Official Summary Text
SB 794, as introduced, Ochoa Bogh.
Juveniles: access and use of juvenile case files.
(1) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor, and a judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and specified individuals if actively participating in the family law case. Under existing law, if a juvenile case file or portion thereof is otherwise privileged or confidential pursuant to state or federal law or regulation, an individual not otherwise entitled to access the file or portions
thereof without a court order must petition the juvenile court for release of the portion of, or information relating to the contents of, juvenile case files otherwise protected, as specified.
This bill would, among other things, additionally authorize members of the parents’ treatment teams to access a juvenile case file, as specified. The bill would additionally authorize a judge, commissioner, or other hearing officer assigned to a probate case, as well as specified persons if actively involved in a probate case, including counsel for the parents, to inspect the file, as specified. The bill would specify requirements for the use records or information received from the file. The bill would also require, if a juvenile case file, or portion thereof, is privileged or confidential pursuant to other state or federal law or regulation, if a petition is filed and the records are not released within 30 days after the filing of the petition, the juvenile court to set the
matter for hearing.
(2) Existing law authorizes a child welfare agency to permit its files and records relating to a minor who is the subject of a family law or probate guardianship case involving custody or visitation issues to be inspected by, and to provide copies to, specified individuals actively participating in the family law or probate case, including an attorney for a party to the family law or probate case. Existing law requires any records or information, including the testimony of a social worker, to be maintained solely in the confidential portion of the family law or probate file.
The bill would instead require the child welfare agency to permit its files and records relating to a minor, who is the subject of a family law, probate guardianship case, or child welfare agency involvement, to be inspected by, and to provide copies to, specified individuals if the individuals are participating
in these cases within 2 weeks of their written request, after an investigation has been closed. The bill would expand the individuals who qualify pursuant to this provision to include an attorney who is assisting a parent of a child who is subject to child welfare involvement, regardless of whether a petition is filed. The bill would require records or information to be filed under seal in a family law or probate matter. By increasing duties on child welfare agencies, this bill would impose a state-mandated local program.
The bill would authorize any person permitted to access records or information to release the records or information to any other person entitled to access the records or information. The bill would authorize attorneys to release any records or information, as necessary under certain circumstances. The bill would prohibit the juvenile case file, as specified, from being made as an attachment to any other documents without the prior approval of the
presiding judge of the juvenile court, unless certain conditions are met.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.