Amended in Senate August 4, 2016

Amended in Senate June 6, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2872


Introduced by Assembly Member Patterson

February 19, 2016


An act to amend Section 9001 of the Family Code, and to amend Sections 305.6 and 827 of the Welfare and Institutions Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

AB 2872, as amended, Patterson. Children.

begin insert

(1) Existing law establishes a procedure for a stepparent to adopt a stepchild and requires a probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, or licensed adoption agency to conduct an investigation of the proposed stepparent adoption, as specified.

end insert
begin insert

This bill would provide that if the petitioner does not request that a licensed clinical social worker, therapist, or private adoption agency complete the investigation, the court may collect the investigation fee and assign a probation officer, court investigator or, if so authorized by the county board of supervisors, the county welfare department to complete the investigation.

end insert
begin delete

(1)

end delete

begin insert(2)end insert Existing law prohibits a peace officer from taking into temporary custody, without a warrant, a minor who is in a hospital if specified conditions exist, including that the minor is a newborn who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs or the minor is the subject of a proposed adoption and a Health Facility Minor Release Report has been completed by the hospital, as specified.

This bill would require the appropriate hospital personnel to complete a Health Facility Minor Release Report and provide copies to specified parties upon request by a parent.

begin delete

(2)

end delete

begin insert(3)end insert Existing law authorizes specified persons to inspect a juvenile case file, including a court-appointed investigator who is actively participating in a guardianship case involving a minor, as specified, and acting within the scope of his or her duties in that case.

This bill would additionally permit a statutorily authorized or court-appointed investigator who is conducting specified investigations relating to children, including stepparent adoptions, to inspect a juvenile case file.

begin insert

(4) This bill would incorporate additional changes to Section 827 of the Welfare and Institutions Code proposed by AB 1945 that would become operative if this bill and AB 1945 are chaptered and this bill is chaptered last.

end insert

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

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

P2    1

SECTION 1.  

Section 9001 of the Family Code is amended to
2read:

3

9001.  

(a) Except as provided in Section 9000.5, before granting
4or denying a stepparent adoption request, the court shall review
5and consider a written investigative report. The report in a
6stepparent adoption case shall not require a home study unless so
7ordered by the court upon request of an investigator or interested
8person, or on the court’s own motion. “Home study” as used in
9this section means a physical investigation of the premises where
10the child is residing.

11(b) At the time of filing the adoption request, the petitioner shall
12inform the court in writing if the petitioner is electing to have the
13investigation and written report completed by a licensed clinical
14social worker, a licensed marriage and family therapist, or a private
15licensed adoption agency, in which cases the petitioner shall not
P3    1be required to pay any investigation fee pursuant to Section 9002
2at the time of filing, but shall pay these fees directly to the
3investigator. Absent that notification, the court may, at the time
4of filing, collect an investigation fee pursuant to Section 9002, and
5may assign one of the following to complete the investigation: a
6probation officer, a qualified court investigator, or the county
7welfare department, if so authorized by the board of supervisors
8of the county where the action is pending.

9(c) If a private licensed adoption agency conducts the
10investigation, it shall assign the investigation to a licensed clinical
11social worker or licensed marriage and family therapist associated
12with the agency. Any grievance regarding the investigation shall
13be directed to the licensing authority of the clinical social worker
14or marriage and family therapist, as applicable.

15(d) Nothing in this section shall be construed to require the State
16Department of Social Services to issue regulations for stepparent
17adoptions.

18

SEC. 2.  

Section 305.6 of the Welfare and Institutions Code is
19amended to read:

20

305.6.  

(a) Any peace officer may, without a warrant, take into
21temporary custody a minor who is in a hospital if the release of
22the minor to a prospective adoptive parent or a representative of
23a licensed adoption agency poses an immediate danger to the
24minor’s health or safety.

25(b) Notwithstanding subdivision (a) and Section 305, a peace
26officer shall not, without a warrant, take into temporary custody
27a minor who is in a hospital if all of the following conditions exist:

28(1) The minor is a newborn who tested positive for illegal drugs
29or whose birth mother tested positive for illegal drugs.

30(2) The minor is the subject of a proposed adoption and a Health
31Facility Minor Release Report, developed by the department, has
32been completed by the hospital, including the marking of the boxes
33applicable to an independent adoption or agency adoption planning,
34and signed by the placing birth parent or birth parents, as well as
35either the prospective adoptive parent or parents or an authorized
36representative of a licensed adoption agency, prior to the discharge
37of the birth parent or the minor from the hospital. The Health
38Facility Minor Release Report shall include a notice written in at
39least 14-point pica type, containing substantially all of the
40following statements:

P4    1(A) That the Health Facility Minor Release Report does not
2constitute consent to adoption of the minor by the prospective
3adoptive parent or parents, or any other person.

4(B) That the Health Facility Minor Release Report does not
5constitute a relinquishment of parental rights for the purposes of
6 adoption.

7(C) That the birth parent or parents or any person authorized by
8the birth parent or parents may reclaim the minor at any time from
9the prospective adoptive parent or parents or any other person to
10whom the minor was released by the hospital, as provided in
11Section 8700, 8814.5, or 8815 of the Family Code.

12(3) The release of the minor to a prospective adoptive parent or
13parents or an authorized representative of a licensed adoption
14agency does not pose an immediate danger to the minor.

15(4) An attorney or an adoption agency has provided
16documentation stating that he or she, or the agency, is representing
17the prospective adoptive parent or parents for purposes of the
18adoption. In the case of an independent adoption, as defined in
19Section 8524 of the Family Code, the attorney or adoption agency
20shall provide documentation stating that the prospective adoptive
21parent or parents have been informed that the child may be eligible
22for benefits provided pursuant to the Adoption Assistance Program,
23as set forth in Chapter 2.1 (commencing with Section 16115) of
24Part 4 of Division 9, only if, at the time the adoption request is
25filed, the child has met the requirements to receive federal
26supplemental security income benefits pursuant to Subchapter XVI
27(commencing with Section 1381) of Chapter 7 of Title 42 of the
28United States Code, as determined and documented by the federal
29Social Security Administration.

30(5) The prospective adoptive parent or parents or their
31representative, or an authorized representative of a licensed
32adoption agency, provides all of the following to the peace officer:

33(A) A fully executed copy of the Health Facility Minor Release
34Report.

35(B) A written form signed by either the prospective adoptive
36parent or parents or a representative of the licensed adoption
37agency, which shall include all of the following:

38(i) A statement that the minor is the subject of a proposed
39adoption.

P5    1(ii) A declaration that the signer or signers will immediately
2notify the county child welfare agency pursuant to Section 11165.9
3of the Penal Code if the adoption plan is terminated for any reason,
4and will not release the minor to the birth parent or parents or any
5designee of the birth parent or parents until the county child welfare
6agency or local law enforcement agency completes an investigation
7and determines that release of the minor to the birth parent or
8parents or a designee of the birth parent or parents will not create
9an immediate risk to the health or safety of the minor.

10(iii) An agreement to provide a conformed copy of the adoption
11request or guardianship petition to the county child welfare agency
12within five business days after filing.

13(iv) The names, identifying information, and contact information
14for the minor, for each prospective adoptive parent, and for each
15birth parent, to the extent that information is known. In the case
16of an agency adoption where no prospective adoptive parent or
17parents are identified at the time of the minor’s release from the
18hospital, the licensed adoption agency may provide the information
19as it pertains to the licensed or certified foster home into which
20the agency intends to place the minor.

21(c) (1) In every independent adoption proceeding under this
22section, the prospective adoptive parent or parents shall file with
23the court either an adoption request within 10 working days after
24execution of an adoption placement agreement, or a guardianship
25petition within 30 calendar days after the child’s discharge from
26the hospital, whichever is earlier.

27(2) If the adoption plan for a minor who was released from the
28hospital pursuant to subdivision (b) is terminated for any reason,
29the prospective adoptive parent or parents or licensed adoption
30agency shall immediately notify the county child welfare agency.
31The prospective adoptive parent or parents or licensed adoption
32agency may not release the minor into the physical custody of the
33birth parent or parents, or any designee of the birth parent or
34parents, until the county child welfare agency or local law
35enforcement agency completes an investigation and determines
36that release of the minor to the birth parent or parents or a designee
37of the birth parent or parents will not create an immediate risk to
38the health or safety of the minor.

39(d) Upon request by a birth parent or parents of the minor
40newborn, the appropriate hospital personnel shall complete a Health
P6    1Facility Minor Release Report and provide copies of the report to
2the birth parent or parents, and the person or persons who will
3receive physical custody of the child uponbegin delete discharge.end deletebegin insert discharge
4pursuant to Section 1283 of the Health and Safety Code.end insert
Hospital
5personnel shall not refuse to complete a Health Facility Minor
6Release Report for any reason, even if the minor is ineligible for
7release at that time. However, nothing in this section shall be
8construed to require hospital personnel to release a minor contrary
9to the directives of a child welfare agency.

10(e) Nothing in this section is intended to create a duty that
11requires law enforcement to investigate the prospective adoptive
12parent or parents.

13

SEC. 3.  

Section 827 of the Welfare and Institutions Code is
14amended to read:

15

827.  

(a) (1) Except as provided in Section 828, a case file
16may be inspected only by the following:

17(A) Court personnel.

18(B) The district attorney, a city attorney, or city prosecutor
19authorized to prosecute criminal or juvenile cases under state law.

20(C) The minor who is the subject of the proceeding.

21(D)  The minor’s parents or guardian.

22(E) The attorneys for the parties, judges, referees, other hearing
23officers, probation officers, and law enforcement officers who are
24actively participating in criminal or juvenile proceedings involving
25the minor.

26(F) The county counsel, city attorney, or any other attorney
27representing the petitioning agency in a dependency action.

28(G) The superintendent or designee of the school district where
29the minor is enrolled or attending school.

30(H) Members of the child protective agencies as defined in
31Section 11165.9 of the Penal Code.

32(I) The State Department of Social Services, to carry out its
33duties pursuant to Division 9 (commencing with Section 10000),
34and Part 5 (commencing with Section 7900) of Division 12, of the
35Family Code to oversee and monitor county child welfare agencies,
36children in foster care or receiving foster care assistance, and
37out-of-state placements, Section 10850.4, and paragraph (2).

38(J) Authorized legal staff or special investigators who are peace
39officers who are employed by, or who are authorized
40representatives of, the State Department of Social Services, as
P7    1necessary to the performance of their duties to inspect, license,
2and investigate community care facilities, and to ensure that the
3standards of care and services provided in those facilities are
4adequate and appropriate and to ascertain compliance with the
5rules and regulations to which the facilities are subject. The
6confidential information shall remain confidential except for
7purposes of inspection, licensing, or investigation pursuant to
8Chapter 3 (commencing with Section 1500) and Chapter 3.4
9(commencing with Section 1596.70) of Division 2 of the Health
10and Safety Code, or a criminal, civil, or administrative proceeding
11in relation thereto. The confidential information may be used by
12the State Department of Social Services in a criminal, civil, or
13administrative proceeding. The confidential information shall be
14available only to the judge or hearing officer and to the parties to
15the case. Names that are confidential shall be listed in attachments
16separate to the general pleadings. The confidential information
17shall be sealed after the conclusion of the criminal, civil, or
18administrative hearings, and may not subsequently be released
19except in accordance with this subdivision. If the confidential
20information does not result in a criminal, civil, or administrative
21proceeding, it shall be sealed after the State Department of Social
22Services decides that no further action will be taken in the matter
23of suspected licensing violations. Except as otherwise provided in
24this subdivision, confidential information in the possession of the
25State Department of Social Services may not contain the name of
26the minor.

27(K) Members of children’s multidisciplinary teams, persons, or
28agencies providing treatment or supervision of the minor.

29(L) A judge, commissioner, or other hearing officer assigned
30to a family law case with issues concerning custody or visitation,
31or both, involving the minor, and the following persons, if actively
32participating in the family law case: a family court mediator
33assigned to a case involving the minor pursuant to Article 1
34(commencing with Section 3160) of Chapter 11 of Part 2 of
35Division 8 of the Family Code, a court-appointed evaluator or a
36person conducting a court-connected child custody evaluation,
37investigation, or assessment pursuant to Section 3111 or 3118 of
38the Family Code, and counsel appointed for the minor in the family
39law case pursuant to Section 3150 of the Family Code. Prior to
40allowing counsel appointed for the minor in the family law case
P8    1to inspect the file, the court clerk may require counsel to provide
2a certified copy of the court order appointing him or her as the
3minor’s counsel.

4(M) When acting within the scope of investigative duties of an
5active case, a statutorily authorized or court-appointed investigator
6who is conducting an investigation pursuant to Section 7663, 7851,
7or 9001 of the Family Code, or who is actively participating in a
8guardianship case involving a minor pursuant to Part 2
9(commencing with Section 1500) of Division 4 of the Probate
10Code and acting within the scope of his or her duties in that case.

11(N) A local child support agency for the purpose of establishing
12paternity and establishing and enforcing child support orders.

13(O) Juvenile justice commissions as established under Section
14225. The confidentiality provisions of Section 10850 shall apply
15to a juvenile justice commission and its members.

16(P) Any other person who may be designated by court order of
17the judge of the juvenile court upon filing a petition.

18(2) (A) Notwithstanding any other law and subject to
19subparagraph (A) of paragraph (3), juvenile case files, except those
20relating to matters within the jurisdiction of the court pursuant to
21Section 601 or 602, that pertain to a deceased child who was within
22the jurisdiction of the juvenile court pursuant to Section 300, shall
23be released to the public pursuant to an order by the juvenile court
24after a petition has been filed and interested parties have been
25afforded an opportunity to file an objection. Any information
26relating to another child or which could identify another child,
27except for information about the deceased, shall be redacted from
28the juvenile case file prior to release, unless a specific order is
29made by the juvenile court to the contrary. Except as provided in
30this paragraph, the presiding judge of the juvenile court may issue
31an order prohibiting or limiting access to the juvenile case file, or
32any portion thereof, of a deceased child only upon a showing by
33a preponderance of evidence that release of the juvenile case file
34or any portion thereof is detrimental to the safety, protection, or
35physical or emotional well-being of another child who is directly
36or indirectly connected to the juvenile case that is the subject of
37the petition.

38(B) This paragraph represents a presumption in favor of the
39release of documents when a child is deceased unless the statutory
40reasons for confidentiality are shown to exist.

P9    1(C) If a child whose records are sought has died, and documents
2are sought pursuant to this paragraph, no weighing or balancing
3of the interests of those other than a child is permitted.

4(D) A petition filed under this paragraph shall be served on
5interested parties by the petitioner, if the petitioner is in possession
6of their identity and address, and on the custodian of records. Upon
7receiving a petition, the custodian of records shall serve a copy of
8the request upon all interested parties that have not been served
9by the petitioner or on the interested parties served by the petitioner
10if the custodian of records possesses information, such as a more
11recent address, indicating that the service by the petitioner may
12have been ineffective.

13(E) The custodian of records shall serve the petition within 10
14calendar days of receipt. If any interested party, including the
15custodian of records, objects to the petition, the party shall file and
16serve the objection on the petitioning party no later than 15
17calendar days of service of the petition.

18(F) The petitioning party shall have 10 calendar days to file any
19reply. The juvenile court shall set the matter for hearing no more
20than 60 calendar days from the date the petition is served on the
21 custodian of records. The court shall render its decision within 30
22days of the hearing. The matter shall be decided solely upon the
23basis of the petition and supporting exhibits and declarations, if
24any, the objection and any supporting exhibits or declarations, if
25any, and the reply and any supporting declarations or exhibits
26thereto, and argument at hearing. The court may solely upon its
27own motion order the appearance of witnesses. If no objection is
28filed to the petition, the court shall review the petition and issue
29its decision within 10 calendar days of the final day for filing the
30objection. Any order of the court shall be immediately reviewable
31by petition to the appellate court for the issuance of an
32extraordinary writ.

33(3) Access to juvenile case files pertaining to matters within the
34jurisdiction of the juvenile court pursuant to Section 300 shall be
35limited as follows:

36(A) If a juvenile case file, or any portion thereof, is privileged
37or confidential pursuant to any other state law or federal law or
38regulation, the requirements of that state law or federal law or
39regulation prohibiting or limiting release of the juvenile case file
40or any portions thereof shall prevail. Unless a person is listed in
P10   1subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
2to access under the other state law or federal law or regulation
3without a court order, all those seeking access, pursuant to other
4authorization, to portions of, or information relating to the contents
5of, juvenile case files protected under another state law or federal
6law or regulation, shall petition the juvenile court. The juvenile
7court may only release the portion of, or information relating to
8the contents of, juvenile case files protected by another state law
9or federal law or regulation if disclosure is not detrimental to the
10safety, protection, or physical or emotional well-being of a child
11who is directly or indirectly connected to the juvenile case that is
12the subject of the petition. This paragraph shall not be construed
13to limit the ability of the juvenile court to carry out its duties in
14conducting juvenile court proceedings.

15(B) Prior to the release of the juvenile case file or any portion
16thereof, the court shall afford due process, including a notice of
17and an opportunity to file an objection to the release of the record
18or report to all interested parties.

19(4) A juvenile case file, any portion thereof, and information
20relating to the content of the juvenile case file, may not be
21disseminated by the receiving agencies to any persons or agencies,
22other than those persons or agencies authorized to receive
23documents pursuant to this section. Further, a juvenile case file,
24any portion thereof, and information relating to the content of the
25juvenile case file, may not be made as an attachment to any other
26documents without the prior approval of the presiding judge of the
27juvenile court, unless it is used in connection with and in the course
28of a criminal investigation or a proceeding brought to declare a
29person a dependent child or ward of the juvenile court.

30(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
31(F), (H), and (I) of paragraph (1) may also receive copies of the
32case file. In these circumstances, the requirements of paragraph
33(4) shall continue to apply to the information received.

34(b) (1) While the Legislature reaffirms its belief that juvenile
35court records, in general, should be confidential, it is the intent of
36the Legislature in enacting this subdivision to provide for a limited
37exception to juvenile court record confidentiality to promote more
38effective communication among juvenile courts, family courts,
39law enforcement agencies, and schools to ensure the rehabilitation
P11   1of juvenile criminal offenders as well as to lessen the potential for
2drug use, violence, other forms of delinquency, and child abuse.

3(2) (A) Notwithstanding subdivision (a), written notice that a
4minor enrolled in a public school, kindergarten to grade 12,
5inclusive, has been found by a court of competent jurisdiction to
6 have committed any felony or any misdemeanor involving curfew,
7gambling, alcohol, drugs, tobacco products, carrying of weapons,
8a sex offense listed in Section 290 of the Penal Code, assault or
9battery, larceny, vandalism, or graffiti shall be provided by the
10court, within seven days, to the superintendent of the school district
11of attendance. Written notice shall include only the offense found
12to have been committed by the minor and the disposition of the
13minor’s case. This notice shall be expeditiously transmitted by the
14district superintendent to the principal at the school of attendance.
15The principal shall expeditiously disseminate the information to
16those counselors directly supervising or reporting on the behavior
17or progress of the minor. In addition, the principal shall disseminate
18the information to any teacher or administrator directly supervising
19or reporting on the behavior or progress of the minor whom the
20principal believes needs the information to work with the pupil in
21an appropriate fashion, to avoid being needlessly vulnerable or to
22protect other persons from needless vulnerability.

23(B) Any information received by a teacher, counselor, or
24administrator under this subdivision shall be received in confidence
25for the limited purpose of rehabilitating the minor and protecting
26students and staff, and shall not be further disseminated by the
27teacher, counselor, or administrator, except insofar as
28communication with the juvenile, his or her parents or guardians,
29law enforcement personnel, and the juvenile’s probation officer
30is necessary to effectuate the juvenile’s rehabilitation or to protect
31students and staff.

32(C) An intentional violation of the confidentiality provisions of
33this paragraph is a misdemeanor punishable by a fine not to exceed
34five hundred dollars ($500).

35(3) If a minor is removed from public school as a result of the
36court’s finding described in subdivision (b), the superintendent
37shall maintain the information in a confidential file and shall defer
38transmittal of the information received from the court until the
39minor is returned to public school. If the minor is returned to a
40school district other than the one from which the minor came, the
P12   1parole or probation officer having jurisdiction over the minor shall
2so notify the superintendent of the last district of attendance, who
3shall transmit the notice received from the court to the
4superintendent of the new district of attendance.

5(c) Each probation report filed with the court concerning a minor
6whose record is subject to dissemination pursuant to subdivision
7(b) shall include on the face sheet the school at which the minor
8is currently enrolled. The county superintendent shall provide the
9court with a listing of all of the schools within each school district,
10within the county, along with the name and mailing address of
11each district superintendent.

12(d) (1) Each notice sent by the court pursuant to subdivision
13(b) shall be stamped with the instruction: “Unlawful Dissemination
14Of This Information Is A Misdemeanor.” Any information received
15from the court shall be kept in a separate confidential file at the
16school of attendance and shall be transferred to the minor’s
17subsequent schools of attendance and maintained until the minor
18graduates from high school, is released from juvenile court
19jurisdiction, or reaches the age of 18 years, whichever occurs first.
20After that time the confidential record shall be destroyed. At any
21time after the date by which a record required to be destroyed by
22this section should have been destroyed, the minor or his or her
23parent or guardian shall have the right to make a written request
24to the principal of the school that the minor’s school records be
25reviewed to ensure that the record has been destroyed. Upon
26completion of any requested review and no later than 30 days after
27the request for the review was received, the principal or his or her
28designee shall respond in writing to the written request and either
29shall confirm that the record has been destroyed or, if the record
30has not been destroyed, shall explain why destruction has not yet
31occurred.

32(2) Except as provided in paragraph (2) of subdivision (b), no
33liability shall attach to any person who transmits or fails to transmit
34any notice or information required under subdivision (b).

35(e) For purposes of this section, a “juvenile case file” means a
36petition filed in any juvenile court proceeding, reports of the
37probation officer, and all other documents filed in that case or
38made available to the probation officer in making his or her report,
39or to the judge, referee, or other hearing officer, and thereafter
P13   1retained by the probation officer, judge, referee, or other hearing
2officer.

3(f) The persons described in subparagraphs (A), (E), (F), (H),
4(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
5persons serving in a similar capacity for an Indian tribe, reservation,
6or tribal court when the case file involves a child who is a member
7of, or who is eligible for membership in, that tribe.

8begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 827 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
9amended to read:end insert

10

827.  

(a) (1) Except as provided in Section 828, a case file
11may be inspected only by the following:

12(A) Court personnel.

13(B) The district attorney, a city attorney, or city prosecutor
14authorized to prosecute criminal or juvenile cases under state law.

15(C) The minor who is the subject of the proceeding.

16(D)  The minor’s parents or guardian.

17(E) The attorneys for the parties, judges, referees, other hearing
18officers, probation officers, and law enforcement officers who are
19actively participating in criminal or juvenile proceedings involving
20the minor.

21(F) The county counsel, city attorney, or any other attorney
22representing the petitioning agency in a dependency action.

23(G) The superintendent or designee of the school district where
24the minor is enrolled or attending school.

25(H) Members of the child protective agencies as defined in
26Section 11165.9 of the Penal Code.

27(I) The State Department of Social Services, to carry out its
28duties pursuant to Division 9 (commencing with Section 10000),
29and Part 5 (commencing with Section 7900) of Division 12, of the
30Family Code to oversee and monitor county child welfare agencies,
31children in foster care or receiving foster care assistance, and
32out-of-state placements, Section 10850.4, and paragraph (2).

33(J) Authorized legal staff or special investigators who are peace
34officers who are employed by, or who are authorized
35representatives of, the State Department of Social Services, as
36necessary to the performance of their duties to inspect, license,
37and investigate community care facilities, and to ensure that the
38standards of care and services provided in those facilities are
39adequate and appropriate and to ascertain compliance with the
40rules and regulations to which the facilities are subject. The
P14   1confidential information shall remain confidential except for
2purposes of inspection, licensing, or investigation pursuant to
3Chapter 3 (commencing with Section 1500) and Chapter 3.4
4(commencing with Section 1596.70) of Division 2 of the Health
5and Safety Code, or a criminal, civil, or administrative proceeding
6in relation thereto. The confidential information may be used by
7the State Department of Social Services in a criminal, civil, or
8administrative proceeding. The confidential information shall be
9available only to the judge or hearing officer and to the parties to
10the case. Names that are confidential shall be listed in attachments
11separate to the general pleadings. The confidential information
12shall be sealed after the conclusion of the criminal, civil, or
13administrative hearings, and may not subsequently be released
14except in accordance with this subdivision. If the confidential
15information does not result in a criminal, civil, or administrative
16proceeding, it shall be sealed after the State Department of Social
17Services decides that no further action will be taken in the matter
18of suspected licensing violations. Except as otherwise provided in
19this subdivision, confidential information in the possession of the
20State Department of Social Services may not contain the name of
21the minor.

22(K) Members of children’s multidisciplinary teams, persons, or
23agencies providing treatment or supervision of the minor.

24(L) A judge, commissioner, or other hearing officer assigned
25to a family law case with issues concerning custody or visitation,
26or both, involving the minor, and the following persons, if actively
27participating in the family law case: a family court mediator
28assigned to a case involving the minor pursuant to Article 1
29(commencing with Section 3160) of Chapter 11 of Part 2 of
30Division 8 of the Family Code, a court-appointed evaluator or a
31person conducting a court-connected child custody evaluation,
32investigation, or assessment pursuant to Section 3111 or 3118 of
33the Family Code, and counsel appointed for the minor in the family
34law case pursuant to Section 3150 of the Family Code. Prior to
35allowing counsel appointed for the minor in the family law case
36to inspect the file, the court clerk may require counsel to provide
37a certified copy of the court order appointing him or her as the
38minor’s counsel.

39(M) begin deleteA end deletebegin insertWhen acting within the scope of investigative duties of
40an active case, a statutorily authorized or end insert
court-appointed
P15   1investigator who isbegin insert conducting an investigation pursuant to Section
27663, 7851, or 9001 of the Family Code, or who isend insert
actively
3participating in a guardianship case involving a minor pursuant to
4Part 2 (commencing with Section 1500) of Division 4 of the
5Probate Code and acting within the scope of his or her duties in
6that case.

7(N) A local child support agency for the purpose of establishing
8paternity and establishing and enforcing child support orders.

9(O) Juvenile justice commissions as established under Section
10225. The confidentiality provisions of Section 10850 shall apply
11to a juvenile justice commission and its members.

12(P) Any other person who may be designated by court order of
13the judge of the juvenile court upon filing a petition.

14(2) (A) Notwithstanding any other law and subject to
15subparagraph (A) of paragraph (3), juvenile case files, except those
16relating to matters within the jurisdiction of the court pursuant to
17Section 601 or 602, that pertain to a deceased child who was within
18the jurisdiction of the juvenile court pursuant to Section 300, shall
19be released to the public pursuant to an order by the juvenile court
20after a petition has been filed and interested parties have been
21afforded an opportunity to file an objection. Any information
22relating to another child or which could identify another child,
23except for information about the deceased, shall be redacted from
24the juvenile case file prior to release, unless a specific order is
25made by the juvenile court to the contrary. Except as provided in
26this paragraph, the presiding judge of the juvenile court may issue
27an order prohibiting or limiting access to the juvenile case file, or
28any portion thereof, of a deceased child only upon a showing by
29a preponderance of evidence that release of the juvenile case file
30or any portion thereof is detrimental to the safety, protection, or
31physical or emotional well-being of another child who is directly
32or indirectly connected to the juvenile case that is the subject of
33the petition.

34(B) This paragraph represents a presumption in favor of the
35release of documents when a child is deceased unless the statutory
36reasons for confidentiality are shown to exist.

37(C) If a child whose records are sought has died, and documents
38are sought pursuant to this paragraph, no weighing or balancing
39of the interests of those other than a child is permitted.

P16   1(D) A petition filed under this paragraph shall be served on
2interested parties by the petitioner, if the petitioner is in possession
3of their identity and address, and on the custodian of records. Upon
4receiving a petition, the custodian of records shall serve a copy of
5the request upon all interested parties that have not been served
6by the petitioner or on the interested parties served by the petitioner
7if the custodian of records possesses information, such as a more
8recent address, indicating that the service by the petitioner may
9have been ineffective.

10(E) The custodian of records shall serve the petition within 10
11calendar days of receipt. If any interested party, including the
12custodian of records, objects to the petition, the party shall file and
13serve the objection on the petitioning party no later than 15
14calendar daysbegin delete ofend deletebegin insert afterend insert service of the petition.

15(F) The petitioning party shall have 10 calendar days to file any
16reply. The juvenile court shall set the matter for hearing no more
17than 60 calendar days from the date the petition is served on the
18custodian of records. The court shall render its decision within 30
19days of the hearing. The matter shall be decided solely upon the
20basis of the petition and supporting exhibits and declarations, if
21any, the objection and any supporting exhibits or declarations, if
22any, and the reply and any supporting declarations or exhibits
23 thereto, and argument at hearing. The court may solely upon its
24own motion order the appearance of witnesses. If no objection is
25filed to the petition, the court shall review the petition and issue
26its decision within 10 calendar days of the final day for filing the
27objection. Any order of the court shall be immediately reviewable
28by petition to the appellate court for the issuance of an
29extraordinary writ.

30(3) Access to juvenile case files pertaining to matters within the
31jurisdiction of the juvenile court pursuant to Section 300 shall be
32limited as follows:

33(A) If a juvenile case file, or any portion thereof, is privileged
34or confidential pursuant to any other state law or federal law or
35regulation, the requirements of that state law or federal law or
36regulation prohibiting or limiting release of the juvenile case file
37or any portions thereof shall prevail. Unless a person is listed in
38subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
39to access under the other state law or federal law or regulation
40without a court order, all those seeking access, pursuant to other
P17   1authorization, to portions of, or information relating to the contents
2of, juvenile case files protected under another state law or federal
3law or regulation, shall petition the juvenile court. The juvenile
4court may only release the portion of, or information relating to
5the contents of, juvenile case files protected by another state law
6or federal law or regulation if disclosure is not detrimental to the
7safety, protection, or physical or emotional well-being of a child
8who is directly or indirectly connected to the juvenile case that is
9the subject of the petition. This paragraph shall not be construed
10to limit the ability of the juvenile court to carry out its duties in
11conducting juvenile court proceedings.

12(B) Prior to the release of the juvenile case file or any portion
13thereof, the court shall afford due process, including a notice of
14and an opportunity to file an objection to the release of the record
15or report to all interested parties.

16(4) A juvenile case file, any portion thereof, and information
17relating to the content of the juvenile case file, may not be
18disseminated by the receiving agencies to any persons or agencies,
19other than those persons or agencies authorized to receive
20documents pursuant to this section. Further, a juvenile case file,
21any portion thereof, and information relating to the content of the
22juvenile case file, may not be made as an attachment to any other
23documents without the prior approval of the presiding judge of the
24juvenile court, unless it is used in connection with and in the course
25of a criminal investigation or a proceeding brought to declare a
26person a dependent child or ward of the juvenile court.

27(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
28(F), (H), and (I) of paragraph (1) may also receive copies of the
29case file. In these circumstances, the requirements of paragraph
30(4) shall continue to apply to the information received.

31(b) (1) While the Legislature reaffirms its belief that juvenile
32court records, in general, should be confidential, it is the intent of
33the Legislature in enacting this subdivision to provide for a limited
34exception to juvenile court record confidentiality to promote more
35effective communication among juvenile courts, family courts,
36law enforcement agencies, and schools to ensure the rehabilitation
37of juvenile criminal offenders as well as to lessen the potential for
38drug use, violence, other forms of delinquency, and child abuse.

39(2) begin insert(A)end insertbegin insertend insert Notwithstanding subdivision (a), written notice that a
40minor enrolled in a public school, kindergarten to grade 12,
P18   1inclusive, has been found by a court of competent jurisdiction to
2have committed any felony or any misdemeanor involving curfew,
3gambling, alcohol, drugs, tobacco products, carrying of weapons,
4a sex offense listed in Section 290 of the Penal Code, assault or
5battery, larceny, vandalism, or graffiti shall be provided by the
6court, within seven days, to the superintendent of the school district
7of attendance. Written notice shall include only the offense found
8to have been committed by the minor and the disposition of the
9minor’s case. This notice shall be expeditiously transmitted by the
10district superintendent to the principal at the school of attendance.
11The principal shall expeditiously disseminate the information to
12those counselors directly supervising or reporting on the behavior
13or progress of the minor. In addition, the principal shall disseminate
14the information to any teacher or administrator directly supervising
15or reporting on the behavior or progress of the minor whom the
16principal believes needs the information to work with the pupil in
17an appropriate fashion, to avoid being needlessly vulnerable or to
18protect other persons from needless vulnerability.

19begin insert(B)end insertbegin insertend insert Any information received by a teacher, counselor, or
20administrator under this subdivision shall be received in confidence
21for the limited purpose of rehabilitating the minor and protecting
22students and staff, and shall not be further disseminated by the
23teacher, counselor, or administrator, except insofar as
24communication with the juvenile, his or her parents or guardians,
25law enforcement personnel, and the juvenile’s probation officer
26is necessary to effectuate the juvenile’s rehabilitation or to protect
27students and staff.

28begin insert(C)end insertbegin insertend insert An intentional violation of the confidentiality provisions
29of this paragraph is a misdemeanor punishable by a fine not to
30exceed five hundred dollars ($500).

31(3) If a minor is removed from public school as a result of the
32court’s finding described in subdivision (b), the superintendent
33shall maintain the information in a confidential file and shall defer
34transmittal of the information received from the court until the
35minor is returned to public school. If the minor is returned to a
36school district other than the one from which the minor came, the
37parole or probation officer having jurisdiction over the minor shall
38so notify the superintendent of the last district of attendance, who
39shall transmit the notice received from the court to the
40superintendent of the new district of attendance.

P19   1(c) Each probation report filed with the court concerning a minor
2whose record is subject to dissemination pursuant to subdivision
3(b) shall include on the face sheet the school at which the minor
4is currently enrolled. The county superintendent shall provide the
5court with a listing of all of the schools within each school district,
6within the county, along with the name and mailing address of
7each district superintendent.

8(d) (1) Each notice sent by the court pursuant to subdivision
9(b) shall be stamped with the instruction: “Unlawful Dissemination
10Of This Information Is A Misdemeanor.” Any information received
11 from the court shall be kept in a separate confidential file at the
12school of attendance and shall be transferred to the minor’s
13subsequent schools of attendance and maintained until the minor
14graduates from high school, is released from juvenile court
15jurisdiction, or reaches the age of 18 years, whichever occurs first.
16After that time the confidential record shall be destroyed. At any
17time after the date by which a record required to be destroyed by
18this section should have been destroyed, the minor or his or her
19parent or guardian shall have the right to make a written request
20to the principal of the school that the minor’s school records be
21reviewed to ensure that the record has been destroyed. Upon
22completion of any requested review and no later than 30 days after
23the request for the review was received, the principal or his or her
24designee shall respond in writing to the written request and either
25shall confirm that the record has been destroyed or, if the record
26has not been destroyed, shall explain why destruction has not yet
27occurred.

28(2) Except as provided in paragraph (2) of subdivision (b), no
29liability shall attach to any person who transmits or fails to transmit
30any notice or information required under subdivision (b).

31(e) For purposes of this section, a “juvenile case file” means a
32petition filed in any juvenile court proceeding, reports of the
33probation officer, and all other documents filed in that case or
34made available to the probation officer in making his or her report,
35or to the judge, referee, or other hearing officer, and thereafter
36retained by the probation officer, judge, referee, or other hearing
37officer.

38(f) The persons described in subparagraphs (A), (E), (F), (H),
39(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
40persons serving in a similar capacity for an Indian tribe, reservation,
P20   1or tribal court when the case file involves a child who is a member
2of, or who is eligible for membership in, that tribe.

begin insert

3
(g) A case file that is covered by, or included in, an order of the
4court sealing a record pursuant to Section 781 or 786 may not be
5inspected except as specified by Section 781 or 786.

end insert
6begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
7Section 827 of the Welfare and Institutions Code proposed by both
8this bill and Assembly Bill 1945. It shall only become operative if
9(1) both bills are enacted and become effective on or before
10January 1, 2017, (2) each bill amends Section 827 of the Welfare
11and Institutions Code, and (3) this bill is enacted after Assembly
12Bill 1945, in which case Section 3 of this bill shall not become
13operative.

end insert


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