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<ns0:Id>20250SB__035796AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-12</ns0:ActionDate>
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<ns0:ActionDate>2025-07-17</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>357</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Menjivar</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_OPPOSITE">(Principal coauthor: Assembly Member Bryan)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Menjivar</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Bryan</ns0:Name>
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<ns0:Title> An act to amend Section 27771 of the Government Code, and to amend Section 827 of, and to add Section 272.5 to, the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
<ns0:RelatingClause>juveniles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Juveniles: delinquency.</ns0:Subject>
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<html:p>Existing law subjects a minor between 12 and 17 years of age, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law also establishes the transition jurisdiction or the juvenile court and subjects certain minors who are older than 17 years and 5 months of age and younger than 18 years of age, and certain nonminors who are older than 18 years of age and less than 21 years of age, who were wards of the juvenile court and in foster care placement to that jurisdiction. Existing law assigns various responsibilities relating to these individuals to the probation officer, including, among others, the responsibility to supervise minors placed on probation.</html:p>
<html:p>Existing law requires every county to appoint a chief probation officer and requires the chief probation officer to perform the duties and discharge the obligations imposed on the office by law or by order of the superior court, including, among other things, community supervision of the minors described above and the operation of juvenile halls, camps, and ranches, pursuant to specified provisions.</html:p>
<html:p>This bill would authorize the board of supervisors in a county with a population of at least 6,000,000 people to, except as specified, delegate to a county official who has jurisdiction over youth development, diversion, and reentry all or part of the duties and authorities concerning these
individuals, as specified. The bill would require the county board of supervisors to delegate all or part of these duties and authorities to a county official that is part of a collective bargaining unit.</html:p>
<html:p>Existing law generally 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.</html:p>
<html:p>This bill would additionally authorize county officials who have been delegated duties, authorities, or both, as described above, to inspect a juvenile case file.</html:p>
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<ns0:Election>NO</ns0:Election>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_C91B710F-4567-40CB-BF74-0AC33C90DBBA">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 27771 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_72CD64F6-1A76-41C6-B921-80BECD490B5C">
<ns0:Num>27771.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), the chief probation officer shall perform the duties and discharge the obligations imposed on the office by law or by order of the superior court, including the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Community supervision of offenders subject to the jurisdiction of the juvenile court pursuant to Section 602 or 1766 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Operation of juvenile halls pursuant to Section 852 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Operation of juvenile camps and ranches established under Section 880 of the Welfare and Institutions
Code.
</html:p>
<html:p>
(4)
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Community supervision of individuals subject to probation pursuant to conditions imposed under Section 1203 of the Penal Code.
</html:p>
<html:p>
(5)
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Community supervision of individuals subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code.
</html:p>
<html:p>
(6)
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Community supervision of individuals subject to postrelease community supervision pursuant to Section 3451 of the Penal Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Administration of community-based corrections programming, including, but not limited to, programs authorized by Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Serving as chair of the Community Corrections Partnership pursuant to Section 1230 of the Penal Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Making recommendations to the court, including, but not limited to, pre-sentence investigative reports pursuant to Sections 1203.7 and 1203.10 of the Penal Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, and except as provided in paragraph (2), the board of supervisors in a county with a population of at least 6,000,000 people may delegate to a county official who has jurisdiction over youth development, diversion, and reentry all or
part of the duties and authorities concerning individuals who are under the jurisdiction of the juvenile court pursuant to Section 450, 601, or 602 of the Welfare and Institutions Code, as described in paragraphs (2) and (3), inclusive, of subdivision (a). The county board of supervisors shall delegate all or part of these duties and authorities to a county official that is part of a collective bargaining unit.
</html:p>
<html:p>Nothing in this subdivision shall result in the loss of represented staff currently employed by a county probation department without cause or prohibit any staff or department from performing duties delegated to it by the county board of supervisors.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
The board of supervisors shall not delegate pursuant to paragraph (1) a duty or authority that any law requires to be undertaken by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The chief probation officer may perform other duties that are consistent with those enumerated in subdivision (a) and may accept appointment to the Board of State and Community Corrections and collect the per diem authorized by
Section 6025.1 of the Penal Code.
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<ns0:BillSection id="id_7BA940FC-6E83-4520-86D8-7F1E496F47CF">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 272.5 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_49E10CCA-5488-4688-B679-7430EF7BEBE4">
<ns0:Num>272.5.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, and except as provided in subdivision (b), the board of supervisors in a county with a population of at least 6,000,000 people may delegate to a county official who has jurisdiction over youth development, diversion, and reentry all or
part of the duties and authorities concerning individuals who are under the jurisdiction of the juvenile court pursuant to Section 450, 601, or 602, as described in paragraphs (2) and (3), inclusive, of subdivision (a) of Section 27771 of the Government Code. The county board of supervisors shall delegate all or part of these
duties and authorities to a county official that is part of a collective bargaining unit.
</html:p>
<html:p>Nothing in this subdivision shall result in the loss of represented staff currently employed by a county probation department without cause or prohibit any staff or department from performing duties delegated to it by the county board of supervisors.</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board of supervisors shall not delegate pursuant to subdivision (a) a duty or authority that any law requires to be undertaken by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 827 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>827.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in Section 828, a case file may be inspected only by the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Court personnel.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor who is the subject of the proceeding.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The minor’s parent or guardian.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The attorneys for the parties, judges, referees, other hearing officers, probation officers,
county officials who have been delegated duties, authorities, or both pursuant to Section 272.5 of this code and subdivision (b) of Section 27771 of the Government Code, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The superintendent or designee of the school district where the minor is enrolled or attending school.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Members of the child protective agencies as described in Section 11165.9 of the Penal Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The attorney representing a person who is, or was, subject to juvenile proceedings under Section 601 or 602.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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 and any supporting declarations or exhibits thereto, and argument at hearing. The court may, solely upon its own motion, order the appearance of witnesses. If an objection is not filed to the petition, the court shall review the petition and issue its decision within 10 calendar days of the final day for filing the objection. An order of the court shall be immediately reviewable by petition to the appellate court for the
issuance of an extraordinary writ.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Access to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 or Section 601 or 602 shall be limited as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portions thereof shall prevail. Unless a person is listed in subparagraphs (A) to (P), inclusive, of paragraph (1) and is entitled to access under the other state law or federal law or regulation without a court order, all those seeking access, pursuant to other authorization, to portions of, or
information relating to the contents of, juvenile case files protected under another state law or federal law or regulation, shall petition the juvenile court. The juvenile court may only release the portion of, or information relating to the contents of, juvenile case files protected by another state law or federal law or regulation if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child, minor, or person who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph does not limit the ability of the juvenile court to carry out its duties in conducting juvenile court proceedings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to the release of the juvenile case file or any portion thereof, the court shall afford due process, including a notice of, and an opportunity to file an
objection to, the release of the record or report to all interested parties.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not limit or repeal any other applicable legal standard or protections designed to safeguard private, confidential, or privileged information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving agencies to a person or agency, other than a person or agency authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in
connection with, and in the course of, a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Individuals listed in subparagraphs (A), (B), (C), (D), (E), (F), (H), (I), (J), (P), (S), (T), and (U) of paragraph (1) may also receive copies of the case file. For authorized staff of entities who are licensed by the State Department of Social Services, the confidential information shall be obtained through a child protective agency, as defined in subparagraph (H) of paragraph (1). In these circumstances, the requirements of paragraph (4) shall continue to apply to the information received.
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(6)
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An individual other than a person described in subparagraphs (A) to (P), inclusive, of paragraph (1) who files a notice of appeal or
petition for writ challenging a juvenile court order, or who is a respondent in that appeal or real party in interest in that writ proceeding, may, for purposes of that appeal or writ proceeding, inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court pursuant to subparagraph (Q) of paragraph (1), including any records or portions thereof that are made a part of the appellate record. The requirements of paragraph (3) shall continue to apply to any other record, or a portion thereof, in the juvenile case file or made a part of the appellate record. The requirements of paragraph (4) shall continue to apply to files received pursuant to this paragraph. The Judicial Council shall adopt rules to implement this paragraph.
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(b)
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(1)
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While the Legislature
reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.
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(2)
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(A)
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Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed a felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense
listed in Section 290 of the Penal Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minor’s case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion to avoid being needlessly vulnerable
or to protect other persons from needless vulnerability.
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(B)
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Any information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, the juvenile’s parents or guardians, law enforcement personnel, and the juvenile’s probation officer is necessary to effectuate the juvenile’s rehabilitation or to protect students and staff.
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(C)
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An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
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(3)
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If a minor is removed from public school as a result of the court’s finding described in subdivision (b), the superintendent shall maintain the information in a confidential file and shall defer transmittal of the information received from the court until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, the parole or probation officer having jurisdiction over the minor shall so notify the superintendent of the last district of attendance, who shall transmit the notice received from the court to the superintendent of the new district of attendance.
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(c)
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Each probation report filed with the court concerning a minor whose record is subject to dissemination pursuant to subdivision (b) shall include on the
face sheet the school at which the minor is currently enrolled. The county superintendent shall provide the court with a listing of all of the schools within each school district, within the county, along with the name and mailing address of each district superintendent.
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(d)
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(1)
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Each notice sent by the court pursuant to subdivision (b) shall be stamped with the instruction: “Unlawful Dissemination Of This Information Is A Misdemeanor.” Any information received from the court shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor’s subsequent schools of attendance and maintained until the minor graduates from high school, is released from juvenile court jurisdiction, or reaches 18 years of age, whichever occurs first. After that time, the confidential record shall
be destroyed. At any time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or the minor’s parent or guardian shall have the right to make a written request to the principal of the school that the minor’s school records be reviewed to ensure that the record has been destroyed. Upon completion of the requested review and no later than 30 days after the request for the review was received, the principal or a designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.
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(2)
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Except as provided in paragraph (2) of subdivision (b), liability shall not attach to a person who transmits or fails to transmit notice or information required
under subdivision (b).
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(e)
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For purposes of this section, a “juvenile case file” means a petition filed in a juvenile court proceeding, reports of the probation officer, and all other records, including any writing as defined in Section 250 of the Evidence Code, or electronically stored information relating to the minor, that is filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.
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(f)
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The persons described in subparagraphs (A), (E), (F), (H), (K), (L), (M), and (N) of paragraph (1) of subdivision (a) include persons serving in a similar capacity for an Indian tribe, reservation, or tribal court
when the case file involves a child who is a member
of, or who is eligible for membership in, that tribe.
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(g)
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Any portion of a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786, or that is covered by a record sealing requirement pursuant to Section 786.5 or 827.95, may not be inspected, except as specified by those sections.
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