Amended in Assembly April 9, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 899


Introduced by Assembly Member Levine

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(Coauthor: Assembly Member Alejo)

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February 26, 2015


An act to add Section 831 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 899, as amended, Levine. Juveniles: confidentiality of records.

Existing law requires the case file of a dependent child or ward of the juvenile court to be kept confidential, except as specified. Existing law authorizes only certain persons to inspect the case file, including, among others, the attorneys for the parties, judges, referees, other hearing officers, and law enforcement officers who are participating in proceedings involving the dependent child or ward.

This bill would provide that nothing in these provisions authorizes the disclosure of juvenile information to federal officials absent a court order upon filing a petition, as specified. The bill also would provide that nothing in these provisions authorizes the dissemination of juvenile information to, or by, federal officials absent a court order upon filing a petition, as specified. This bill would also provide that nothing in these provisions authorizes the attachment of juvenile information to other documents given to, or provided by, federal officials absent prior approval of the presiding judge of the juvenile court. This bill would specify that “juvenile information” includes the juvenile case file and information related to the juvenile, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

It is the intent of the Legislature that juvenile
2records remain confidential in order to serve the compelling interest
3of avoiding stigma and promoting rehabilitation for juveniles. It
4is not the intent of the Legislature to attempt to resist federal
5officials.

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SEC. 2.  

Section 831 is added to the Welfare and Institutions
7Code
, to read:

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831.  

(a) It is the intent of the Legislature in enacting this
9section to clarify that juvenile court records should remain
10confidential regardless of the juvenile’s immigration status.
11Confidentiality is integral to the operation of the juvenile justice
12system in order to avoid stigma and promote rehabilitation for all
13youth, regardless of immigration status.

14(b) Nothing in this article authorizes the disclosure of juvenile
15information to federal officials absent a court order of the judge
16of the juvenile court upon filing a petition as provided by
17subparagraph (P) of paragraph (1) of subdivision (a) of Section
18827.

19(c) Nothing in this article authorizes the dissemination of
20juvenile information to, or by, federal officials absent a court order
21of the judge of the juvenile court upon filing a petition as provided
22by subparagraph (P) of paragraph (1) and paragraph (4) of
23subdivision (a) of Section 827.

24(d) Nothing in this article authorizes the attachment of juvenile
25information to any other documents given to, or provided by,
26federal officials absent prior approval of the presiding judge of the
27juvenile court as provided by paragraph (4) of subdivision (a) of
28Section 827.

29(e) For purposes of this section, “juvenile information” includes
30the “juvenile case file,” as defined in subdivision (e) of Section
31827, and information related to the juvenile, including, but not
32limited to, name, date or place of birth, andbegin insert theend insert immigrationbegin delete status.end delete
33begin insert status of the juvenile that is obtained or created independent of,
34or in connection with, juvenile court proceedings about the juvenile
35and maintained by any government agency, including, but not
P3    1limited to, a court, probation office, child welfare agency, or law
2enforcement agency.end insert

3(f) Nothing in this section shall be construed as authorizing any
4 disclosure that would otherwise violate this article.

5(g) The Legislature finds and declares that this section is
6declaratory of existing law.



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