RULE 3.2 JUVENILE COURT RULES
SECTION 1.9 ACCESS TO COURTROOM BY NON-PARTIES
(W & I §§ 345, 346, 676)
Unless specifically permitted by Statute, Juvenile Court proceedings are confidential and shall not be open to the general public.
The Court encourages interested persons including trainees and students to attend juvenile proceedings in order better to understand the workings of the Juvenile Court. The Court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom.
SECTION 1.10 RELEASE OF INFORMATION RELATING TO JUVENILES
1.10.1 Discovery of Juvenile Records. Except as indicated within this rule, in all cases in which a person or agency seeks access to Juvenile Court records, including records maintained by the Juvenile Court Clerk, the Probation Department or the Department of Family and Children's Services, the person or agency shall file a Petition for Disclosure (JV570) with the Supervising Judge of either the Delinquency or Dependency Courts. The Petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The Petition shall be supported by a declaration of counsel and if necessary a memorandum of points and authorities.
In all cases in which a person or agency seeks records held by law enforcement, including police reports regarding children who are the subject of juvenile court proceedings, the person or agency shall file a request pursuant to the Police Report Request Form. (See Appendix B.)
The person or agency seeking the records shall give notice to all necessary parties.
(See Welfare and Institutions Code Section 827 and JV 570.)
1.10.5 Access to Probation Department and Department of Family and Childrenâs Services Records by Court Designated Child Advocates.
For the purposes of implementing the Court Designated Child Advocate Program, volunteers serving in the program are considered Court Personnel as that term is used in Welfare and Institutions Code Section 827. They shall have access to Probation Department and Department of Family and Childrenâs Services files and information contained therein needed to carry out their responsibilities as Court appointed advocates.
Any release by the Probation Department or the Department of Family and Childrenâs Services pursuant to this rule of information made confidential by Welfare and Institutions Code Section 10850 shall be considered a disclosure for purposes directly connected with the administration of public social services as that term is used in W & I Section 10850.
Except as contained in their Court reports and in their dealing with the parties in the particular case, the advocates are prohibited from releasing any information they gain from inspection of Probation files. (See Appendix C.)
SECTION 1.11 RELEASE OF INFORMATION RELATING TO JUVENILES BY LAW ENFORCEMENT
Pursuant to the cases of T.N.G. v. Superior Court, 4 Cal.3d 767, 94 Cal.Rptr. 813, 484 P.2d 981, and Westcott v. County of Yuba, 104 C.A.3d 103, 163 Cal.Rptr. 385, this rule applies to all law enforcement agencies and officials in Santa Clara County.
1.11.1 Identity of Juvenile. Do not release your arrest reports or other information in regard to the identity of individual juveniles under the age of eighteen (18) years who are the subject of Juvenile Court proceedings to the press or other media or to any persons or public agency except as set forth in paragraph 1.11.2.
1.11.2 Information re Incident. You may release the police report or information in regard to the incident, with exceptions noted, to:
1.11.3 Commission of Felony. After your department received notice of the disposition of the case, if the minor was found by the Court to have committed a felony, you may send the usual information to the CII, FBI or other police agencies within California, but to no other persons or agencies (except as otherwise authorized herein).
SECTION 1.12 JUVENILE DEPENDENCY, JUVENILE DELINQUENCY, FAMILY, AND PROBATE COURTS EXCHANGE OF INFORMATION
This rule addresses the exchange of information between Family Court Services staff (FCS), Juvenile Probation Department staff (JPD), the Department of Family and Childrenâs Services staff (AFCS) and the Probate Court Investigatorâs staff (PCI). The disclosure of information concerning children and their parents and caretakers by any of these agencies to each other is generally prohibited by law, unless specifically authorized by court rule or order. Nevertheless, a limited exchange of information about children or their parents or caretakers will serve the best interests of the child who is before the Court and the administration of justice.
The Court hereby finds that the best interests of children appearing before the Juvenile, Family and Probate Courts, the public interest in avoiding duplication of effort by the Courts and by the investigative agencies serving the Juvenile, Family and Probate Courts and the value of having relevant information gathered by a court or court-serving agency outweighs the confidentiality interests reflected in Penal Code sections 11167 and 11167.5, Welfare and Institutions Code section 827 and 10850, Family Code section 1818, and Probate Code section 1513, and therefore good cause exists for the following rule:
1.12.1 Abuse/Neglect. FCS, PCI, and JPD staff may orally disclose to DFCS staff who are investigating a suspected child abuse or neglect case the following information:
A. Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, delinquency or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by FCS, PCI or JPD and any Court orders in existence with respect to the child, parents, guardians, or caretakers.
B. Any statement made by the child or the childâs parents, guardians, or caretakers which might bear upon the issue of the childâs best interests in the pending child abuse or neglect case. In addition, FCS, PCI, or JPD staff may give to DFCS staff who are investigating or supervising a suspected child abuse case a copy of any court orders.
C. DFCS may include this information in court reports and keep such information in their case files.
1.12.2 Custody Disputes. JPD, PCI, or DFCS staff may orally disclose to FCS staff who are mediating or investigating a child custody dispute the following information:
A.Whether the child or his/her parents or caretaker are or have been the subject of a child abuse, neglect, probate or delinquency investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, PCI or JPD and any court orders in existence with respect to the child, parent or caretaker.
B.Any statements made by the child or the childâs parents, guardians or caretakers which might bear upon the issue of the childâs best interests in the pending Family Court matter. In addition, JPD, PCI, or DFCS may give to FCS staff who are investigating a child custody dispute a copy of any court orders.
C. FCS may include this information in court reports and keep such information in their case files.
1.12.3 Delinquency. FCS, PCI,, or DFCS staff may orally disclose to JPD staff who are investigating a delinquency case the following information:
A. Whether the child or his/her parents, guardian, or caretaker have been the subject of a child abuse, neglect, custody, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, FCS, or PCI staff, and any Court orders in existence with respect to the child, parent, guardian or caretaker.
B. Any statements made by the child or the childâs parents, guardians, or caretakers which might bear upon the issue of the childâs delinquency or any disposition in the delinquency proceeding. In addition, FCS, DFCS and PCI staff may give to JPD staff who are investigating or supervising a delinquency matter a copy of any court orders.
C. JPD may include this information in court reports and keep such information in their case files.
1.12.4 Probate. FCS, DFCS, and PD staff may orally disclose to PCI staff who are investigating a probate guardianship or conservatorship matter the following information:
A. Whether the child or his/her parents, guardian, or caretaker have been the subject of a child abuse, neglect, custody, or criminal investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, FCS, or PD staff and the reasons therefor, and any Court orders in existence with respect to the child, parent, guardian or caretaker.
B. Any statements made by the child or the childâs parents, guardians, or caretakers which might bear upon the issue of the childâs best interest in the pending Probate guardianship or conservatorship matter.
C. PCI may include this information in court reports and keep such information in their case files.
Release of Information to Advocate
B. Access to Records. An advocate shall have the same legal right to records relating to the child he/she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification as a Court-appointed advocate to any such record holder in support of his/her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child.
C. Report of Child Abuse. An advocate is a mandated child abuse reporter with respect to the case to which he/she is appointed.
D. Communication. There shall be ongoing, regular communication concerning the childâs best interests, current status, and significant case developments maintained among the advocate, case manager, childâs attorney, attorneys for parents, relatives, foster parents and any therapist for the child.
SECTION 2.1 DE FACTO PARENTS/RELATIONS/INTERESTED PERSONS
2.1.1 De Facto Parents. Upon a sufficient showing the Court may recognize the childâs present or previous custodians as de facto parents and grant standing to participate as parties in dispositional hearings and any hearings thereafter at which the status of the dependent child is at issue. The person seeking de facto parent status shall file a noticed motion before the Court setting out the reasons in support of the motion, unless the Court shall for good cause permit an oral motion to be made. (See Appendix L)
The de facto parent shall have the rights outlined in CRC 1412(e).
2.1.2 Relatives. Upon a sufficient showing the Court may permit relatives of the child to be present at the hearing and address the Court. The Court shall hear from all parties before granting such permission.
2.1.3 Interested Persons. Upon a sufficient showing the Court may permit any interested person to be present at the hearing and address the Court. The Court shall hear from all parties before granting such permission.
2.6.2 Access to Minors Petitioned Pursuant to Welfare and Institutions Section 300. No party or attorney in a dependency proceeding shall interview the minor about the events relating to the allegations in the petition(s) on file without permission of the minorâs attorney or Court order.
No party or attorney in a dependency proceeding shall cause the minor to undergo a physical, medical or mental health examination or evaluation without Court approval.
The Court shall make the selection of the person to perform any such examination. Each party shall have the right to notice and to be heard on the person to be selected.
This Rule does not apply to the investigating probation officer or investigating social worker prior to the establishment of jurisdiction.
2.6.3 Interviewing Minors Who Are Alleged Victims of Child Abuse. All dependency investigators in the Probation Department and the Department of Family and Childrenâs Services, all attorneys representing parties in a dependency case in which child abuse has been alleged and other participants in the case, including a child advocate, shall attempt to minimize the number of interviews they take of the minor relating to the events surrounding the alleged abuse. To this end anyone wishing to learn facts about the alleged incident shall first review the comprehensive interview taken by the investigating officer.
It is the policy of the Superior Court to identify and coordinate custody proceedings involving the same child which may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different Court systems so that the childâs needs are served and the resources of the family and the Court are not wasted. To these ends the Superior Court and the agencies serving the Court shall cooperate to increase the exchange of information and to determine the most appreciate forum for the resolution of the issues relating to the child.
2.8.1 Report Pursuant to P.C. Section 11166. If during the pendency of a family law proceeding a child abuse allegation against one of the childâs parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person shall first determine whether the allegation must be reported to a child protection agency pursuant to Penal Code Section 11166. If that person determines the allegation does not fall within the description of Section 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency.
2.8.2 Child Abuse Investigation. When the Department of Family and Childrenâs Services (DFCS) receives a report of suspected child abuse during the pendency of a family law proceeding, it shall investigate the matter immediately or within three or ten days pursuant to DSS Regulations 30-132. The Department of Family and Childrenâs Services shall coordinate its investigation with the reporting police agency. The Department of Family and Childrenâs Services shall inform Family Court Services of any decisions it makes concerning the child abuse investigation. If the Department of Family and Childrenâs Services determines that further investigation is necessary, it shall contact the investigating agency immediately so that all investigative efforts can be coordinated.
2.8.8 Coordination of Cases. At any time during the process described herein, the supervising judges of the Family and Juvenile Courts are encouraged to discuss problems relating to the coordination of cases involving child abuse allegations.
APPENDIX B. POLICE REPORT REQUEST FORM
POLICE REPORT REQUEST FORM
NOTE: THIS FORM MUST BE
JUDGE OF THE JUVENILE COURT FILLED OUT IN DETAIL.
FAILURE TO DO SO MAY RESULT
840 Guadalupe Parkway IN YOUR REQUEST BEING
San Jose, CA 95110 DENIED BY THE COURT.
I am requesting the permission of the Juvenile Court for a Santa Clara County Police Agency to release to me a police report in which a juvenile is named as a suspect or arrestee. I understand that this information is highly confidential and if my request is granted by the Court, I may not give a copy of the report to any other person not specifically authorized by the Juvenile Court to receive one.
Police Agency: __________________________________________
Police Report Number: ____________________________________
Type of Crime/Incident: ___________________________________
I am: I will use this information for:
______ Parent/Guardian ______ Insurance
Of a named Juvenile
______ Victim ______ Court
______ Relative ______ Other (specify: ______________)
______ Other (specify: ______________)
The following is a detailed description of the crime/incident in question: ____________
I declare under penalty of perjury the foregoing is true and correct.
Dated this _____ day of _____________, 19___, at San Jose, California.
(Telephone) (Print or Type Name)
A STAMPED, SELF-ADDRESSED ENVELOPE IS ENCLOSED. .
Approved ( ) Denied ( )
Judge of the Juvenile Court
APPENDIX C. APPLICATION FOR JUVENILE COURT RECORDS
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
DATE:__________________ APPLICATION FOR
JUVENILE COURT RECORDS
I am requesting access to ____ copies of the following record(s) held by the County Clerk, Juvenile Division:
Minorâs Name: __________________________________________________________
Petition Number: _________________________________________________________
Other Identifying Information: ______________________________________________
___ Parent/Guardian of the named juvenile
___ Court-Appointed Special Advocate (CASA)
___ Staff of Santa Clara Victim Witness Assistance Center
___ District Attorney
___ Sixth Appellate District Program Member
___ Victim-Offender Mediation Program Member
___ Other Specify: _______________________________________________________
I will use this information for the following purpose(s):
I understand these records are confidential and can be used only for the purposes stated herein.
I declare under penalty of perjury the foregoing is true and correct.
Dated this ___ day of ___________, 19___, at San Jose, California.
Type or print name: ___________________
If I do not pick up the requested copies personally, a self-addressed, stamped envelope is attached.
|©Copyright 1999 - 2013 by Child Abuse Council of Santa Clara County
All rights reserved. The Child Abuse Council of Santa Clara County makes every effort to ensure the accuracy of information presented on this site; but we make no warranty and can not be responsible for any damages resulting from use of information from this site.
a Report | About Us | Funding | Calendar | Resources |
| Links | What is Child Abuse? | Statistics | Site Map |