6323.5. (a) (1) In accordance with Section 6322, a court may include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.
(2) A parent or guardian may provide a copy of an order with a provision specified in paragraph (1) to an essential care provider or a discretionary services organization, or both.
(b) (1) (A) An essential care provider shall, on or before February 1, 2023, develop protocols
relating to the provider’s compliance with the order described in subdivision (a), including, at a minimum, designating the appropriate personnel responsible for receiving the protective order, establishing a means of ensuring that the restrained party is not able to access the records or information, and implementing a procedure for submission of a copy of an order and for providing the party that submits the copy of the order with documentation indicating when, and to whom, the copy of the order was submitted.
(B) A discretionary services organization that is provided an order described in subdivision (a), shall develop the protocols specified in paragraph (1) within 30 days of receipt of the first order.
(2) If an essential care provider or discretionary services organization
is provided with a copy of an order described in subdivision (a), the essential care provider or discretionary services organization shall not release information or records pertaining to the child to the restrained party. This requirement applies regardless of whether the essential care provider or discretionary services organization has finalized the protocols described in paragraph (1).
(c)(1)An essential care provider or discretionary services organization shall not be held civilly liable for claims arising as a result of withholding records or information from the parent who is a respondent on a restraining order
described in subdivision (a) if, in complying with the order, the essential care provider or discretionary services organization acted in good faith. (2)Paragraph (1) shall not apply to an essential care provider or discretionary services organization that is not in compliance with subdivision (b) unless it was within 30 days of receiving their first restraining order described in subdivision (a). (d)
(c) The Judicial Council shall develop or update any forms or rules of court that are necessary to implement this section.
(d) For purposes of this section, the following definitions apply:
(1) “Discretionary services organization” includes any organization that provides nonessential services to children, such as recreational activities, entertainment, and summer camps. “Discretionary services organization” also includes a place of employment of a minor described in subdivision (a).
(2) “Essential care provider” includes a public or private school, health care facility, daycare facility, dental facility, or other similar organization that frequently provides essential social, health, or care services to children.
(e) Subdivisions (a), (b),
(c), and (e) and (d) shall become operative on January 1, 2023.