Juveniles: case file inspection.

Senator Allen’s measure would change who may inspect juvenile case files by replacing the current roster of authorized inspectors with a framework that permits the county counsel or city 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, to inspect and receive copies of juvenile case files. The bill would also authorize 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—where the defendant is the child welfare agency, probation department, or an employee of those entities—to inspect and obtain copies for use in that civil proceeding, and would authorize an attorney who represents a person who is or was the subject of juvenile proceedings to access juvenile case files.

Access would continue to be governed by the confidentiality framework that applies to juvenile case files, with specific authorizations tied to the roles described above. For civil proceedings, information and copies may be used only in the civil matter and shall not be disseminated to individuals not entitled to access under the subparagraphs, and must be returned and destroyed after the proceeding concludes. For agency-related duties, confidential information may be shared with authorized staff necessary to perform those duties, and any court filings containing confidential material may be sealed unless otherwise ordered. The bill also provides that the immigration status of individuals and related information shall remain confidential unless a court orders otherwise, and it directs that the Judicial Council adopt rules to implement related provisions and, in certain circumstances, requires the court to consider sealing requests. Affected records may be accessed only under the conditions specified and must be returned or destroyed when appropriate.

The measure would impose a state-mandated local program, with reimbursement to local agencies and school districts if the Commission on State Mandates determines that costs are mandated by the state. It preserves existing procedures for access to records in certain juvenile proceedings and public-release considerations for deceased children, including redaction and due-process protections, while extending the scope of who may access the files in specified dependency, child welfare, and probation contexts. The authors’ findings describe a limited exception to confidentiality intended to promote communication among juvenile courts, family courts, law enforcement, and schools to support rehabilitation, a rationale the bill frames as motivating the revised access framework.