BILL ANALYSIS Ó AB 1945 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1945 (Mark Stone) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(April 28, |SENATE: | 39-0 |(August 23, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 1945 Page 2 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 AB 1945 Page 3 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. AB 1945 Page 4 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: AB 1945 Page 5 "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