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CA R SAN DIEGO SUPER CT Rule 6.6.4
San Diego Superior Court Rules, Rule 6.6.4
Southern California Local Court Rules
San Diego County
Superior Court
Superior Court of California County of San Diego Local Rules of Court
Division VI. Juvenile
Chapter 6. Access to Confidential Information

Rule 6.6.4. Disclosure of Dependency Records to Persons and Agencies Not Designated in Welfare & Institutions Code Section 827--Petition to View Records (SDSC JUV-004) Required

A. In addition to the persons and agencies designated in Welfare & Institutions Code section 827, the following may have access to dependency records and/or obtain photocopies of dependency records without a prior court order, subject to the conditions specified, on the basis that 1) disclosure will be in the best interest of the child whose records are sought and 2) the information contained in those records is necessary and relevant to a juvenile dependency or delinquency proceeding; a civil or criminal investigation or proceeding; a proceeding involving child custody or visitation; a proceeding involving adoption, guardianship, or emancipation of a minor; an action to establish parentage; an administrative proceeding regarding foster home licensure; a proceeding involving probate or conservatorship; or a proceeding involving domestic violence:

1. Judicial officers of the San Diego Superior Court Family Division, when the child who is the subject of the records, or his or her sibling, is also the subject of custody or visitation proceedings under Family Code section 3000 et seq. (see Fam. Code, §§ 3011, subd. (b), 3020).

2. County Counsel, for the purpose of representing HHSA in a civil action.

3. San Diego County Juvenile Probation Officers, when the child who is the subject of the records is also the subject of juvenile court proceedings under Welfare & Institutions Code section 601 or 602. In such cases, which are subject to the court's Protocol for Coordination in Dual Jurisdiction Matters, the following persons may have access to the child's delinquency records, including minute orders, and/or may obtain photocopies of the delinquency records without a prior court order: [1] HHSA social workers, [2] all dependency attorneys actively participating in juvenile proceedings involving the child, and [3] the child's CASA, if any. Copies of any joint assessment report, prepared pursuant to Welfare & Institutions Code section 241.1 and filed with the court, must be provided to the DA, the child's defense attorney and dependency attorney, County Counsel, the HHSA social worker, the probation officer, any CASA, and any other juvenile court having jurisdiction over the child.

4. CASAs (Voices for Children, Inc.), as provided under Welfare & Institutions Code sections 105, 107.

5. An Indian child's tribe and the Bureau of Indian Affairs, as provided under Title 25, United States Code chapter 21 [Indian Child Welfare Act].

6. Employees or agents of San Diego Superior Court Family Court Services and members of the Family Court Case Consultation Team.

7. Employees or agents of San Diego County Mental Health Services (Health & Human Services Agency).

8. Any licensed psychiatrist, psychologist, or other mental health professional ordered by the San Diego County Superior Court, Family Division, to examine or treat the child or the child's family.

9. Any hospital providing inpatient psychiatric treatment to the child, for purposes of treatment or discharge planning.

10. Any government agency engaged in child protection.

11. The San Diego County Victim Assistance Program and the State Board of Control Victims of Crime Program, for the purpose of providing services to a victim of or a witness to a crime.

12. The Parole Services and Community Corrections Branch of the California Department of Corrections and Rehabilitation, Division of Juvenile Justice.

13. The California Board of Parole Hearings, as provided under Penal Code section 11167.5, subdivision (b)(9).

14. Members of the San Diego County Juvenile Justice Commission.

15. The San Diego County Board of Supervisors or their agent(s), for the purpose of investigating a complaint from a party to a dependency proceeding.

16. Public and private schools, for the sole purpose of obtaining the appropriate school placement for a child with special education needs pursuant to Education Code section 56000 et seq.

17. Investigators and investigative specialists employed by the San Diego County District Attorney and assigned to the Child Abduction Unit, when seeking the records of a child who has been reported as detained or concealed in violation of Penal Code sections 278 and 278.5, for the sole purpose of investigating and prosecuting persons suspected of violating Penal Code sections 278, 278.5, and related crimes.

18. Investigators employed by attorneys who represent parties in dependency proceedings, when seeking records that may be released to the attorney without a court order under Welfare & Institutions Code section 827.

19. The Mexican Consulate, when seeking the records of a child who is in protective custody and/or is before the court for a dependency action, and either: [a] is a Mexican national, or [b] has relatives (as defined in Welf. & Inst. Code, § 319) who are Mexican nationals.

20. The U.S. Social Security Administration, for the purpose of determining a child's eligibility for benefits.

21. The Department of Homeland Security, for the purpose of granting immigration relief.

22. The San Diego County Regional Center for the Developmentally Disabled.

23. The San Diego County Probation Department, when performing its duty under Penal Code section 1203.097 to certify treatment programs for domestic violence offenders, for purposes of documenting a treatment program's failure to adhere to certification standards and identifying serious practice problems in such treatment programs, provided that in any proceeding for the suspension or revocation of a treatment provider's certification or in any document related thereto, the Probation Department must not disclose any child's name.

Persons seeking access to and/or photocopies of dependency records under this rule must fill out, sign, and submit to the clerk in the Juvenile Court Business Office (or other clerk designated to receive such petitions) a "Petition to View Records and/or Request for Copies" (SDSC form JUV-004). The completed form will be kept in the file that is the subject of the Petition and/or Request.

B. In addition to the persons and agencies designated in Welfare & Institutions Code section 827, the following may inspect or receive verbal information regarding dependency records without a prior court order (but must file a Request for Disclosure of Juvenile Case File [JV-570] to obtain photocopies), subject to the conditions specified, on the basis that [1] disclosure will be in the best interest of the child whose records are sought and [2] the information contained in those records is necessary and relevant to the proceeding or purpose for which the records are sought:

1. U.S. Department of Justice prosecutors or their agents.

2. U.S. military prosecutors or their agents.

3. Federal Bureau of Investigation agents.

4. California Attorney General's Office prosecutors.

5. Any other agency or office authorized to investigate or prosecute criminal or juvenile cases under state or federal law.

Persons seeking access to and/or photocopies of dependency records under this subdivision must present a photo I.D. and proof that they are entitled to access and/or photocopies (e.g., law enforcement badge or Bar card).

Persons seeking access (but not photocopies) to dependency records under this subdivision must fill out, sign, and submit to the clerk in the Juvenile Court Business Office (or other clerk designated to receive such petitions) a "Petition to View Records and/or Request for Copies" [SDSC form JUV-004]. The completed form will be kept in the file that is the subject of the Petition and/or Request.

Persons seeking photocopies of dependency records under this subdivision must file a Request for Disclosure of Juvenile Case File [JV-570] (see rule 6.6.2).

C. Persons or agencies obtaining records under this rule must not disclose such records to another person or agency unless authorized to do so by the Juvenile Court. Any unauthorized disclosure may be punishable as provided by applicable laws.

D. This rule is not intended to replace, nullify or conflict with any existing policies of the HHSA, the Probation Department, or any other public or private agency. This rule does not prohibit the release of general information on Juvenile Court policies and procedures.

CREDIT(S)

Eff. Jan. 1, 1999. Renumbered, eff. July 1, 2001. Renumbered and amended, eff. Jan. 1, 2002. As amended, eff. July 1, 2003; Jan. 1, 2005. Renumbered, eff. Jan. 1, 2006. As amended, eff. Jan. 1, 2007; Jan. 1, 2008; Jan. 1, 2010; Jan. 1, 2011.

San Diego County Superior Court Rules, Rule 6.6.4, CA R SAN DIEGO SUPER CT Rule 6.6.4

Current with amendments received through 3/1/2011                              

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