825. The order and findings of the superior court in each case
under the provisions of this chapter shall be entered in a suitable
book or other form of written record which shall be kept for that
purpose and known as the "juvenile court record."
826. (a) After five years from the date on which the jurisdiction
of the juvenile court over a minor is terminated, the probation
officer may destroy all records and papers in the proceedings
concerning the minor.
The juvenile court record, which includes all records and papers,
any minute book entries, dockets and judgment dockets, shall be
destroyed by order of the court as follows: when the person who is
the subject of the record reaches the age of 28 years, if the person
was alleged or adjudged to be a person described by Section 300, when
the person who is the subject of the record reaches the age of 21
years, if the person was alleged or adjudged to be a person described
by Section 601, or when the person reaches the age of 38 years if
the person was alleged or adjudged to be a person described by
Section 602, unless for good cause the court determines that the
juvenile record shall be retained, or unless the juvenile court
record is released to the person who is the subject of the record
pursuant to this section. However, a juvenile court record which is
not permitted to be sealed pursuant to subdivision (e) of Section 781
shall not be destroyed pursuant to this section.
Any person who is the subject of a juvenile court record may by
written notice request the juvenile court to release the court record
to his or her custody. Wherever possible, the written notice shall
include the person's full name, the person's date of birth, and the
juvenile court case number. Any juvenile court receiving the written
notice shall release the court record to the person who is the
subject of the record five years after the jurisdiction of the
juvenile court over the person has terminated, if the person was
alleged or adjudged to be a person described by Section 300, or when
the person reaches the age of 21 years, if the person was alleged or
adjudged to be a person described by Section 601, unless for good
cause the court determines that the record shall be retained.
Exhibits shall be destroyed as provided under Sections 1418, 1418.5,
and 1419 of the Penal Code. For the purpose of this section "destroy"
means destroy or dispose of for the purpose of destruction. The
proceedings in any case in which the juvenile court record is
destroyed or released to the person who is the subject of the record
pursuant to this section shall be deemed never to have occurred, and
the person may reply accordingly to any inquiry about the events in
the case.
(b) If an individual whose juvenile court record has been
destroyed or released under subdivision (a) discovers that any other
agency still retains a record, the individual may file a petition
with the court requesting that the records be destroyed. The petition
will include the name of the agency and the type of record to be
destroyed. The court shall order that such records also be destroyed
unless for good cause the court determines to the contrary. The court
shall send a copy of the order to each agency and each agency shall
destroy records in its custody as directed by the order, and shall
advise the court of its compliance. The court shall then destroy the
copy of the petition, the order, and the notice of compliance from
each agency. Thereafter, the proceedings in such case shall be deemed
never to have occurred.
(c) Juvenile court records in juvenile traffic matters, which
include all records and papers, any minute book entries, dockets and
judgment dockets, may be destroyed after five years from the date on
which the jurisdiction of the juvenile court over a minor is
terminated, or when the minor reaches the age of 21 years, if the
person was alleged or adjudged to be a person described by Section
601. Prior to such destruction the original record may be microfilmed
or photocopied. Every such reproduction shall be deemed and
considered an original; and a transcript, exemplification or
certified copy of any such reproduction shall be deemed and
considered a transcript, exemplification or certified copy, as the
case may be, of the original.
826.5. (a) Notwithstanding the provisions of Section 826, at any
time before a person reaches the age when his or her records are
required to be destroyed, the judge or clerk of the juvenile court or
the probation officer may destroy all records and papers, the
juvenile court record, any minute book entries, dockets, and judgment
dockets in the proceedings concerning the person as a minor if the
records and papers, juvenile court record, any minute book entries,
dockets, and judgment dockets are microfilmed or photocopied prior to
destruction. Exhibits shall be destroyed as provided under Sections
1418, 1418.5, and 1419 of the Penal Code.
(b) Every reproduction shall be deemed and considered an original.
A transcript, exemplification, or certified copy of any reproduction
shall be deemed and considered a transcript, exemplification, or
certified copy, as the case may be, of the original.
826.6. (a) Any minor who is the subject of a petition that has been
filed in juvenile court to adjudge the minor a dependent child or a
ward of the court shall be given written notice by the clerk of the
court upon disposition of the petition or the termination of
jurisdiction of the juvenile court of all of the following:
(1) The statutory right of any person who has been the subject of
juvenile court proceedings to petition for sealing of the case
records.
(2) The statutory provisions regarding the destruction of juvenile
court records and records of juvenile court proceedings retained by
state or local agencies.
(3) The statutory right of any person who has been the subject of
juvenile court proceedings to have his or her juvenile court record
released to him or her in lieu of its destruction.
(b) In any juvenile case where a local welfare department,
probation department, or district attorney is responsible for
notifying the minor of the dismissal, release, or termination of the
case, the agency shall provide written notice to the minor of the
information specified in subdivision (a) upon the dismissal, release,
or termination of the case.
(c) A written form providing the information described in this
section shall be prepared by the clerk of the court and shall be made
available to juvenile court clerks, probation departments, welfare
departments, and district attorneys.
826.7. Juvenile case files that pertain to a child who died as the
result of abuse or neglect shall be released by the custodian of
records of the county welfare department or agency to the public
pursuant to Section 10850.4 or an order issued pursuant to paragraph
(2) of subdivision (a) of Section 827.
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 of 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) 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.
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.
827.1. (a) Notwithstanding any other provision of law, a city,
county, or city and county may establish a computerized data base
system within that city, county, or city and county that permits the
probation department, law enforcement agencies, and school districts
to access probation department, law enforcement, school district, and
juvenile court information and records which are nonprivileged and
where release is authorized under state or federal law or regulation,
regarding minors under the jurisdiction of the juvenile court
pursuant to Section 602 or for whom a program of supervision has been
undertaken where a petition could otherwise be filed pursuant to
Section 602.
(b) Each city, county, or city and county permitting computer
access to these agencies shall develop security procedures by which
unauthorized personnel cannot access data contained in the system as
well as procedures or devices to secure data from unauthorized access
or disclosure. The right of access granted shall not include the
right to add, delete, or alter data without the written permission of
the agency holding the data.
827.10. (a) Notwithstanding Section 827, the child welfare agency
is authorized to permit its files and records relating to a minor,
who is the subject of either a family law or a probate guardianship
case involving custody or visitation issues, or both, to be inspected
by, and to provide copies to, the following persons, if these
persons are actively participating in the family law or probate case:
(1) The judge, commissioner, or other hearing officer assigned to
the family law or probate case.
(2) The parent or guardian of the minor.
(3) An attorney for a party to the family law or probate case.
(4) 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.
(5) A court-appointed investigator, evaluator, or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code or
Part 2 (commencing with Section 1500) of Division 4 of the Probate
Code.
(6) 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 counsel for the
minor.
(b) If the child welfare agency files or records, or any portions
thereof, are privileged or confidential pursuant to any other state
law, except Section 827, or federal law or regulation, the
requirements of that state law or federal law or regulation
prohibiting or limiting release of the child welfare agency files or
records, or any portions thereof, shall prevail.
(c) A social worker may testify in any family or probate
proceeding with regard to any information that may be disclosed under
this section.
(d) Any records or information obtained pursuant to this section,
including the testimony of a social worker, shall be maintained
solely in the confidential portion of the family law or probate file.
827.2. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
(b) Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(c) Notwithstanding subdivision (a) or (b), a law enforcement
agency may disclose to the public or to any interested person the
information received pursuant to subdivision (a) regarding a minor 14
years of age or older who was found by the court to have committed
any felony enumerated in subdivision (b) of Section 707. The law
enforcement agency shall not release this information if the court
for good cause, with a written statement of reasons, so orders.
827.5. Notwithstanding any other provision of law except Sections
389 and 781 of this code and Section 1203.45 of the Penal Code, a law
enforcement agency may disclose the name of any minor 14 years of
age or older taken into custody for the commission of any serious
felony, as defined in subdivision (c) of Section 1192.7 of the Penal
Code, and the offenses allegedly committed, upon the request of
interested persons, following the minor's arrest for that offense.
827.6. A law enforcement agency may release the name, description,
and the alleged offense of any minor alleged to have committed a
violent offense, as defined in subdivision (c) of Section 667.5 of
the Penal Code, and against whom an arrest warrant is outstanding, if
the release of this information would assist in the apprehension of
the minor or the protection of public safety. Neither the agency nor
the city, county, or city and county in which the agency is located
shall be liable for civil damages resulting from release of this
information.
827.7. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(b) In the written notice provided pursuant to this section, a
court may authorize a sheriff who receives information under this
section to disclose this information where the release of the
information is imperative for the protection of the public and the
offense is a violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code.
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 and 781 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 and 781 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
subparagraph (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 and 781 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 which 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.
828. (a) Except as provided in Sections 389, 781, 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 which 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
which 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.
828.1. (a) While the Legislature reaffirms its belief that juvenile
criminal records, in general, should be confidential, it is the
intent of the Legislature in enacting this section to provide for a
limited exception to that confidentiality in cases involving serious
acts of violence. Further, it is the intent of the Legislature that
even in these selected cases the dissemination of juvenile criminal
records be as limited as possible, consistent with the need to work
with a student in an appropriate fashion, and the need to protect
potentially vulnerable school staff and other students over whom the
school staff exercises direct supervision and responsibility.
(b) Notwithstanding subdivision (a) of Section 828, a school
district police or security department may provide written notice to
the superintendent of the school district that a minor enrolled in a
public school maintained by that school district, in kindergarten or
any of grades 1 to 12, inclusive, has been found by a court of
competent jurisdiction to have illegally used, sold, or possessed a
controlled substance as defined in Section 11007 of the Health and
Safety Code or to have committed any crime listed in paragraphs (1)
to (15), inclusive, or paragraphs (17) to (19), inclusive, or
paragraphs (25) to (28), inclusive, of subdivision (b) of, or in
paragraph (2) of subdivision (d) of, or subdivision (e) of, Section
707. The information may be expeditiously transmitted to any teacher,
counselor, or administrator with direct supervisorial or
disciplinary responsibility over the minor, who the superintendent or
his or her designee, after consultation with the principal at the
school of attendance, believes needs this information to work with
the student in an appropriate fashion, to avoid being needlessly
vulnerable or to protect other persons from needless vulnerability.
(c) Any information received by a teacher, counselor, or
administrator pursuant to this section shall be received in
confidence for the limited purpose for which it was provided and
shall not be further disseminated by the teacher, counselor, or
administrator. An intentional violation of the confidentiality
provisions of this section is a misdemeanor, punishable by a fine not
to exceed five hundred dollars ($500).
828.3. Notwithstanding any other provision of law, information
relating to the taking of a minor into custody on the basis that he
or she has committed a crime against the property, students, or
personnel of a school district or a finding by the juvenile court
that the minor has committed such a crime may be exchanged between
law enforcement personnel, the school district superintendent, and
the principal of a public school in which the minor is enrolled as a
student if the offense was against the property, students, or
personnel of that school.
829. Notwithstanding any other provision of law, the Board of
Prison Terms, in order to evaluate the suitability for release of a
person before the board, shall be entitled to review juvenile court
records which have not been sealed, concerning the person before the
board, if those records relate to a case in which the person was
found to have committed an offense which brought the person within
the jurisdiction of the juvenile court pursuant to Section 602.
830. (a) Notwithstanding any other provision of law, members of a
multidisciplinary personnel team engaged in the prevention,
identification, management, or treatment of child abuse or neglect
may disclose and exchange information and writings to and with one
another relating to any incidents of child abuse that may also be a
part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, management, or treatment of child
abuse, or the provision of child welfare services. All discussions
relative to the disclosure or exchange of any such information or
writings during team meetings are confidential unless disclosure is
required by law. Notwithstanding any other provision of law,
testimony concerning any such discussion is not admissible in any
criminal, civil, or juvenile court proceeding.
(b) As used in this section:
(1) "Child abuse" has the same meaning as defined in Section
18951.
(2) "Multidisciplinary personnel" means a team as specified in
Section 18951.
(3) "Child welfare services" means those services that are
directed at preventing child abuse or neglect.
830.1. Notwithstanding any other provision of law, members of a
juvenile justice multidisciplinary team engaged in the prevention,
identification, and control of crime, including, but not limited to,
criminal street gang activity, may disclose and exchange
nonprivileged information and writings to and with one another
relating to any incidents of juvenile crime, including criminal
street gang activity, that may also be part of a juvenile court
record or otherwise designated as confidential under state law if the
member of the team having that information or writing reasonably
believes it is generally relevant to the prevention, identification,
or control of juvenile crime or criminal street gang activity. Every
member of a juvenile justice multidisciplinary team who receives such
information or writings shall be under the same privacy and
confidentiality obligations and subject to the same penalties for
violating those obligations as the person disclosing or providing the
information or writings. The information obtained shall be
maintained in a manner which ensures the protection of
confidentiality.
As used in this section, "nonprivileged information" means any
information not subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code.
As used in this section, "criminal street gang" has the same
meaning as defined in Section 186.22 of the Penal Code.
As used in this section, "multidisciplinary team" means any team
of three or more persons, the members of which are trained in the
prevention, identification, and control of juvenile crime, including,
but not limited to, criminal street gang activity, and are qualified
to provide a broad range of services related to the problems posed
by juvenile crime and criminal street gangs. The team may include,
but is not limited to:
(a) Police officers or other law enforcement agents.
(b) Prosecutors.
(c) Probation officers.
(d) School district personnel with experience or training in
juvenile crime or criminal street gang control.
(e) Counseling personnel with experience or training in juvenile
crime or criminal street gang control.
(f) State, county, city, or special district recreation
specialists with experience or training in juvenile crime or criminal
street gang control.
825. The order and findings of the superior court in each case
under the provisions of this chapter shall be entered in a suitable
book or other form of written record which shall be kept for that
purpose and known as the "juvenile court record."
826. (a) After five years from the date on which the jurisdiction
of the juvenile court over a minor is terminated, the probation
officer may destroy all records and papers in the proceedings
concerning the minor.
The juvenile court record, which includes all records and papers,
any minute book entries, dockets and judgment dockets, shall be
destroyed by order of the court as follows: when the person who is
the subject of the record reaches the age of 28 years, if the person
was alleged or adjudged to be a person described by Section 300, when
the person who is the subject of the record reaches the age of 21
years, if the person was alleged or adjudged to be a person described
by Section 601, or when the person reaches the age of 38 years if
the person was alleged or adjudged to be a person described by
Section 602, unless for good cause the court determines that the
juvenile record shall be retained, or unless the juvenile court
record is released to the person who is the subject of the record
pursuant to this section. However, a juvenile court record which is
not permitted to be sealed pursuant to subdivision (e) of Section 781
shall not be destroyed pursuant to this section.
Any person who is the subject of a juvenile court record may by
written notice request the juvenile court to release the court record
to his or her custody. Wherever possible, the written notice shall
include the person's full name, the person's date of birth, and the
juvenile court case number. Any juvenile court receiving the written
notice shall release the court record to the person who is the
subject of the record five years after the jurisdiction of the
juvenile court over the person has terminated, if the person was
alleged or adjudged to be a person described by Section 300, or when
the person reaches the age of 21 years, if the person was alleged or
adjudged to be a person described by Section 601, unless for good
cause the court determines that the record shall be retained.
Exhibits shall be destroyed as provided under Sections 1418, 1418.5,
and 1419 of the Penal Code. For the purpose of this section "destroy"
means destroy or dispose of for the purpose of destruction. The
proceedings in any case in which the juvenile court record is
destroyed or released to the person who is the subject of the record
pursuant to this section shall be deemed never to have occurred, and
the person may reply accordingly to any inquiry about the events in
the case.
(b) If an individual whose juvenile court record has been
destroyed or released under subdivision (a) discovers that any other
agency still retains a record, the individual may file a petition
with the court requesting that the records be destroyed. The petition
will include the name of the agency and the type of record to be
destroyed. The court shall order that such records also be destroyed
unless for good cause the court determines to the contrary. The court
shall send a copy of the order to each agency and each agency shall
destroy records in its custody as directed by the order, and shall
advise the court of its compliance. The court shall then destroy the
copy of the petition, the order, and the notice of compliance from
each agency. Thereafter, the proceedings in such case shall be deemed
never to have occurred.
(c) Juvenile court records in juvenile traffic matters, which
include all records and papers, any minute book entries, dockets and
judgment dockets, may be destroyed after five years from the date on
which the jurisdiction of the juvenile court over a minor is
terminated, or when the minor reaches the age of 21 years, if the
person was alleged or adjudged to be a person described by Section
601. Prior to such destruction the original record may be microfilmed
or photocopied. Every such reproduction shall be deemed and
considered an original; and a transcript, exemplification or
certified copy of any such reproduction shall be deemed and
considered a transcript, exemplification or certified copy, as the
case may be, of the original.
826.5. (a) Notwithstanding the provisions of Section 826, at any
time before a person reaches the age when his or her records are
required to be destroyed, the judge or clerk of the juvenile court or
the probation officer may destroy all records and papers, the
juvenile court record, any minute book entries, dockets, and judgment
dockets in the proceedings concerning the person as a minor if the
records and papers, juvenile court record, any minute book entries,
dockets, and judgment dockets are microfilmed or photocopied prior to
destruction. Exhibits shall be destroyed as provided under Sections
1418, 1418.5, and 1419 of the Penal Code.
(b) Every reproduction shall be deemed and considered an original.
A transcript, exemplification, or certified copy of any reproduction
shall be deemed and considered a transcript, exemplification, or
certified copy, as the case may be, of the original.
826.6. (a) Any minor who is the subject of a petition that has been
filed in juvenile court to adjudge the minor a dependent child or a
ward of the court shall be given written notice by the clerk of the
court upon disposition of the petition or the termination of
jurisdiction of the juvenile court of all of the following:
(1) The statutory right of any person who has been the subject of
juvenile court proceedings to petition for sealing of the case
records.
(2) The statutory provisions regarding the destruction of juvenile
court records and records of juvenile court proceedings retained by
state or local agencies.
(3) The statutory right of any person who has been the subject of
juvenile court proceedings to have his or her juvenile court record
released to him or her in lieu of its destruction.
(b) In any juvenile case where a local welfare department,
probation department, or district attorney is responsible for
notifying the minor of the dismissal, release, or termination of the
case, the agency shall provide written notice to the minor of the
information specified in subdivision (a) upon the dismissal, release,
or termination of the case.
(c) A written form providing the information described in this
section shall be prepared by the clerk of the court and shall be made
available to juvenile court clerks, probation departments, welfare
departments, and district attorneys.
826.7. Juvenile case files that pertain to a child who died as the
result of abuse or neglect shall be released by the custodian of
records of the county welfare department or agency to the public
pursuant to Section 10850.4 or an order issued pursuant to paragraph
(2) of subdivision (a) of Section 827.
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 of 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) 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.
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.
827.1. (a) Notwithstanding any other provision of law, a city,
county, or city and county may establish a computerized data base
system within that city, county, or city and county that permits the
probation department, law enforcement agencies, and school districts
to access probation department, law enforcement, school district, and
juvenile court information and records which are nonprivileged and
where release is authorized under state or federal law or regulation,
regarding minors under the jurisdiction of the juvenile court
pursuant to Section 602 or for whom a program of supervision has been
undertaken where a petition could otherwise be filed pursuant to
Section 602.
(b) Each city, county, or city and county permitting computer
access to these agencies shall develop security procedures by which
unauthorized personnel cannot access data contained in the system as
well as procedures or devices to secure data from unauthorized access
or disclosure. The right of access granted shall not include the
right to add, delete, or alter data without the written permission of
the agency holding the data.
827.10. (a) Notwithstanding Section 827, the child welfare agency
is authorized to permit its files and records relating to a minor,
who is the subject of either a family law or a probate guardianship
case involving custody or visitation issues, or both, to be inspected
by, and to provide copies to, the following persons, if these
persons are actively participating in the family law or probate case:
(1) The judge, commissioner, or other hearing officer assigned to
the family law or probate case.
(2) The parent or guardian of the minor.
(3) An attorney for a party to the family law or probate case.
(4) 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.
(5) A court-appointed investigator, evaluator, or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code or
Part 2 (commencing with Section 1500) of Division 4 of the Probate
Code.
(6) 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 counsel for the
minor.
(b) If the child welfare agency files or records, or any portions
thereof, are privileged or confidential pursuant to any other state
law, except Section 827, or federal law or regulation, the
requirements of that state law or federal law or regulation
prohibiting or limiting release of the child welfare agency files or
records, or any portions thereof, shall prevail.
(c) A social worker may testify in any family or probate
proceeding with regard to any information that may be disclosed under
this section.
(d) Any records or information obtained pursuant to this section,
including the testimony of a social worker, shall be maintained
solely in the confidential portion of the family law or probate file.
827.2. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
(b) Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(c) Notwithstanding subdivision (a) or (b), a law enforcement
agency may disclose to the public or to any interested person the
information received pursuant to subdivision (a) regarding a minor 14
years of age or older who was found by the court to have committed
any felony enumerated in subdivision (b) of Section 707. The law
enforcement agency shall not release this information if the court
for good cause, with a written statement of reasons, so orders.
827.5. Notwithstanding any other provision of law except Sections
389 and 781 of this code and Section 1203.45 of the Penal Code, a law
enforcement agency may disclose the name of any minor 14 years of
age or older taken into custody for the commission of any serious
felony, as defined in subdivision (c) of Section 1192.7 of the Penal
Code, and the offenses allegedly committed, upon the request of
interested persons, following the minor's arrest for that offense.
827.6. A law enforcement agency may release the name, description,
and the alleged offense of any minor alleged to have committed a
violent offense, as defined in subdivision (c) of Section 667.5 of
the Penal Code, and against whom an arrest warrant is outstanding, if
the release of this information would assist in the apprehension of
the minor or the protection of public safety. Neither the agency nor
the city, county, or city and county in which the agency is located
shall be liable for civil damages resulting from release of this
information.
827.7. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(b) In the written notice provided pursuant to this section, a
court may authorize a sheriff who receives information under this
section to disclose this information where the release of the
information is imperative for the protection of the public and the
offense is a violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code.
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 and 781 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 and 781 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
subparagraph (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 and 781 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 which 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.
828. (a) Except as provided in Sections 389, 781, 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 which 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
which 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.
828.1. (a) While the Legislature reaffirms its belief that juvenile
criminal records, in general, should be confidential, it is the
intent of the Legislature in enacting this section to provide for a
limited exception to that confidentiality in cases involving serious
acts of violence. Further, it is the intent of the Legislature that
even in these selected cases the dissemination of juvenile criminal
records be as limited as possible, consistent with the need to work
with a student in an appropriate fashion, and the need to protect
potentially vulnerable school staff and other students over whom the
school staff exercises direct supervision and responsibility.
(b) Notwithstanding subdivision (a) of Section 828, a school
district police or security department may provide written notice to
the superintendent of the school district that a minor enrolled in a
public school maintained by that school district, in kindergarten or
any of grades 1 to 12, inclusive, has been found by a court of
competent jurisdiction to have illegally used, sold, or possessed a
controlled substance as defined in Section 11007 of the Health and
Safety Code or to have committed any crime listed in paragraphs (1)
to (15), inclusive, or paragraphs (17) to (19), inclusive, or
paragraphs (25) to (28), inclusive, of subdivision (b) of, or in
paragraph (2) of subdivision (d) of, or subdivision (e) of, Section
707. The information may be expeditiously transmitted to any teacher,
counselor, or administrator with direct supervisorial or
disciplinary responsibility over the minor, who the superintendent or
his or her designee, after consultation with the principal at the
school of attendance, believes needs this information to work with
the student in an appropriate fashion, to avoid being needlessly
vulnerable or to protect other persons from needless vulnerability.
(c) Any information received by a teacher, counselor, or
administrator pursuant to this section shall be received in
confidence for the limited purpose for which it was provided and
shall not be further disseminated by the teacher, counselor, or
administrator. An intentional violation of the confidentiality
provisions of this section is a misdemeanor, punishable by a fine not
to exceed five hundred dollars ($500).
828.3. Notwithstanding any other provision of law, information
relating to the taking of a minor into custody on the basis that he
or she has committed a crime against the property, students, or
personnel of a school district or a finding by the juvenile court
that the minor has committed such a crime may be exchanged between
law enforcement personnel, the school district superintendent, and
the principal of a public school in which the minor is enrolled as a
student if the offense was against the property, students, or
personnel of that school.
829. Notwithstanding any other provision of law, the Board of
Prison Terms, in order to evaluate the suitability for release of a
person before the board, shall be entitled to review juvenile court
records which have not been sealed, concerning the person before the
board, if those records relate to a case in which the person was
found to have committed an offense which brought the person within
the jurisdiction of the juvenile court pursuant to Section 602.
830. (a) Notwithstanding any other provision of law, members of a
multidisciplinary personnel team engaged in the prevention,
identification, management, or treatment of child abuse or neglect
may disclose and exchange information and writings to and with one
another relating to any incidents of child abuse that may also be a
part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, management, or treatment of child
abuse, or the provision of child welfare services. All discussions
relative to the disclosure or exchange of any such information or
writings during team meetings are confidential unless disclosure is
required by law. Notwithstanding any other provision of law,
testimony concerning any such discussion is not admissible in any
criminal, civil, or juvenile court proceeding.
(b) As used in this section:
(1) "Child abuse" has the same meaning as defined in Section
18951.
(2) "Multidisciplinary personnel" means a team as specified in
Section 18951.
(3) "Child welfare services" means those services that are
directed at preventing child abuse or neglect.
830.1. Notwithstanding any other provision of law, members of a
juvenile justice multidisciplinary team engaged in the prevention,
identification, and control of crime, including, but not limited to,
criminal street gang activity, may disclose and exchange
nonprivileged information and writings to and with one another
relating to any incidents of juvenile crime, including criminal
street gang activity, that may also be part of a juvenile court
record or otherwise designated as confidential under state law if the
member of the team having that information or writing reasonably
believes it is generally relevant to the prevention, identification,
or control of juvenile crime or criminal street gang activity. Every
member of a juvenile justice multidisciplinary team who receives such
information or writings shall be under the same privacy and
confidentiality obligations and subject to the same penalties for
violating those obligations as the person disclosing or providing the
information or writings. The information obtained shall be
maintained in a manner which ensures the protection of
confidentiality.
As used in this section, "nonprivileged information" means any
information not subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code.
As used in this section, "criminal street gang" has the same
meaning as defined in Section 186.22 of the Penal Code.
As used in this section, "multidisciplinary team" means any team
of three or more persons, the members of which are trained in the
prevention, identification, and control of juvenile crime, including,
but not limited to, criminal street gang activity, and are qualified
to provide a broad range of services related to the problems posed
by juvenile crime and criminal street gangs. The team may include,
but is not limited to:
(a) Police officers or other law enforcement agents.
(b) Prosecutors.
(c) Probation officers.
(d) School district personnel with experience or training in
juvenile crime or criminal street gang control.
(e) Counseling personnel with experience or training in juvenile
crime or criminal street gang control.
(f) State, county, city, or special district recreation
specialists with experience or training in juvenile crime or criminal
street gang control.
825. The order and findings of the superior court in each case
under the provisions of this chapter shall be entered in a suitable
book or other form of written record which shall be kept for that
purpose and known as the "juvenile court record."
826. (a) After five years from the date on which the jurisdiction
of the juvenile court over a minor is terminated, the probation
officer may destroy all records and papers in the proceedings
concerning the minor.
The juvenile court record, which includes all records and papers,
any minute book entries, dockets and judgment dockets, shall be
destroyed by order of the court as follows: when the person who is
the subject of the record reaches the age of 28 years, if the person
was alleged or adjudged to be a person described by Section 300, when
the person who is the subject of the record reaches the age of 21
years, if the person was alleged or adjudged to be a person described
by Section 601, or when the person reaches the age of 38 years if
the person was alleged or adjudged to be a person described by
Section 602, unless for good cause the court determines that the
juvenile record shall be retained, or unless the juvenile court
record is released to the person who is the subject of the record
pursuant to this section. However, a juvenile court record which is
not permitted to be sealed pursuant to subdivision (e) of Section 781
shall not be destroyed pursuant to this section.
Any person who is the subject of a juvenile court record may by
written notice request the juvenile court to release the court record
to his or her custody. Wherever possible, the written notice shall
include the person's full name, the person's date of birth, and the
juvenile court case number. Any juvenile court receiving the written
notice shall release the court record to the person who is the
subject of the record five years after the jurisdiction of the
juvenile court over the person has terminated, if the person was
alleged or adjudged to be a person described by Section 300, or when
the person reaches the age of 21 years, if the person was alleged or
adjudged to be a person described by Section 601, unless for good
cause the court determines that the record shall be retained.
Exhibits shall be destroyed as provided under Sections 1418, 1418.5,
and 1419 of the Penal Code. For the purpose of this section "destroy"
means destroy or dispose of for the purpose of destruction. The
proceedings in any case in which the juvenile court record is
destroyed or released to the person who is the subject of the record
pursuant to this section shall be deemed never to have occurred, and
the person may reply accordingly to any inquiry about the events in
the case.
(b) If an individual whose juvenile court record has been
destroyed or released under subdivision (a) discovers that any other
agency still retains a record, the individual may file a petition
with the court requesting that the records be destroyed. The petition
will include the name of the agency and the type of record to be
destroyed. The court shall order that such records also be destroyed
unless for good cause the court determines to the contrary. The court
shall send a copy of the order to each agency and each agency shall
destroy records in its custody as directed by the order, and shall
advise the court of its compliance. The court shall then destroy the
copy of the petition, the order, and the notice of compliance from
each agency. Thereafter, the proceedings in such case shall be deemed
never to have occurred.
(c) Juvenile court records in juvenile traffic matters, which
include all records and papers, any minute book entries, dockets and
judgment dockets, may be destroyed after five years from the date on
which the jurisdiction of the juvenile court over a minor is
terminated, or when the minor reaches the age of 21 years, if the
person was alleged or adjudged to be a person described by Section
601. Prior to such destruction the original record may be microfilmed
or photocopied. Every such reproduction shall be deemed and
considered an original; and a transcript, exemplification or
certified copy of any such reproduction shall be deemed and
considered a transcript, exemplification or certified copy, as the
case may be, of the original.
826.5. (a) Notwithstanding the provisions of Section 826, at any
time before a person reaches the age when his or her records are
required to be destroyed, the judge or clerk of the juvenile court or
the probation officer may destroy all records and papers, the
juvenile court record, any minute book entries, dockets, and judgment
dockets in the proceedings concerning the person as a minor if the
records and papers, juvenile court record, any minute book entries,
dockets, and judgment dockets are microfilmed or photocopied prior to
destruction. Exhibits shall be destroyed as provided under Sections
1418, 1418.5, and 1419 of the Penal Code.
(b) Every reproduction shall be deemed and considered an original.
A transcript, exemplification, or certified copy of any reproduction
shall be deemed and considered a transcript, exemplification, or
certified copy, as the case may be, of the original.
826.6. (a) Any minor who is the subject of a petition that has been
filed in juvenile court to adjudge the minor a dependent child or a
ward of the court shall be given written notice by the clerk of the
court upon disposition of the petition or the termination of
jurisdiction of the juvenile court of all of the following:
(1) The statutory right of any person who has been the subject of
juvenile court proceedings to petition for sealing of the case
records.
(2) The statutory provisions regarding the destruction of juvenile
court records and records of juvenile court proceedings retained by
state or local agencies.
(3) The statutory right of any person who has been the subject of
juvenile court proceedings to have his or her juvenile court record
released to him or her in lieu of its destruction.
(b) In any juvenile case where a local welfare department,
probation department, or district attorney is responsible for
notifying the minor of the dismissal, release, or termination of the
case, the agency shall provide written notice to the minor of the
information specified in subdivision (a) upon the dismissal, release,
or termination of the case.
(c) A written form providing the information described in this
section shall be prepared by the clerk of the court and shall be made
available to juvenile court clerks, probation departments, welfare
departments, and district attorneys.
826.7. Juvenile case files that pertain to a child who died as the
result of abuse or neglect shall be released by the custodian of
records of the county welfare department or agency to the public
pursuant to Section 10850.4 or an order issued pursuant to paragraph
(2) of subdivision (a) of Section 827.
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 of 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) 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.
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.
827.1. (a) Notwithstanding any other provision of law, a city,
county, or city and county may establish a computerized data base
system within that city, county, or city and county that permits the
probation department, law enforcement agencies, and school districts
to access probation department, law enforcement, school district, and
juvenile court information and records which are nonprivileged and
where release is authorized under state or federal law or regulation,
regarding minors under the jurisdiction of the juvenile court
pursuant to Section 602 or for whom a program of supervision has been
undertaken where a petition could otherwise be filed pursuant to
Section 602.
(b) Each city, county, or city and county permitting computer
access to these agencies shall develop security procedures by which
unauthorized personnel cannot access data contained in the system as
well as procedures or devices to secure data from unauthorized access
or disclosure. The right of access granted shall not include the
right to add, delete, or alter data without the written permission of
the agency holding the data.
827.10. (a) Notwithstanding Section 827, the child welfare agency
is authorized to permit its files and records relating to a minor,
who is the subject of either a family law or a probate guardianship
case involving custody or visitation issues, or both, to be inspected
by, and to provide copies to, the following persons, if these
persons are actively participating in the family law or probate case:
(1) The judge, commissioner, or other hearing officer assigned to
the family law or probate case.
(2) The parent or guardian of the minor.
(3) An attorney for a party to the family law or probate case.
(4) 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.
(5) A court-appointed investigator, evaluator, or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code or
Part 2 (commencing with Section 1500) of Division 4 of the Probate
Code.
(6) 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 counsel for the
minor.
(b) If the child welfare agency files or records, or any portions
thereof, are privileged or confidential pursuant to any other state
law, except Section 827, or federal law or regulation, the
requirements of that state law or federal law or regulation
prohibiting or limiting release of the child welfare agency files or
records, or any portions thereof, shall prevail.
(c) A social worker may testify in any family or probate
proceeding with regard to any information that may be disclosed under
this section.
(d) Any records or information obtained pursuant to this section,
including the testimony of a social worker, shall be maintained
solely in the confidential portion of the family law or probate file.
827.2. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
(b) Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(c) Notwithstanding subdivision (a) or (b), a law enforcement
agency may disclose to the public or to any interested person the
information received pursuant to subdivision (a) regarding a minor 14
years of age or older who was found by the court to have committed
any felony enumerated in subdivision (b) of Section 707. The law
enforcement agency shall not release this information if the court
for good cause, with a written statement of reasons, so orders.
827.5. Notwithstanding any other provision of law except Sections
389 and 781 of this code and Section 1203.45 of the Penal Code, a law
enforcement agency may disclose the name of any minor 14 years of
age or older taken into custody for the commission of any serious
felony, as defined in subdivision (c) of Section 1192.7 of the Penal
Code, and the offenses allegedly committed, upon the request of
interested persons, following the minor's arrest for that offense.
827.6. A law enforcement agency may release the name, description,
and the alleged offense of any minor alleged to have committed a
violent offense, as defined in subdivision (c) of Section 667.5 of
the Penal Code, and against whom an arrest warrant is outstanding, if
the release of this information would assist in the apprehension of
the minor or the protection of public safety. Neither the agency nor
the city, county, or city and county in which the agency is located
shall be liable for civil damages resulting from release of this
information.
827.7. (a) Notwithstanding Section 827 or any other provision of
law, written notice that a minor has been found by a court of
competent jurisdiction to have committed any felony pursuant to
Section 602 shall be provided by the court within seven days to the
sheriff of the county in which the offense was committed and to the
sheriff of the county in which the minor resides. Written notice
shall include only that information regarding the felony offense
found to have been committed by the minor and the disposition of the
minor's case. If at any time thereafter the court modifies the
disposition of the minor's case, it shall also notify the sheriff as
provided above. The sheriff may disseminate the information to other
law enforcement personnel upon request, provided that he or she
reasonably believes that the release of this information is generally
relevant to the prevention or control of juvenile crime.
Any information received pursuant to this section shall be
received in confidence for the limited law enforcement purpose for
which it was provided and shall not be further disseminated except as
provided in this section. An intentional violation of the
confidentiality provisions of this section is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(b) In the written notice provided pursuant to this section, a
court may authorize a sheriff who receives information under this
section to disclose this information where the release of the
information is imperative for the protection of the public and the
offense is a violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code.
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 and 781 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 and 781 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
subparagraph (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 and 781 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 which 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.
828. (a) Except as provided in Sections 389, 781, 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 which 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
which 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.
828.1. (a) While the Legislature reaffirms its belief that juvenile
criminal records, in general, should be confidential, it is the
intent of the Legislature in enacting this section to provide for a
limited exception to that confidentiality in cases involving serious
acts of violence. Further, it is the intent of the Legislature that
even in these selected cases the dissemination of juvenile criminal
records be as limited as possible, consistent with the need to work
with a student in an appropriate fashion, and the need to protect
potentially vulnerable school staff and other students over whom the
school staff exercises direct supervision and responsibility.
(b) Notwithstanding subdivision (a) of Section 828, a school
district police or security department may provide written notice to
the superintendent of the school district that a minor enrolled in a
public school maintained by that school district, in kindergarten or
any of grades 1 to 12, inclusive, has been found by a court of
competent jurisdiction to have illegally used, sold, or possessed a
controlled substance as defined in Section 11007 of the Health and
Safety Code or to have committed any crime listed in paragraphs (1)
to (15), inclusive, or paragraphs (17) to (19), inclusive, or
paragraphs (25) to (28), inclusive, of subdivision (b) of, or in
paragraph (2) of subdivision (d) of, or subdivision (e) of, Section
707. The information may be expeditiously transmitted to any teacher,
counselor, or administrator with direct supervisorial or
disciplinary responsibility over the minor, who the superintendent or
his or her designee, after consultation with the principal at the
school of attendance, believes needs this information to work with
the student in an appropriate fashion, to avoid being needlessly
vulnerable or to protect other persons from needless vulnerability.
(c) Any information received by a teacher, counselor, or
administrator pursuant to this section shall be received in
confidence for the limited purpose for which it was provided and
shall not be further disseminated by the teacher, counselor, or
administrator. An intentional violation of the confidentiality
provisions of this section is a misdemeanor, punishable by a fine not
to exceed five hundred dollars ($500).
828.3. Notwithstanding any other provision of law, information
relating to the taking of a minor into custody on the basis that he
or she has committed a crime against the property, students, or
personnel of a school district or a finding by the juvenile court
that the minor has committed such a crime may be exchanged between
law enforcement personnel, the school district superintendent, and
the principal of a public school in which the minor is enrolled as a
student if the offense was against the property, students, or
personnel of that school.
829. Notwithstanding any other provision of law, the Board of
Prison Terms, in order to evaluate the suitability for release of a
person before the board, shall be entitled to review juvenile court
records which have not been sealed, concerning the person before the
board, if those records relate to a case in which the person was
found to have committed an offense which brought the person within
the jurisdiction of the juvenile court pursuant to Section 602.
830. (a) Notwithstanding any other provision of law, members of a
multidisciplinary personnel team engaged in the prevention,
identification, management, or treatment of child abuse or neglect
may disclose and exchange information and writings to and with one
another relating to any incidents of child abuse that may also be a
part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, management, or treatment of child
abuse, or the provision of child welfare services. All discussions
relative to the disclosure or exchange of any such information or
writings during team meetings are confidential unless disclosure is
required by law. Notwithstanding any other provision of law,
testimony concerning any such discussion is not admissible in any
criminal, civil, or juvenile court proceeding.
(b) As used in this section:
(1) "Child abuse" has the same meaning as defined in Section
18951.
(2) "Multidisciplinary personnel" means a team as specified in
Section 18951.
(3) "Child welfare services" means those services that are
directed at preventing child abuse or neglect.
830.1. Notwithstanding any other provision of law, members of a
juvenile justice multidisciplinary team engaged in the prevention,
identification, and control of crime, including, but not limited to,
criminal street gang activity, may disclose and exchange
nonprivileged information and writings to and with one another
relating to any incidents of juvenile crime, including criminal
street gang activity, that may also be part of a juvenile court
record or otherwise designated as confidential under state law if the
member of the team having that information or writing reasonably
believes it is generally relevant to the prevention, identification,
or control of juvenile crime or criminal street gang activity. Every
member of a juvenile justice multidisciplinary team who receives such
information or writings shall be under the same privacy and
confidentiality obligations and subject to the same penalties for
violating those obligations as the person disclosing or providing the
information or writings. The information obtained shall be
maintained in a manner which ensures the protection of
confidentiality.
As used in this section, "nonprivileged information" means any
information not subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code.
As used in this section, "criminal street gang" has the same
meaning as defined in Section 186.22 of the Penal Code.
As used in this section, "multidisciplinary team" means any team
of three or more persons, the members of which are trained in the
prevention, identification, and control of juvenile crime, including,
but not limited to, criminal street gang activity, and are qualified
to provide a broad range of services related to the problems posed
by juvenile crime and criminal street gangs. The team may include,
but is not limited to:
(a) Police officers or other law enforcement agents.
(b) Prosecutors.
(c) Probation officers.
(d) School district personnel with experience or training in
juvenile crime or criminal street gang control.
(e) Counseling personnel with experience or training in juvenile
crime or criminal street gang control.
(f) State, county, city, or special district recreation
specialists with experience or training in juvenile crime or criminal
street gang control.
