Opinion
In this сonsolidated appeal, the San Mateo County Human Services Agency (Agency) appeals from two orders of the juvenile court of San Mateo County (County) granting petitions for disclosure of the juvenile records of Elijah S. and Savannah R., filed pursuant to Welfare and Institutions Code section 827, subdivision (a)(2)
In light of the plain language of the statute and applicable case law, we hold that the juvenile court has exclusive authority to order release of
Factual and Procedural Background
Appellant Agency is the County agency with administrative responsibility for the delivery of child welfare services. As such, it is the custodian of confidential child welfare and social services records pertaining to the deceased minors, Elijah S. and Savannah R. (the minors) and their families. (§ 10850; Pen. Code, § 11167.) On August 11 and 28, 2003, the Times filed petitions pursuant to section 827 for disclosure of all Agency records and juvenile court records pertaining to the two minors. On August 19 and 20, 2003, the Chronicle did the same. In its petitions, the Chronicle alleged “on information and belief’ that both minors wеre dependents of the juvenile court at the time of their deaths.
The juvenile court initially granted the petitions filed by the Times with respect to Elijah S. and by both the Times and the Chronicle with respect to Savannah R., without a hearing. However, by subsequent notice dated August 28, 2003, the juvenile court set a hearing for September 12, 2003, on the petitions regarding both minors, and ordered the Agency to bring to the hearing all documents in its possession pertaining to the two minors.
At the hearing on September 25, 2003, the Times argued that it should be granted access to the documents with respect to Savannah R. because court files on the child’s father showed that the Agency had been involved with her family from the time of her birth, and the juvenile herself had died before the filing of a jurisdictional petition in her case.
At the conclusion of the hearing, the juvenile court granted respondents’ petitions for disclosure of the Agency’s records on the deceased juveniles. The court found that under section 827 and the case law interpreting it, the juvenile court had authority to determine whether to release juvenile records regardless of whether formal jurisdictional proceedings had been initiated with respect to the juveniles in question. The court verified the existence, accessibility and extent of the subject records, and agreed to conduct an in camera review of the documents prior to release in order to redact any information that could affect the rights and interests of persons mentioned in them other than the deceased minors themselves. After initially denying the
The Agency timely appealed, and sought to stay the juvenile court’s order pending resolution of this appeal. This court granted the Agency’s petition for writ of supersedeas by order dated October 22, 2003, staying enforcement of the orders directing the release of juvenile records with respect to both Savannah R. and Elijah S.
Release of Juvenile Records of Deceased Minors Under Section 827
Generally, a juvenile court has broad and exclusive authority to determine whether and to what extent to grant access to confidential juvenile records pursuant to section 827. (T.N.G. v. Superior Court (1971)
Section 827 governs the granting of access to confidential juvenile records by individuаls and the public. Section 827, subdivision (a)(1)(A) through (L) sets out the categories of persons with the right to inspect juvenile records without court order.
In considering such a petition for obtaining access to juvenile case records, the juvenile court must balance the interests of the minor and those of the public, and permit disclosure only where not inconsistent with the best interests of the juvenile whose file is sought. (Keisha, supra, 38 Cal.App.4th at pp. 235-241; § 827, subd. (a)(2), (3)(A).)
Jurisdictional Determination by Juvenile Court Under Section 300
The only specifically jurisdictional requirement set out in section 827, subdivision (a)(2) with regard to the mandatory release of juvenile case files is that such files “pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300.” (Italics added.) Section 300 broadly provides that li[d\ny child” who has suffered specified physical or emotional neglect or abuse—or who is at “substantial risk” of suffering such neglect or abuse in the future—“is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court.” (Italics added.) The specific descriptions of children “within the jurisdiction of the juvenile court” under Section 300 include any child who has suffered, or is at
Thus, a child is by definition “within the jurisdiction of the juvenile court pursuant to Section 300” if he or she is one who either has suffered or will likely suffer serious neglect or abuse, without regard to whether a section 332 dependency petition—or indeed any jurisdictional petition—has yet been filed to establish that particular child as a dependent of the juvenile court. (10 Witkin, Summary of Cal. Law (9th ed. 1989) Parent and Child, § 466, p. 509.) Like section 827, section 300 itself contains no requirement making the filing of a dependency petition a prerequisite to the exercise of juvenile court jurisdiction. To the contrary, section 300 expressly provides that the juvenile court “may adjudge” any child who is “within the jurisdiction of the juvenile court ... to be a dependent child of the court.” (Italics added.) By implication, such a child may come “within the jurisdictiоn of the juvenile court” before the juvenile court has adjudged him or her to be a dependent child. By extension, “a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300” for purposes of section 827, subdivision (a)(2) need not have been the subject of any section 332 dependency petition for the juvenile court to have jurisdiction to release his or her records.
Left unstated by either section 300 or section 827 is the question of which party must demonstrate that a given deceased minor “was within the jurisdiction of the juvenile court” under section 300 by virtue of the fact said minor “comes within any of the . . . descriptions” set out in that statute. Because this question is jurisdictional in nature, we conclude that it is the proponent of disclosure—i.e., the party filing a petition for access to confidential juvenile records under section 827—who must make that threshold
In this case, the juvenile court did not make an express finding or determination that either of the deceased minors came within its jurisdiction pursuant to section 300. Nevertheless, the court had before it public court records reflecting Agency involvement with family members of at least one оf the minors; the testimony of child welfare services supervisor Brady that the County retained any juvenile records generated by the Agency indefinitely; statements on the record by the Agency’s attorney confirming its possession of records dealing with the subject deceased minors; and the actual Agency records themselves.
Most significantly, the juvenile court had before it the Agency’s failure to contest the respondents’ allegation that the subject minors came within the definitional descriptions set out in section 300. The record shows that respondents’ petitions alleged on information and belief that the deceased minors had been within the dependency jurisdiction of the juvenile court. The Agency did not challenge the legal sufficiency of these allegations of the petitions by way of demurrer or any equivalent motion. Neither did it present any evidence demonstrating that either Elijah or Savannah was not “within the jurisdiction of the juvenile court pursuant to Section 300.” The Agency’s sole argument has consistently been that, in the absence of the filing of a dependency petition pursuant to section 332, the juvenile court lacked jurisdiction to order the rеlease of the minors’ records under section 827, subdivision (a)(2). The Agency thereby waived any defect in the substantive allegations of respondents’ petitions, and chose to litigate instead on the purely procedural issue of whether public access to its own records could be sought via section 827 in the absence of any previous dependency petition— presumably, one that would have been brought by the Agency itself. (Cf. In re Jessica C., supra, 93 Cal.App.4th at pp. 1037-1038.)
On this record, therefore, the Agency has effectively waived any opposition to respondents’ allegation that the deceased minors were within the juvenile court’s section 300 jurisdiction. We conclude that in ordering the subject juvenile records to be disclosed, the juvenile court made an implied determination that the deceased minors came within the definitional descriptions enumerated in section 300, and were therefore within its jurisdiction,
Effect on Juvenile Court Jurisdiction of Agency Failure to File Prior Dependency Petition
Turning to the central issue in this case, the Agency argues that the language in section 827, subdivision (a)(2) requiring that a deceased child havе been “within the jurisdiction of the juvenile court pursuant to Section 300” implies that, as a prerequisite to any juvenile court order permitting disclosure of juvenile case records, there must have been a jurisdictional finding entered pursuant to a previous section 332 dependency petition filed with regard to the deceased minor.
Code of Civil Procedure section 1858 states the “general rule” for construction of statutes as follows: “In the construction of a statute . . . , the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.” (See California Fed. Savings & Loan Assn. v. City of Los Angeles (1995)
On their face, neither subdivision (a)(1)(H) nor subdivision (a)(2) of section 827 contains any language mating the filing of an ancillary juvenile petition to declare a minor a dependent or ward of the juvenile court a
Our construction of the relevant statutory language finds support in the numerous provisions of the Welfare and Institutions Code that assume a child may be “within the jurisdiction of the juvenile court” pursuant to section 300 in the absence of, or prior to, the filing of a section 332 petition. Thus, section 301 specifically permits the provision of supervision programs to abused or neglected children “within the jurisdiction of the juvenile court” under section 300, “in lieu of filing” any petition for a formal judicial determination of dependency.
As these statutory provisions clearly demonstrate, the Welfare and Institutions Code contemplates that a child can be “within the jurisdiction of the juvenile court pursuant to Section 300,” prior to or even “in lieu of [the] filing” of a dependenсy petition under section 332. (§ 301, italics added.) Indeed, the duties of a juvenile court to provide welfare services to abused and neglected children within its section 300 jurisdiction, and to supervise the provision of such services by social workers and county social service agencies, extend well beyond formal dependency proceedings initiated in response to the filing of a section 332 petition. Among other things, these duties include the review and supervision of county social service agencies’ investigation of suspected cases of child abuse or neglect, and such agencies’ performance in deciding whether to initiate formal dependency proceedings. Although the county agencies bear the initial responsibility for such investigations, they must account to the juvenile court on the results of their investigations and the reasons for the actions they take. Thus, it is the juvenile court that bears ultimate supervisory responsibility with respect to agency contacts with and actions taken regarding children described by section 300 as “within the jurisdiction of the juvenile court.” (§§ 300, 301, 302, 329, 331; cf. In re Ashley M. (2003)
Although there appear to be no cases directly on point, the jurisdictional authority of the juvenile court to act to release records relating to a deceased child under section 827, subdivision (a)(2), despite the absence of a previous dependency petition pursuant to section 332, is supported by decisional authority in several analogous cases. Thus, in T.N.G. v. Superior Court, supra,
Relying on T.N.G., the appellate court in Wescott v. County of Yuba (1980)
The Agency attempts to distinguish both T.N.G. and Wescott on the grounds those cases were not dependency cases under section 332, and instead were delinquency matters involving the confidentiality of police records of juveniles who had been detained without the filing of any delinquency petitions against them pursuant to section 601 et seq. This factual distinction is immaterial to the issue in this case. The Agency’s interpretation would render the scope of the juvenile court’s jurisdictional authority over juvenile records contingent on whether the records at issue were generated by a police department or by a child welfare or social services agency. However, there is no authority for differentiating between the exclusive jurisdiction of the juvenile court over juvenile records generated in a delinquency context from its jurisdiction over the equally confidential juvenile records which arise in a child welfare or dependency context. In both instances, the juvenile court is in the best position to weigh competing concerns with respect to disclosure.
Contrary tо the Agency’s position, the courts have consistently upheld the juvenile court’s jurisdiction to control access to juvenile dependency records regardless of whether they were generated by a child protective agency or in the context of a delinquency matter. Thus, as the court of appeal in Lorenza P. v. Superior Court (1988)
Statutory Definition of “Juvenile Case Files”
The Agency insists its position—that the juvenile court was without jurisdiction to act on the section 827 petition to disclose the juvenile records of a deceased minor in the absence of a preceding juvenile dependency or delinquency petition with regard to that minor—is supported by the statutory definition of a “juvenile case file” found in subdivision (e) of section 827 and the implementing rule at California Rules of Court, rule 1423. Once again, we disagree with the Agency’s interpretation.
As seen, section 827, subdivision (a)(2) expressly provides that “juvenile case files” pertaining to “a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300” “shall be released to the public” by the juvenile court upon the filing of a petition, with notice and opportunity to object having been given to “interested parties.” The term “juvenile case files” is defined by section 827, subdivision (e), which provides as follows: “For purposes of this section, a ‘juvenile case file’ means a petition filed in any juvenile court proceeding, reports of the probation officer, and all other documents filed in that case or made available to the probation officer in making his or her report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.” (Italics added.)
On its face, this statutory definition of “juvenile case files” includes “reports of the probation officer” and “all other documents” which have been “made available to the probation officer.” Such “documents” necessarily include reports or other written statements by social workers, probation
Rule 1423
The Agency also cites rule 1423 of the California Rules of Court in support of its argument that the juvenile court’s authority over juvenile case files does not extend to records maintained by public agencies unless a section 332 petition has been filed.
Thus, rule 1423(a) includes in the list of documents qualifying as “juvenile case files” reports by probation officers and “social workers of child welfare services programs,” as well as documents “made available” to probation officers and social workers, and records or reports “relating to matters prepared or released by” a probation department or child welfare services program. (Cal. Rules of Court, rule 1423(a)(2), (3), (5).) All of these documents may have been generated by investigations preceding the filing of any dependency petition, and none is contingent upon a petition ever having been filed. Indeed, two of the six categories of records specifically enumerated by rule 1423 as within the definition of “juvenile сase files” are “[a]ll documents filed in a juvenile court case” and “[d]ocuments relating to a child concerning whom a petition has been filed in juvenile court.” (Cal. Rules of Court, rule 1423(a)(1), (4).) The express inclusion of these two categories in rule 1423(a) indicates that other documents also listed as within the definition of “juvenile case files” may include records relating to minors as to whom no petition has been filed in juvenile court, as well as documents which have never been filed in any juvenile court case. (See 87 Ops.Cal.Atty.Gen. supra, at pp. 75-76.)
Moreover, even if the language of rule 1423 could somehow be interpreted as purporting to restrict the scope of the juvenile court’s authority to permit disclosure of juvenile records pursuant to section 827—a construction which we reject—such a reading of the rule would have no validity or effect on the jurisdiction or authority of the juvenile court. “The Judicial Council is authorized to ‘adopt rules for court administration, practice, and procedure, not inconsistent with statute,. . .’ (Cal. Const., art. VI, § 6.) To the
Section 10850
The Agency argues that section 10850 bars the release of the records at issue here, on the grounds that until a dependency petition has been filed pursuant to section 332, the Agency has the obligation to maintain the confidentiality of any juvenile records under its control with respect to the provision of child welfare services. Section 10850 establishes the confidentiality of certain social service agency records and bars their release except upon specified conditions.
This assertion has been specifically rejected by the courts. Thus, in Keisha, supra,
Legislative History
Finally, the Agency argues that the legislative history of section 827 supports its assertion that the juvenile court may only order disclosure of the records of a deceased minor within its jurisdiction under section 300 when a juvenile dependency or delinquency petition has previously been filed regarding the subject child. In connection with this argument, the Agency has filed a request for judicial notice of documentation from the legislative history. By April 1, 2004, order we deferred consideration of this request to our decision of this appeal on the merits.
We now grant the Agency’s request for judicial notice of the subject legislative history materials pursuant to Evidence Code sections 452 and 459. It is of no assistance, however, to the Agency’s argument. In the first place, the legislative history strongly supports the conclusion that in enacting section 827, subdivision (a)(2), the Legislature intended to significantly increase the public’s right of access to otherwise confidential juvenile records concerning deceased children, by creating a presumption in favor of the release of such records based on the premise that the child’s death had eliminated his or her legal interest in the confidentiality of such records. (See Pack v. Kings County Human Services Agency, supra,
More significantly, the legislative history shows that the Legislature was interested in opening up to public view the workings of the entire juvenile court and child protective system for the purpose of exposing deficiencies therein, and thereby enabling their correction. The legislation was specifically introduced in the wake of the deaths of several dependent children who died while in foster care or otherwise under the jurisdiction of the juvenile court, allegedly as a result of negligence by a county child protective agency. The
This lеgislative purpose of opening up the workings of the child welfare system to public scrutiny would not be advanced by limiting disclosure of juvenile records to only those generated and maintained by the juvenile court after a minor had already been declared a dependent. Indeed, imposing such a restriction on the power of the juvenile court to release records would effectively make it impossible to investigate the kinds of errors or negligence that might lead to the death of a minor before the responsible agency had filed a dependency petition with the juvenile court. Such deficiencies could only be exposed if the juvenile court maintains authority to order the release of such documentation regardless of whether or not a juvenile dependency petition had previously been filed.
Disposition
In sum, we hold that under section 827, subdivision (a)(2), the juvenile court has jurisdiction and exclusive authority to order the disclosure of juvenile records pertaining to a deceased child who came within the jurisdiction of the juvenile court as set out in section 300, regardless of whether a juvenile dependency petition pursuant to section 332 hаd been filed prior to or concurrently with the filing of the request for disclosure under section 827. The juvenile court did not abuse its discretion in granting the requests for disclosure made in this case, subject to its review of the relevant records in camera and the redaction of any information that might affect the rights and interests of third parties mentioned in the documents.
Corrigan, J., and Parrilli, J., concurred.
Notes
Unless otherwise indicated, all further unspecified statutory references are to the Welfare and Institutions Code.
The Chronicle alleged on information and belief that Savannah R. had died in February 1995, and that Elijah S. had died in December 2000. Neither of the Chronicle’s petitions, nor those of the Times, contained any more allegations about the cause of the minors’ deaths, or the alleged connection between their deaths and the Agency. Respondents have requested that this court take judicial notice of certain newspaper articles allegedly concerning the minors in this case. By order dated May 28, 2004, we deferred consideration of the request to the decision of this appeal on its merits. There is nothing in the record showing that these documents were presented to the juvenile court below. In view of that fact, the material is of questionable relevance or materiality, and we now deny the request for judicial notice on that basis.
At the hearing ultimately held on September 25, 2003, the juvenile court indicated that its initial orders granting the respective petitions regarding Savannah R. were erroneous, and superseded by the court’s subsequent order setting all the petitions for hearing.
It appears from the transcript of the hearing that the position of the Times at the hearing on September 25, 2003, was presented by the Times news reporter who had filed the petitions on behalf of that newspaper. The Agency has not raised on this appeal any issue regarding the manner of the Times’ representation at the hearing in juvenile court, or the way in which the Times’ position was argued below.
Among others, these include court personnel; district attorneys and city attorneys authorized to prosecute criminal or juvenile casеs; the minor who is the subject of the proceeding and his or her parents or guardian; attorneys, judges, referees, hearing officers and law enforcement officers actively participating in criminal or juvenile proceedings involving the minor; members of child protective agencies; the superintendent of the school district where
Section 827, subdivision (a)(3) provides in pertinent part as follows: “Access to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 shall be limited as follows: [ft] (A) . . . Unless a person is listed in subparagraphs (A) to (L), 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 who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph shall not be construed to limit the ability of the juvenile court to carry out its duties in conducting juvenile court proceedings.”
Section 827 provides in pertinent part as follows: “(a) [ft] . . . [ft] (2) 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 which could identify another child, except for infоrmation 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
“(b)(1) 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 tо lessen the potential for drug use, violence, other forms of delinquency, and child abuse.”
“In contrast to the veritable presumption in favor of confidentiality that attends the juvenile records of a living child, subdivision (a)(2) reflects a veritable presumption in favor of release when the child is deceased. (See Assem. Republican Caucus, analysis of Sen. Bill No. 199 (1999-2000 Reg. Sess.) as amended May 6, 1999, June 26, 1999, p. 1; Assem. Com. on Judiciary, Rep. on Sen. Bill No. 199 [(1999-2000 Reg. Sess.)] as amended May 6, 1999, p. 3; Sen. Com. on Judiciary, 3d reading analysis of Sen. Bill No. 199 (1999-2000 Reg. Sess.) as amended July 1, 1999, p. 1.) Thus, unlike records pertaining to a living dependent, which must be maintained as confidential unless some sufficient reason for disclosure is shown to exist, records pertaining to a deceased dependent must be disclosed unless the statutory reasons for confidentiality are shown to exist.” (Pack v. Kings County Human Services Agency, supra,
Section 300 provides in pertinent part: “Any child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court: []Q (a) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian. . . . H] (b) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse. [ID (e) The child is under the age of five and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child.” (Italics added.)
Neither party has addressed the issue of burden of proof on this threshold jurisdictional issue, either in the juvenile court below or in this court on appeal. We therefore do not attempt to decide what may constitute а sufficient factual demonstration to make a prima facie showing that a deceased minor “was within the jurisdiction of the juvenile court pursuant to Section 300.”
In its opening brief on appeal, the Agency never actually identified the kind of “petition” it argues must previously have been filed before a juvenile court has jurisdiction to act on a petition to disclose records under section 827. After respondents pointed this out in their brief, the Agency’s reply brief identified the necessary petition as a dependency petition under section 332.
Section 301, subdivision (a) provides in pertinent part as follows: “In any case in which a social worker after investigation of an application for petition or other investigation he or she is authorized to make, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within that jurisdiction, the social worker may, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with consent of the child’s parent or guardian, undertake a program of supervision of the child. If a program of supervision is undertaken, the social worker shall attempt to ameliorate the situation which brings the child within, or creates the probability that the child will be within, the jurisdiction of Section 300 by providing or arranging to contract for all appropriate child welfare services .... If the family has refused to cooperate with the services being provided, the social worker may file a petition with the juvenile court pursuant to Section 332. Nothing in this section shall be construed to prevent the social worker from filing a petition pursuant to Section 332 when otherwise authorized by law.” (Italics added.)
On the other hand, under section 313, whenever a minor is taken into custody by a peace officer or probation officer in this way, the minor must be released within 48 hours, excluding nonjudicial days, “unless within said period of time a petition to declare him [or her] a dependent child has been filed.”
“Under the Juvenile Court Law, the juvenile court is authorized to make orders pertaining to abused or neglected children who come within the court’s jurisdiction. (§§ 361, 362.) [|] The county’s social services agency plays a ‘hybrid’ role in dependency proceedings, exercising both executive and judicial functions. [Citation.] ‘The juvenile law system envisions a cooperative effort between thе [social services agency] and the juvenile court.’ [Citation.] The social services agency has the initial responsibility to investigate allegations of abuse or neglect and has authority to take temporary custody of an abused or neglected child. (§ 306.) But the agency must account to the court on the reasons for removing the child from home and
“Welfare and Institutions Code section 827 reposes in the juvenile court control of juvenile records and requires the permission of the court before any information about juveniles is disclosed to third parties by any law enforcement official. [j[] The police department of initial contact may clearly retain the information that it obtains from the youth’s detention, but it must receive the permission of the juvenile court pursuant to section 827 in order to release that information to any third party, including state agencies. Police records in this regard become equivalents to court records and remain within the control of the juvenile court. [Citation.] [f] Since the entire Juvenile Court Law places the responsibility of providing care and protective guidance for youths upon the juvenile court, section 827 provides the means for assuring to the juvenile court the authority to fulfill that responsibility without interference by third parties. In determining what information should be released, the juvenile court is in a position to determine whether disclosure would be in the best interests of the youth.” (T.N.G. v. Superior Court, supra, 4 Cal.3d at pp. 780-781, fn. omitted.)
California Rules of Court, rule 1423 provides in pertinent part: “(a) For the purposes of this rule, ‘juvenile case files’ include: H] (1) All documents filed in a juvenile court case; [][] (2) Reports to the court by probation officers, social workers of child welfare services programs, and court-appointed special advocates; ['][] (3) Documents made available to probation officers, social workers of child welfare services programs, and court-appointed special advocates in preparation of reports to the court; ['][] (4) Documents relating to a child concerning whom a petition has been filed in juvenile court, which are maintained in the office files of probation officers, social workers of child welfare services programs, and court-appointed special advocates; [‘JO (5) Transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program; and HQ (6) Documents, video or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings.
“(b) Only those persons specified in sections 827 and 828 may inspect juvenile court records without authorization from the court. . . . Juvenile court records may not be obtained or inspected by civil or criminal subpoena. Authorization for any other person to inspect, obtain, or copy juvenile court records must be ordered by the juvenile court presiding judge or a judicial officer designated by the juvenile court presiding judge.
“(c) With the exception of those persons permitted to inspect juvenile court records without court authorization under sections 827 and 828, every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization using Judicial Council form JV-570, Petition for Disclosure of Juvenile Court Records. The specific records sought shall be identified based on knowledge, information, and belief that such records exist and are relevant to the purpose for which they are being sought.”
By the same token, the Agency’s reliance on the advisory committee comment on rule 1423 is entirely misplaced. To the extent the advisory committee’s comment purports to read into section 827 a requirement that a dependency or delinquency petition must have been filed before juvenile records may be ordered disclosed, it is without any force or effect. The Judicial Council has no authority to place limitations on the juvenile court’s exclusive authority over juvenile records, or its broad discretion under the Welfare and Institutions Code to regulate the disclosure of confidential records in the interests of juveniles within its jurisdiction. (Keisha, supra,
In pertinent part, section 10850 provides: “Except as otherwise provided in this section, all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to any form of public social services for which grants-in-aid are received by this state from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such program. The disclosure of any information which identifies by name or address any applicant for or recipient of these grants-in-aid to any committee or legislative body is prohibited, except as provided in subdivision (b).” (§ 10850, subd. (a).) Subdivision (b) in turn provides that the identities of aid recipients and any confidential information pertaining to applicants or recipients of aid can be disclosed only to certain entities for certain purposes; and makes a willful violation of its provision a misdemeanor. (§ 10850, subd. (b).)
The Assembly Committee on the Judiciary’s analysis of Senate Bill No. 199 (later enacted at Stats. 1999, ch. 984, § 1) includes the following with respect to the Legislature’s intent in enacting section 827, subdivision (a)(2): “The author introduced this bill to make it easier to investigate possible wrongdoing when a child dies while under the jurisdiction of the dependency court. Current law presumes that juvenile case files are confidential. This presumption, however, may hinder attempts by the public or the parents of the child to determine if the child died as a result of abuse at the hands of those persons responsible for the care of the child. This bill seeks to open the workings of the dependency court and the foster care system to public scrutiny in order to spur improvements in the child welfare system.”