BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1945


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1945 (Mark Stone)


          As Amended  August 19, 2016


          Majority vote


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          |ASSEMBLY:  |77-0  |(April 28,     |SENATE: | 39-0 |(August 23,      |
          |           |      |2016)          |        |      |2016)            |
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          |           |      |               |        |      |                 |
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          Original Committee Reference:  PUB. S.




          SUMMARY:  Authorizes a child welfare agency to access sealed  
          juvenile records for limited purposes.    


          The Senate amendments:
          1)Clarify that a juvenile case file that is covered by, or  
            included in, a record sealing may not be inspected except as  
            specified; 
          2)Prohibit a child welfare agency from sharing the information  
            with any person or agency except the court.


          3)Double join this bill with AB 2872 (Patterson) of the current  
            legislative session to avoid chaptering issues.










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          4)Make conforming cross-references in related sections, as well  
            as technical, non-substantive changes.


          EXISTING LAW:  


          1)Provides that, if a minor satisfactorily completes an informal  
            program of supervision, probation as specified, or a term of  
            probation for any offense other than a specified serious,  
            sexual, or violent offense, then the court shall order sealed  
            all records pertaining to that dismissed petition in the  
            custody of the juvenile court.  


          2)Requires the court to send a copy of the order of dismissal  
            and sealing to the agencies named in the order and directing  
            the agencies to destroy the sealed records.  


          3)Allows the court to access a file that has been sealed for the  
            limited purpose of verifying the prior jurisdictional status  
            of a ward who is petitioning the court to resume its  
            dependency or delinquency jurisdiction.  


          4)Gives the prosecuting attorney and the probation department of  
            any county access to those records after they are sealed for  
            the limited purposes.  


          5)States that access for these limited purposes shall not be  
            considered an unsealing of the records.  


          6)Provides that five years or more after the jurisdiction of the  
            juvenile court has terminated over a person adjudged a ward of  
            the court or after a minor appeared before a probation  
            officer, or, in any case, at any time after the person has  
            reached the age of 18, the person or county probation officer,  
            with specified exceptions, may petition the juvenile court for  
            sealing of the records, including arrest records, relating to  








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            the person's case, in the custody of the juvenile court, the  
            probation officer, or any other agency or public official.  


          7)States that once the court has ordered the person's records  
            sealed, the proceedings in the case shall be deemed never to  
            have occurred, and the person may reply accordingly to any  
            inquiry about the events.  


          8)Permits the court to access a file that has been sealed for  
            the limited purpose of verifying the prior jurisdictional  
            status of the ward who is petitioning the court to resume its  
            jurisdiction, as specified.  This access is not to be deemed  
            an unsealing of the records.  


          9)Allows a judge of the juvenile court in which a petition was  
            filed to dismiss the petition, or to set aside the findings  
            and dismiss the petition, if the court finds that the  
            interests of justice and the welfare of the person who is the  
            subject of the petition require that dismissal, or if it finds  
            that he or she is not in need of treatment or rehabilitation.   
            The court has jurisdiction to order dismissal or setting aside  
            of the findings and dismissal regardless of whether the person  
            who is the subject of the petition is, at the time of the  
            order, a ward or dependent child of the court.  


          10)Allows the probation officer to destroy all records and  
            papers in the proceedings concerning a minor after five years  
            from the date on which the jurisdiction of the juvenile court  
            over the minor is terminated.  


          11)States that any person who was under the age of 18 when he or  
            she was arrested for a misdemeanor may petition the court in  
            which the proceedings occurred or, if there were no court  
            proceedings, the court in whose jurisdiction the arrest  
            occurred, for an order sealing the records in the case,  
            including any records of arrest and detention, in certain  
            circumstances.  








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          12)Provides that a person who was under the age of 18 at the  
            time of commission of a misdemeanor and is eligible for, or  
            has previously received expungement relief, may petition the  
            court for an order sealing the record of conviction and other  
            official records in the case, including arrest records and  
            records relating to other offenses charged in the accusatory  
            pleading, whether the defendant was acquitted, or the charges  
            dismissed.  Thereafter the conviction, arrest, or other  
            proceeding shall be deemed not to have occurred, and the  
            petitioner may answer accordingly any question relating to  
            their occurrence.  


          AS PASSED BY THE ASSEMBLY, this bill:


          1)Authorized a county child welfare agency responsible for the  
            supervision and placement of a minor or non-minor dependent of  
            the court to access sealed juvenile records for the limited  
            purpose of determining an appropriate placement or service  
            that has been ordered by the court for that dependent.
          2)Allowed the child welfare agency to share the information in  
            the sealed record with the court and with service and  
            placement providers for the sole purpose of implementing the  
            court ordered service or placement.  


          3)Stated that access to the sealed records pursuant to these  
            provisions shall not be construed as a modification of the  
            court's order dismissing the petition and sealing the case  
            records.


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "AB 1945 is a clean-up  
          proposal for my AB 666 [(Mark Stone), Chapter 368, Statutes of  
          2015] from last year.  It accomplishes the following:  








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          "Ensures child welfare agencies have limited access to valuable  
          information necessary for making appropriate foster care  
          placements and service recommendations for a child's safety and  
          well-being."


          Please see the policy committee analysis for a full discussion  
          of this bill.


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0004805