SB794 - Juveniles: access and use of juvenile case files.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 794 Introduced by Senator Ochoa Bogh February 21, 2025 An act to amend Sections 827 and 827.10 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST 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. 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) The county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. (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) 16519.3) 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. minor, or members of the parents’ treatment teams. Therapeutic providers for children and parents are entitled to access these documents, regardless of the timing of treatment. (L) A judge, commissioner, or other hearing officer assigned to a family law or probate case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law or probate 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. Code, and counsel for the parents. Prior to allowing counsel appointed for the minor in the family law or probate case to inspect the file, the court clerk may require counsel to provide a certified file-endorsed copy of the court order appointing the minor’s counsel. counsel, or other documentation of representation. Counsel and parties to the family law or probate matter may use any records or information obtained pursuant to this section, by filing such records under seal. Any records or information obtained pursuant to this section, including the testimony of a social worker, shall be maintained solely in the confidential portion of the family law or probate file. (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 601 or 602. (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 interested parties served by the petitioner if the custodian of records possesses information, such as a more recent address, indicating that the service by the petitioner may have been ineffective. (E) The custodian of records shall serve the petition within 10 calendar days of receipt. If an interested party, including the custodian of records, objects to the petition, the party shall file and serve the objection on the petitioning party no later than 15 calendar days after service of the petition. (F) The petitioning party shall have 10 calendar days to file a reply. The juvenile court shall set the matter for hearing no more than 60 calendar days from the date the petition is served on the custodian of records. The court shall render its decision within 30 days of the hearing. The matter shall be decided solely upon the basis of the petition and supporting exhibits and declarations, if any, the objection and any supporting exhibits or declarations, if any, and the reply an [Text truncated for display. Full text available on Congress.gov.]