Bill Text: CA AB899 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Juveniles: confidentiality of records.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-09-04 - Chaptered by Secretary of State - Chapter 267, Statutes of 2015. [AB899 Detail]

Download: California-2015-AB899-Chaptered.html

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BILL NUMBER: AB 899	CHAPTERED
	BILL TEXT

	CHAPTER  267
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2015
	PASSED THE SENATE  AUGUST 17, 2015
	PASSED THE ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  APRIL 9, 2015

INTRODUCED BY   Assembly Member Levine
   (Coauthor: Assembly Member Alejo)

                        FEBRUARY 26, 2015

   An act to add Section 831 to the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 899, Levine. Juveniles: confidentiality of records.
   Existing law requires the case file of a dependent child or ward
of the juvenile court to be kept confidential, except as specified.
Existing law authorizes only certain persons to inspect the case
file, including, among others, the attorneys for the parties, judges,
referees, other hearing officers, and law enforcement officers who
are participating in proceedings involving the dependent child or
ward.
   This bill would provide that nothing in these provisions
authorizes the disclosure of juvenile information to federal
officials absent a court order upon filing a petition, as specified.
The bill also would provide that nothing in these provisions
authorizes the dissemination of juvenile information to, or by,
federal officials absent a court order upon filing a petition, as
specified. This bill would also provide that nothing in these
provisions authorizes the attachment of juvenile information to other
documents given to, or provided by, federal officials absent prior
approval of the presiding judge of the juvenile court. This bill
would specify that "juvenile information" includes the juvenile case
file and information related to the juvenile, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that juvenile
records remain confidential in order to serve the compelling interest
of avoiding stigma and promoting rehabilitation for juveniles. It is
not the intent of the Legislature to attempt to resist federal
officials.
  SEC. 2.  Section 831 is added to the Welfare and Institutions Code,
to read:
   831.  (a) It is the intent of the Legislature in enacting this
section to clarify that juvenile court records should remain
confidential regardless of the juvenile's immigration status.
Confidentiality is integral to the operation of the juvenile justice
system in order to avoid stigma and promote rehabilitation for all
youth, regardless of immigration status.
   (b) Nothing in this article authorizes the disclosure of juvenile
information to federal officials absent a court order of the judge of
the juvenile court upon filing a petition as provided by
subparagraph (P) of paragraph (1) of subdivision (a) of Section 827.
   (c) Nothing in this article authorizes the dissemination of
juvenile information to, or by, federal officials absent a court
order of the judge of the juvenile court upon filing a petition as
provided by subparagraph (P) of paragraph (1) and paragraph (4) of
subdivision (a) of Section 827.
   (d) Nothing in this article authorizes the attachment of juvenile
information to any other documents given to, or provided by, federal
officials absent prior approval of the presiding judge of the
juvenile court as provided by paragraph (4) of subdivision (a) of
Section 827.
   (e) For purposes of this section, "juvenile information" includes
the "juvenile case file," as defined in subdivision (e) of Section
827, and information related to the juvenile, including, but not
limited to, name, date or place of birth, and the immigration status
of the juvenile that is obtained or created independent of, or in
connection with, juvenile court proceedings about the juvenile and
maintained by any government agency, including, but not limited to, a
court, probation office, child welfare agency, or law enforcement
agency.
   (f) Nothing in this section shall be construed as authorizing any
disclosure that would otherwise violate this article.
   (g) The Legislature finds and declares that this section is
declaratory of existing law.