SB413 - Juveniles: case file inspection.

Senate Bill No. 413 CHAPTER 221 An act to amend Section 827 of the Welfare and Institutions Code, relating to juveniles. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 413, Allen. Juveniles: case file inspection. 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, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would delete that authority and instead specify that the county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, may access juvenile case files. The bill would also authorize an attorney representing a party in a civil proceeding, as defined, filed by, or on behalf of, the person who is the subject of the juvenile case file in which the defendant is either the child welfare agency, probation department, or an employee of those entities to inspect and receive copies of a juvenile case file for use in the civil proceeding, as specified. The bill would additionally authorize an attorney representing a person who is or was the subject of juvenile proceedings under specified provisions to access juvenile case files. By imposing additional duties on local entities to provide access to these records, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 827 of the Welfare and Institutions Code is amended to read: 827. (a) (1) Except as provided in Section 828, a case file may be inspected only by the following: (A) Court personnel. (B) The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law. (C) The minor who is the subject of the proceeding. (D) The minor’s parent or guardian. (E) The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. (F) (i) The county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings. (ii) The county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services provided by the agency or department to the subject of the case file or to that person’s sibling, parent, or legal guardian. (G) The superintendent or designee of the school district where the minor is enrolled or attending school. (H) Members of the child protective agencies as described in Section 11165.9 of the Penal Code. (I) The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000) of this code and Part 5 (commencing with Section 7900) of Division 12 of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2). (J) (i) Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and monitor or investigate community care facilities or resource families, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject. (ii) The confidential information shall remain confidential except for purposes of inspection, approval or licensing, or monitoring or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9. The confidential information may also be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services determines that no further action will be taken in the matter. Except as otherwise provided in this subdivision, confidential information shall not contain the name of the minor. (K) Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor. (L) 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 the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the file, the court clerk may require counsel to provide a certified copy of the court order appointing the minor’s counsel. (M) When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code and acting within the scope of the investigator’s duties in that case. (N) A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders. (O) Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members. (P) The Department of Justice, to carry out its duties pursuant to Sections 290.008 and 290.08 of the Penal Code as the repository for sex offender registration and notification in California. (Q) Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition. (R) A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice and who has petitioned the Board of Juvenile Hearings for an honorable discharge. (S) (i) The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5. (ii) The confidential information shall remain confidential for purposes of the administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. The confidential information shall be sealed after the conclusion of the administrative hearing, and shall not subsequently be released except in accordance with this subdivision. (T) Personnel of the State Department of Social Services, to carry out the duties of the department pursuant to paragraph (1) of subdivision (c) of Section 9100 of the Family Code or paragraph (3) of subdivision (e) of Section 366.26. (U) Personnel of the Office of Youth and Community Restoration, to carry out the duties of the office pursuant to Sections 2200, 2200.2, 2200.5, and 2200.7. (V) The attorney representing a person who is, or was, subject to juvenile proceedings under Section 300, 601, or 602. (W) (i) An attorney representing a party in a civil proceeding filed by, or on behalf of, the person who is the subject of the juvenile case file, in which the defendant is either the child welfare agency, or probation department, or an employee of one of those entities, for use in the civil proceeding as provided in this subparagraph. (ii) Information and copies of records from a juvenile case file received pursuant to this subparagraph may only be used in the civil proceeding and, consistent with paragraph (4), shall not be disseminated to anyone who is not entitled to access under this subparagraph or any other state law or federal law or regulation, and shall not be used or made as an attachment to any other document in any other proceeding without the prior approval of the juvenile court. (iii) Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), the immigration status of any individual in the juvenile case file, and information contained in the juvenile case file that pertains only to a sibling or to a minor who is not the subject of the juvenile case file, shall remain confidential and shall not be released pursuant to this subparagraph absent an order by the juvenile court. (iv) Notwithstanding paragraph (4), information and copies of records from a juvenile case file may be provided to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding without the prior approval of the court. Persons assisting the attorneys shall return all copies of records from a juvenile case file provided by an attorney pursuant to this subparagraph at the conclusion of the civil proceeding. (v) An attorney who obtains access to a juvenile case file pursuant to this subparagraph and provides copies of records to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding pursuant to clause (iii) shall take appropriate steps to ensure that all of the copies of the records are returned to the attorney upon conclusion of the civil proceeding. The attorney shall also take appropriate steps to ensure that all copies of records from a juvenile case file obtained pursuant to this subparagraph are destroyed upon the conclusion of the civil proceeding consistent with other applicable laws. (vi) Any information and copies of records from a juvenile case file received pursuant to this subparagraph that is submitted to the court or attached to pleadings in a civil action by an attorney representing a party other than the person who is the subject of the juvenile case file shall be submitted to the court with a motion or application for an order by the court for the submission or pleadings to be filed under seal, unless the judicial officer presiding over the civil matter rules otherwise. The person who is the subject of the juvenile case file may object during, or upon the conclusion of, the civil proceeding to any information or copies of records being filed under seal and may request that the information or records be filed without sealing. The court shall grant the request of the person who is the subject of the case file in regards to all information or records contained in the case file, except upon a finding of unusual circumstances. (vii) For purposes of this subparagraph, “civil proceeding” means a civil action or a government claim filed pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code. (2) (A) Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or that could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specific order is made by the juvenile court to the contrary. Except as provided in this paragraph, the presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case that is the subject of the petition. (B) This paragraph represents a presumption in favor of the release of documents when a child is deceased unless the statutory reasons for confidentiality are shown to exist. (C) If a child whose records are sought has died, and documents are sought pursuant to this paragraph, no weighing or balancing of the interests of those other than a child is permitted. (D) A petition filed under this paragraph shall be served on interested parties by the petitioner, if the petitioner is in possession of their identity and address, and on the custodian of records. Upon receiving a petition, the custodian of records shall serve a copy of the request upon all interested parties that have not been served by the petitioner or on the [Text truncated for display. Full text available on Congress.gov.]