BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 899


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          ASSEMBLY THIRD READING


          AB  
          899 (Levine)


          As Amended  April 9, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                     |Noes              |
          |----------------+------+-------------------------+------------------|
          |Judiciary       |9-0   |Mark Stone, Wagner,      |                  |
          |                |      |Alejo, Chau, Chiu,       |                  |
          |                |      |Cristina Garcia, Holden, |                  |
          |                |      |Maienschein, O'Donnell   |                  |
           -------------------------------------------------------------------- 


          SUMMARY:  Clarifies that information about a minor who is or has  
          been the subject of juvenile dependency or wardship proceedings is  
          confidential and can only be disclosed to specified persons, or to  
          others designated by court order of the judge of the juvenile  
          court upon the filing of a petition.  Specifically, this bill  
          states that it is the intent of the Legislature in enacting this  
          section to clarify that juvenile court records should remain  
          confidential regardless of the juvenile's immigration status and  
          should not be shared to or by federal authorities.


          EXISTING LAW:  


          1)Defines "juvenile case file," as a petition filed in any  
            juvenile court proceeding, reports of the probation officer, and  








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            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.  
             
          2)Provides that only specified parties, including but not limited  
            to court personnel, a district attorney, a city attorney, a  
            minor who is the subject of the proceeding, the minor's parents  
            or guardian, the attorneys for the parties, and "[a]ny other  
            person who may be designated by court order of the judge of the  
            juvenile court upon filing a petition" are authorized to inspect  
            a juvenile "case file."  


          3)Provides that 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.  


          4)Provides that 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.  


          FISCAL EFFECT:  None


          COMMENTS:  It is the express intent of the Legislature that  
          "juvenile court records, in general, should be confidential."   
          This presumption reflects a long recognized public policy of  
          protecting the confidentiality of juvenile proceedings and  
          records.  (T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 778.)   
          Only those persons who are listed existing law are authorized to  








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          inspect records in a juvenile case file without a court order.  


          The Legislature has reiterated its intent to protect the  
          confidentiality of information related to juvenile court  
          proceedings held by law enforcement agencies.  Existing law  
          provides that, "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."  California Rule of Court 5.552(f) requires the  
          filing of JV-575 with the juvenile court to obtain information  
          gathered by a law enforcement agency regarding the taking of a  
          minor into custody.  


          Despite the Legislature's clear intent to limit disclosure of  
          information related to juvenile court proceedings, some entities  
          that have or obtain the information may be circumventing these  
          legal protections in violation of state law.  Indeed, the practice  
          of disclosing confidential juvenile information may be relatively  
          common.  For example, a 2012 advisory by the Stanford University  
          Law School Immigrants' Rights Clinic warned about what it  
          characterized as "the troubling practice of San Mateo County  
          Probation Department ("Probation") disclosing confidential  
          information about youth in the juvenile justice system to  
          Immigration and Customs Enforcement ("ICE")."


          The Bureau of Immigration and Customs Enforcement is clearly  
          prohibited by federal regulation from obtaining and using  
          confidential information.  (5 C.F.R. 2635.703(a).)  The regulation  
          forbids "'the improper use of nonpublic information to further [an  
          employee's] own private interest... by knowing unauthorized  
          disclosure.'  Nonpublic information is defined as information the  
          employee gains by reason of federal employment and 'knows or  
          reasonably should know has not been made available to the general  
          public... [or] been disseminated to the general public.' (5 C.F.R.  
          2635.703(b).)"  (Chuyon Yon Hong v. Mukasey (9th Cir. 2008) 518  








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          F.3d 1030, 1035.) 


          Information obtained in violation of federal regulations, or state  
          law is subject to exclusion from deportation proceedings.  The  
          United State Supreme Court has observed (in dicta) that while  
          exclusion of illegally obtained evidence from deportation  
          proceedings is infrequent, there are several cases where exclusion  
          is required: when the internal regulations of the immigration  
          agency have been violated (See INS v. Delgado (1984) 466 U.S. 210)  
          and when there are "egregious violations of Fourth Amendment or  
          other liberties that might transgress notions of fundamental  
          fairness and undermine the probative value of the evidence  
          obtained."  (Immigration & Naturalization Service v. Lopez-Mendoza  
          (1984) 468 U.S. 1032, 1050-1051.)  Given the clear intent of the  
          Legislature to prohibit the disclosure and dissemination of  
          juvenile records to persons who are not specifically authorized to  
          obtain them, it is entirely consistent with state law, federal  
          regulations, and federal law for this bill to prohibit the further  
          disclosure and dissemination of confidential juvenile information  
          by federal immigration authorities.




          Analysis Prepared by:                                               
                          Alison Merrilees / JUD. / (916) 319-2334  FN:  
          0000107



















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