
(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
persons serving in a similar capacity for an Indian tribe,
reservation, or tribal court when the case file involves a child who
is a member of, or who is eligible for membership in, that tribe.
(g) A case file that is covered by, or included in, an order of
the court sealing a record pursuant to Section 781 or 786 may not be
inspected except as specified by Section 781 or 786.
SEC. 2.5. Section 827 of the Welfare and Institutions Code is
amended to read:
827. (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) The minor's parents or guardian.
(E) The attorneys for the parties, judges, referees, other hearing
officers, probation officers, and law enforcement officers who are
actively participating in criminal or juvenile proceedings involving
the minor.
(F) The county counsel, city attorney, or any other attorney
representing the petitioning agency in a dependency action.
(G) The superintendent or designee of the school district where the
minor is enrolled or attending school.
(H) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
(I) The State Department of Social Services, to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12, of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements, Section 10850.4, and paragraph (2).
(J) Authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
community care facilities, and to ensure that the standards of care
and services provided in those facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facilities are subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 3
(commencing with Section 1500) and Chapter 3.4 (commencing with
Section 1596.70) of Division 2 of the Health and Safety Code, or a
criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
may not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations. Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services may not contain the name of the minor.
(K) Members of children's multidisciplinary teams, persons, or
agencies providing treatment or supervision of the minor.
(L) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code,
and counsel appointed for the minor in the family law case pursuant
to Section 3150 of the Family Code. Prior to allowing counsel
appointed for the minor in the family law case to inspect the file,
the court clerk may require counsel to provide a certified copy of
the court order appointing him or her as the minor's counsel.
(M) When acting within the scope of investigative duties of an
active case, a statutorily authorized or court-appointed investigator
who is conducting an investigation pursuant to Section 7663, 7851,
or 9001 of the Family Code, or who is actively participating in a
guardianship case involving a minor pursuant to Part 2 (commencing
with Section 1500) of Division 4 of the Probate Code and acting
within the scope of his or her duties in that case.
(N) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.
(O) Juvenile justice commissions as established under Section 225.
The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
(P) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
(2) (A) Notwithstanding any other law and subject to subparagraph
(A) of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, that pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection. Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary. Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing by a
preponderance of evidence that release of the juvenile case file or
any portion thereof is detrimental to the safety, protection, or
physical or emotional well-being of another child who is directly or
indirectly connected to the juvenile case that is the subject of the
petition.
(B) This paragraph represents a presumption in favor of the
release of documents when a child is deceased unless the statutory
reasons for confidentiality are shown to exist.
(C) If a child whose records are sought has died, and documents
are sought pursuant to this paragraph, no weighing or balancing of
the interests of those other than a child is permitted.
(D) A petition filed under this paragraph shall be served on
interested parties by the petitioner, if the petitioner is in
possession of their identity and address, and on the custodian of
records. Upon receiving a petition, the custodian of records shall
serve a copy of the request upon all interested parties that have not
been served by the petitioner or on the interested parties served by
the petitioner if the custodian of records possesses information,
such as a more recent address, indicating that the service by the
petitioner may have been ineffective.
(E) The custodian of records shall serve the petition within 10
calendar days of receipt. If any interested party, including the
custodian of records, objects to the petition, the party shall file
and serve the objection on the petitioning party no later than 15
calendar days after service of the petition.
(F) The petitioning party shall have 10 calendar days to file any
reply. The juvenile court shall set the matter for hearing no more
than 60 calendar days from the date the petition is served on the
custodian of records. The court shall render its decision within 30
days of the hearing. The matter shall be decided solely upon the
basis of the petition and supporting exhibits and declarations, if
any, the objection and any supporting exhibits or declarations, if
any, and the reply and any supporting declarations or exhibits
thereto, and argument at hearing. The court may solely upon its own
motion order the appearance of witnesses. If no objection is filed to
the petition, the court shall review the petition and issue its
decision within 10 calendar days of the final day for filing the
objection. Any order of the court shall be immediately reviewable by
petition to the appellate court for the issuance of an extraordinary
writ.
(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court. The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition. This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section. Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile case
file, may not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
(F), (H), and (I) of paragraph (1) may also receive copies of the
case file. In these circumstances, the requirements of paragraph (4)
shall continue to apply to the information received.
(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
(2) (A) Notwithstanding subdivision (a), written notice that a
minor enrolled in a public school, kindergarten to grade 12,
inclusive, has been found by a court of competent jurisdiction to
have committed any felony or any misdemeanor involving curfew,
gambling, alcohol, drugs, tobacco products, carrying of weapons, a
sex offense listed in Section 290 of the Penal Code, assault or
battery, larceny, vandalism, or graffiti shall be provided by the
court, within seven days, to the superintendent of the school
district of attendance. Written notice shall include only the offense
found to have been committed by the minor and the disposition of the
minor's case. This notice shall be expeditiously transmitted by the
district superintendent to the principal at the school of attendance.
The principal shall expeditiously disseminate the information to
those counselors directly supervising or reporting on the behavior or
progress of the minor. In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
(B) Any information received by a teacher, counselor, or
administrator under this subdivision shall be received in confidence
for the limited purpose of rehabilitating the minor and protecting
students and staff, and shall not be further disseminated by the
teacher, counselor, or administrator, except insofar as communication
with the juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
(C) An intentional violation of the confidentiality provisions of
this paragraph is a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500).
(3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled. The county superintendent shall provide the court
with a listing of all of the schools within each school district,
within the county, along with the name and mailing address of each
district superintendent.
(d) (1) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction: "Unlawful Dissemination Of
This Information Is A Misdemeanor." Any information received from the
court shall be kept in a separate confidential file at the school of
attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18 years, whichever occurs first. After that time the
confidential record shall be destroyed. At any time after the date by
which a record required to be destroyed by this section should have
been destroyed, the minor or his or her parent or guardian shall have
the right to make a written request to the principal of the school
that the minor's school records be reviewed to ensure that the record
has been destroyed. Upon completion of any requested review and no
later than 30 days after the request for the review was received, the
principal or his or her designee shall respond in writing to the
written request and either shall confirm that the record has been
destroyed or, if the record has not been destroyed, shall explain why
destruction has not yet occurred.
(2) Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
(e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
(f) The persons described in subparagraphs (A), (E), (F), (H),
(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
persons serving in a similar capacity for an Indian tribe,
reservation, or tribal court when the case file involves a child who
is a member of, or who is eligible for membership in, that tribe.
(g) A case file that is covered by, or included in, an order of
the court sealing a record pursuant to Section 781 or 786 may not be
inspected except as specified by Section 781 or 786.
SEC. 3. Section 827.9 of the Welfare and Institutions Code is
amended to read:
827.9. (a) It is the intent of the Legislature to reaffirm its
belief that records or information gathered by law enforcement
agencies relating to the taking of a minor into custody, temporary
custody, or detention (juvenile police records) should be
confidential. Confidentiality is necessary to protect those persons
from being denied various opportunities, to further the
rehabilitative efforts of the juvenile justice system, and to prevent
the lifelong stigma that results from having a juvenile police
record. Although these records generally should remain confidential,
the Legislature recognizes that certain circumstances require the
release of juvenile police records to specified persons and entities.
The purpose of this section is to clarify the persons and entities
entitled to receive a complete copy of a juvenile police record, to
specify the persons or entities entitled to receive copies of
juvenile police records with certain identifying information about
other minors removed from the record, and to provide procedures for
others to request a copy of a juvenile police record. This section
does not govern the release of police records involving a minor who
is the witness to or victim of a crime who is protected by other laws
including, but not limited to, Section 841.5 of the Penal Code,
Section 11167 et seq. of the Penal Code, and Section 6254 of the
Government Code.
(b) Except as provided in Sections 389, 781, and 786 of this code
or Section 1203.45 of the Penal Code, a law enforcement agency shall
release, upon request, a complete copy of a juvenile police record,
as defined in subdivision (m), without notice or consent from the
person who is the subject of the juvenile police record to the
following persons or entities:
(1) Other law enforcement agencies including the office of the
Attorney General of California, any district attorney, the Department
of Corrections and Rehabilitation, including the Division of
Juvenile Justice, and any peace officer as specified in subdivision
(a) of Section 830.1 of the Penal Code.
(2) School district police.
(3) Child protective agencies as defined in Section 11165.9 of the
Penal Code.
(4) The attorney representing the juvenile who is the subject of
the juvenile police record in a criminal or juvenile proceeding.
(5) The Department of Motor Vehicles.
(c) Except as provided in Sections 389, 781, and 786 of this code
or Section 1203.45 of the Penal Code, law enforcement agencies shall
release, upon request, a copy of a juvenile police record to the
following persons and entities only if identifying information
pertaining to any other juvenile, within the meaning of subdivision
(n), has been removed from the record:
(1) The person who is the subject of the juvenile police record.
(2) The parents or guardian of a minor who is the subject of the
juvenile police record.
(3) An attorney for a parent or guardian of a minor who is the
subject of the juvenile police record.
(d) (1) (A) If a person or entity listed in subdivision (c) seeks
to obtain a complete copy of a juvenile police record that contains
identifying information concerning the taking into custody or
detention of any other juvenile, within the meaning of subdivision
(n), who is not a dependent child or a ward of the juvenile court,
that person or entity shall submit a completed Petition to Obtain
Report of Law Enforcement Agency, as developed pursuant to
subdivision (i), to the appropriate law enforcement agency. The law
enforcement agency shall send a notice to the following persons that
a Petition to Obtain Report of Law Enforcement Agency has been
submitted to the agency:
(i) The juvenile about whom information is sought.
(ii) The parents or guardian of any minor described in clause (i).
The law enforcement agency shall make reasonable efforts to obtain
the address of the parents or guardian.
(B) For purposes of responding to a request submitted pursuant to
this subdivision, a law enforcement agency may check the Juvenile
Automated Index or may contact the juvenile court to determine
whether a person is a dependent child or a ward of the juvenile court
and whether parental rights have been terminated or the juvenile has
been emancipated.
(C) The notice sent pursuant to this subdivision shall include the
following information:
(i) The identity of the person or entity requesting a copy of the
juvenile police record.
(ii) A copy of the completed Petition to Obtain Report of Law
Enforcement Agency.
(iii) The time period for submitting an objection to the law
enforcement agency, which shall be 20 days if notice is provided by
mail or confirmed fax, or 15 days if notice is provided by personal
service.
(iv) The means to submit an objection.
A law enforcement agency shall issue notice pursuant to this
section within 20 days of the request. If no objections are filed,
the law enforcement agency shall release the juvenile police record
within 15 days of the expiration of the objection period.
(D) If any objections to the disclosure of the other juvenile's
information are submitted to the law enforcement agency, the law
enforcement agency shall send the completed Petition to Obtain Report
of Law Enforcement Agency, the objections, and a copy of the
requested juvenile police record to the presiding judge of the
juvenile court or, in counties with no presiding judge of the
juvenile court, the judge of the juvenile court or his or her
designee, to obtain authorization from the court to release a
complete copy of the juvenile police record.
(2) If a person or entity listed in subdivision (c) seeks to
obtain a complete copy of a juvenile police record that contains
identifying information concerning the taking into custody or
detention of any other juvenile, within the meaning of subdivision
(n), who is a dependent child or a ward of the juvenile court, that
person or entity shall submit a Petition to Obtain Report of Law
Enforcement Agency, as developed pursuant to subdivision (i), to the
appropriate law enforcement agency. The law enforcement agency shall
send that Petition to Obtain Report of Law Enforcement Agency and a
completed petition for authorization to release the information to
that person or entity along with a complete copy of the requested
juvenile police record to the presiding judge of the juvenile court,
or, in counties with no presiding judge of the juvenile court, the
judge of the juvenile court or his or her designees. The juvenile
court shall provide notice of the petition for authorization to the
following persons:
(A) If the person who would be identified if the information is
released is a minor who is a dependent child of the juvenile court,
notice of the petition shall be provided to the following persons:
(i) The minor.
(ii) The attorney of record for the minor.
(iii) The parents or guardian of the minor, unless parental rights
have been terminated.
(iv) The child protective agency responsible for the minor.
(v) The attorney representing the child protective agency
responsible for the minor.
(B) If the person who would be identified if the information is
released is a ward of the juvenile court, notice of the petition
shall be provided to the following:
(i) The ward.
(ii) The attorney of record for the ward.
(iii) The parents or guardian of the ward if the ward is under 18
years of age, unless parental rights have been terminated.
(iv) The district attorney.
(v) The probation department.
(e) Except as otherwise provided in this section or in Sections
389, 781, and 786 of this code or Section 1203.45 of the Penal Code,
law enforcement agencies shall release copies of juvenile police
records to any other person designated by court order upon the filing
of a Petition to Obtain Report of Law Enforcement Agency with the
juvenile court. The petition shall be filed with the presiding judge
of the juvenile court, or, in counties with no presiding judge of the
juvenile court, the judge of the juvenile court or his or her
designee, in the county where the juvenile police record is
maintained.
(f) (1) After considering the petition and any objections
submitted to the juvenile court pursuant to paragraph (1) or (2) of
subdivision (d), the court shall determine whether the law
enforcement agency may release a complete copy of the juvenile police
record to the person or entity that submitted the request.
(2) In determining whether to authorize the release of a juvenile
police record, the court shall balance the interests of the juvenile
who is the subject of the record, the petitioner, and the public. The
juvenile court may issue orders prohibiting or limiting the release
of information contained in the juvenile police record. The court may
also deny the existence of a juvenile police record where the record
is properly sealed or the juvenile who is the subject of the record
has properly denied its existence.
(3) Prior to authorizing the release of any juvenile police
record, the juvenile court shall ensure that notice and an
opportunity to file an objection to the release of the record has
been provided to the juvenile who is the subject of the record or who
would be identified if the information is released, that person's
parents or guardian if he or she is under 18 years of age, and any
additional person or entity described in subdivision (d), as
applicable. The period for filing an objection shall be 20 days from
the date notice is given if notice is provided by mail or confirmed
fax and 15 days from the date notice is given if notice is provided
by personal service. If review of the petition is urgent, the
petitioner may file a motion with the presiding judge of the juvenile
court showing good cause why the objection period should be
shortened. The court shall issue a ruling on the completed petition
within 15 days of the expiration of the objection period.
(g) Any out-of-state entity comparable to the California entities
listed in paragraphs (1) to (5), inclusive, of subdivision (b) shall
file a petition with the presiding judge of the juvenile court in the
county where the juvenile police record is maintained in order to
receive a copy of a juvenile police record. A petition from that
entity may be granted on an ex parte basis.
(h) Nothing in this section shall require the release of
confidential victim or witness information protected by other laws
including, but not limited to, Section 841.5 of the Penal Code,
Section 11167 et seq. of the Penal Code, and Section 6254 of the
Government Code.
(i) The Judicial Council, in consultation with the California Law
Enforcement Association of Record Supervisors (CLEARS), shall develop
forms for distribution by law enforcement agencies to the public to
implement this section. Those forms shall include, but are not
limited to, the Petition to Obtain Report of Law Enforcement Agency.
The material for the public shall include information about the
persons who are entitled to a copy of the juvenile police record and
the specific procedures for requesting a copy of the record if a
petition is necessary. The Judicial Council shall provide law
enforcement agencies with suggested forms for compliance with the
notice provisions set forth in subdivision (d).
(j) Any information received pursuant to subdivisions (a) to (e),
inclusive, and (g) of this section shall be received in confidence
for the limited purpose for which it was provided and shall not be
further disseminated. An intentional violation of the confidentiality
provisions of this section is a misdemeanor, punishable by a fine
not to exceed five hundred dollars ($500).
(k) A court shall consider any information relating to the taking
of a minor into custody, if the information is not contained in a
record that has been sealed, for purposes of determining whether an
adjudication of the commission of a crime as a minor warrants a
finding that there are circumstances in aggravation pursuant to
Section 1170 of the Penal Code or to deny probation.
( l ) When a law enforcement agency has been notified
pursuant to Section 1155 that a minor has escaped from a secure
detention facility, the law enforcement agency shall release the name
of, and any descriptive information about, the minor to a person who
specifically requests this information. The law enforcement agency
may release the information on the minor without a request to do so
if it finds that release of the information would be necessary to
assist in recapturing the minor or that it would be necessary to
protect the public from substantial physical harm.
(m) For purposes of this section, a "juvenile police record"
refers to records or information relating to the taking of a minor
into custody, temporary custody, or detention.
(n) For purposes of this section, with respect to a juvenile
police record, "any other juvenile" refers to additional minors who
were taken into custody or temporary custody, or detained and who
also could be considered a subject of the juvenile police record.
(o) An evaluation of the efficacy of the procedures for the
release of police records containing information about minors as
described in this section shall be conducted by the juvenile court
and law enforcement in Los Angeles County and the results of that
evaluation shall be reported to the Legislature on or before December
31, 2006.
(p) This section shall only apply to Los Angeles County.
SEC. 4. Section 828 of the Welfare and Institutions Code is
amended to read:
828. (a) Except as provided in Sections 389, 781, 786, and 827.9
of this code or Section 1203.45 of the Penal Code, any information
gathered by a law enforcement agency, including the Department of
Justice, relating to the taking of a minor into custody may be
disclosed to another law enforcement agency, including a school
district police or security department, or to any person or agency
that has a legitimate need for the information for purposes of
official disposition of a case. When the disposition of a taking into
custody is available, it shall be included with any information
disclosed.
A court shall consider any information relating to the taking of a
minor into custody, if the information is not contained in a record
that has been sealed, for purposes of determining whether
adjudications of commission of crimes as a juvenile warrant a finding
that there are circumstances in aggravation pursuant to Section 1170
of the Penal Code or to deny probation.
(b) When a law enforcement agency has been notified pursuant to
Section 1155 that a minor has escaped from a secure detention
facility, the law enforcement agency shall release the name of, and
any descriptive information about, the minor to a person who
specifically requests this information. The law enforcement agency
may release the information on the minor without a request to do so
if it finds that release of the information would be necessary to
assist in recapturing the minor or that it would be necessary to
protect the public from substantial physical harm.
SEC. 5. Section 2.5 of this bill incorporates amendments to
Section 827 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 2872. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 827 of the Welfare and
Institutions Code, and (3) this bill is enacted after Assembly Bill
2872, in which case Section 2 of this bill shall not become
operative.
