Obtaining Records of a Juvenile in a California Civil Action

8/6/2019 Obtaining Records of a Juvenile in a California Civil Action

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Obtaining Records of a Juvenile in a California Civil Action 08/30/2010By Barbara Haubrich, ACP/CAS

This article will discuss how to obtain a law enforcement agency report involving a juvenile; andhow to obtain a juvenile's criminal case file in connection with a civil action. Each requires a

different petition with the court. Juvenile records are confidential and can be difficult to

obtain. There are very specific guidelines to follow in order to obtain juvenile records. With

few exceptions, it will require the filing of a petition with the juvenile court requesting an order

to release the records. All forms in this article can be obtained at the California Courts

website: http://www.courts.ca.gov/forms.htm

A. How to Obtain a Law Enforcement Agency Report Involving a Juvenile

Background:

Welfare and Institutions Code 827.9 is the statute that covers this topic. In summary,

although law enforcement records of a juvenile should remain confidential, there are certain

circumstances that will require the release of juvenile police records to specified persons and

entities, and certain circumstances when a petition is required. The purpose ofWelf. & Inst.

827.9 is to clarify who is entitled to receive a complete copy of a juvenile police report, and the

process to follow for those who are not entitled to the report.

Forms Involved:

1. JV-580: Notice to Child and Parent/Guardian Re: Release of Juvenile Police Recordsand Objection.

2. JV-575: Petition to Obtain Report of Law Enforcement Agency.

Procedure:

1. Complete Form JV-575: Petition to Obtain Report of Law Enforcement Agency.

2. Submit the Petition to the appropriate law enforcement agency that has custody of the

report. [Note: Although the code does not state that the JV-580 Notice should be filled

out by the Petitioner and provided to the law enforcement agency, I recommend that it

be filled out and submitted along with the Petition as a courtesy to the law enforcement

agency. Additionally, although the code does not state the manner in which to

"submit" the Petition, I recommend that it be submitted either by personal service or by

certified mail to verify the date of the submittal.]

3. The law enforcement agency is then required to serve JV-580: Notice to Child and

Parent/Guardian Re: Release of Juvenile Police Records and Objection. The law

enforcement agency has 20 days from the date of the submittal of the Petition to serve
http://www.courts.ca.gov/forms.htmhttp://www.courts.ca.gov/forms.htm


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the Notice. The Notice must be served on the juvenile that is the subject of the report

and the parents or guardian of the minor involved.

4. The time period for the minor or parents to submit an objection to the law

enforcement agency is 20 days if the notice was served by mail or confirmed by

facsimile; or 15 days if the notice was served by personal service.

5. If no objections are filed, the law enforcement agency must release the juvenile policerecord within 15 days of the expiration of the objection period.

6. If an objection to the release of the police report is submitted to the law enforcement

agency, that agency must send the completed Petition, the objections, and a copy of

the requested juvenile police report to the presiding judge of the Juvenile Court to

obtain authorization from the court to release a complete copy of the juvenile police

record.

7. Prior to making a determination on whether to release the record, the Juvenile Court

must ensure that notice has been given and an opportunity to file an objection has

been provided to the juvenile in question, or to any other minor that may be identified

in the record. The time period for the minor or parents to submit an objection to the

juvenile court is 20 days if the notice was served by mail or confirmed by facsimile; or

15 days if the notice was served by personal service.

8. If time is of the essence, the Petitioner may file a motion with the presiding judge of

the Juvenile Court showing good cause why the objection period should be shortened.

9. After considering the Petition and any objections submitted to the Juvenile Court, the

court will determine whether the law enforcement agency may release a complete

copy of the juvenile police record to the person that submitted the Petition within 15

days of the expiration of the objection period.

B. How to Obtain a Juvenile's Case File

Background:

California Rules of CourtRule 5.552 provides a way to obtain a juvenile case file. The purpose

ofCRCRule 5.552 is to clarify what is contained in a juvenile case file, who is entitled to receive

a complete copy of a case file, and the process to follow for those who are not entitled to the

case file. Juvenile case files are those documents that are contained in a juvenile court case,

including reports to the court by probation officers, social workers, and CASA volunteers.

Forms Involved:

1. JV-571: Notice of Request for Disclosure of Juvenile Case File Re: Release of Juvenile

Case File and Right to File an Objection.

2. JV-570: Request for Disclosure of Juvenile Case File.

3. JV-572: Objection to Release of Juvenile Case File.

4. JV-573: Order on Request for Disclosure of Juvenile Case File.

Procedure:


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1. Complete Form JV-570: Request for Disclosure of Juvenile Court Records. [Note: The

specific records sought must be identified based on knowledge, information, and belief

that these records exist and are relevant to the subject matter being

sought. Additionally, the Petitioner must describe in detail the reasons the records are

being sought and their relevancy to the action for which the Petitioner requests the

records.]2. Complete Form JV-571: Notice of Request for Disclosure of Juvenile Case File.

3. At least 10 days before the petition is submitted to the court, the Petitioner must

personally or by first-class mail serve the Request for Disclosure, Notice of the Request

for Disclosure, and a blank copy of the Objection to Release of Juvenile Case File on

those individuals and entities listed in CRCRule 5.552(d)(1)(B).

4. The Petitioner must then complete the JV-569: Proof of Service-Request for Disclosure

indicating the manner of service and file it with the Juvenile Court.

5. If the Petitioner does not know the identity or address of any of the parties, the clerk

must serve personally or by first-class mail to the last known address a copy of the

Request for Disclosure of Juvenile Case File, Notice of Request for Disclosure of Juvenile

Case File, and a blank copy of the Objection to Release of Juvenile Case File; and

complete the Proof of Service-Request for Disclosure and file them with the court.

6. The court must review the petition and, if Petitioner does nto show good cause, deny

the petition immediately. However, if the Petitioner shows good cause, the court may

set a hearing. The clerk must notice the hearing to the persons and entities involved.

7. Whether or not the court holds a hearing, if the court determines that there may be

information in the records that the Petitioner may be entitled to, the Juvenile Court

judicial officer must conduct an in camera review of the file and any objections, and

assume that all legal claims of privilege are asserted.

8. If, after an in-camera review and review of any objections, the court determines that all

or a portion of the case file may be disclosed, the court must make appropriate orders,specifying the information to be disclosed and the procedure for providing access to it.

Barbara Haubrich is an Advanced Certified Paralegal in Trial Practices and Wrongful Death. She

is also a California Advanced Specialist in Civil Litigation. Barbara is the creator and author of

The California Litigator, a website that is designed to provide resources and

facilitate discussions relating to California state civil litigation. The California Litigator includes abi-weekly e-zine on all topics relating to civil litigation. Additionally, Barbara is the owner and

creator ofDeadline Direct, a downloadable deadline calculating gadget for your Microsoft 7 or

Vista computers. Deadline Direct is a handy tool that gives you all the options you need in

calculating deadlines and syncs a note field with the calculation to Microsoft Outlook as a task,

calendar event, or e-mail.


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DISCLAIMER: Barbara Haubrich, ACP/CAS, is not an attorney. Any information derived from The

California Litigator, and any other statements contained herein, are for information purposes

only, and should not be construed as legal advice or a recommendation on a legal matter. The

information from The California Litigator is not guaranteed to be correct, complete, or

current. Barbara makes no warranty, express or implied, about the accuracy or reliability of

the information provided within this newsletter, or to any other website to whichthis newsletter may be linked.

Documents

Obtaining Records of a Juvenile in a California Civil Action