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Obtaining Records of A Juvenile in A California Civil Action
Obtaining Records of A Juvenile in A California Civil Action
This article will discuss how to obtain a law enforcement agency report involving a juvenile; and
how 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 Court’s
website: http://www.courts.ca.gov/forms.htm
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 of Welf. & 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 Records
and Objection.
2. JV-575: Petition to Obtain Report of Law Enforcement Agency.
Procedure:
Background:
California Rules of Court Rule 5.552 provides a way to obtain a juvenile case file. The purpose
of CRC Rule 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:
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 CRC Rule 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 a
bi-weekly e-zine on all topics relating to civil litigation. Additionally, Barbara is the owner and
creator of Deadline 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.
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 which
this newsletter may be linked.