CHILDREN AND THE LAW
...Delinquency Matters
......Confidentiality of Juvenile Proceedings
.........Access to Records: Sealing
............Criminal Proceedings
 12 Cards On This Topic:
  • Disclosure of juvenile records is subject to balancing test.
  • DA’s 300 records confidential.
  • D not entitled to inspect undisclosed portion of child victim's juvenile dependency file—SC review showed file contained no evidence that was material to defense nor that was required to protect D's right to a fair appeal.
  • Juvenile court properly concluded it could not seal D's juvenile records re battery offense where he also committed W&IC 707 (b) assault after age 14.
  • Prop. 21's amendments to W&IC 781 preclude sealing of juvenile records; amendments violate neither equal protection clauses nor prohibition against ex post facto laws.
  • Juvenile privilege not absolute; proper procedure when seeking disclosure. No action required from court when certain parties desire access.
  • Types of documents relating to juveniles which are confidential.
  • Child’s psychiatric and medical records may be discovered to determine if relevant on issue of competence as witness.
  • Evid. Code §1014 protects minor’s mental records from disclosure, unless privilege waived or exception applies. Showing to be made prior to in camera review.
  • Refusal to grant pretrial discovery of child protective services’ records re D’s alleged sexual molestation not 6th Amend. confrontation right denial; due process requires in camera review of records sought.
  • Right of confrontation paramount over policy of protecting juvenile offender. Pretrial discovery of juvenile record improperly denied.
  • If records sealed, court must treat as though they do not exist, even if it has knowledge that record does exist.


    •