Kern — SO-2021-05

Source: https://www.kern.courts.ca.gov/system/files/general/jjc_immigration_info_2021-05.pdf

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6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF KERN METROPOLITAN DIVISION 8 JUVENILE JUSTICE CENTER

9 In the Matter of Standing Order 10 Order Permitting Access to Records No. 2021-05 11 to Facilitate the Lawful Immigration Status of Dependent Minors and Non12 Minors Misc. No. J'0f\Cf5~~\ ::>-co13

14 IT IS HEREBY ORDERED AS FOLLOWS:

15 The Court finds that release of records described below is necessary in order to

16 facilitate the lawful immigration status of minors and non-minors who are dependents

17 of the Kern County Juvenile Court. The release of the information necessary to facilitate

1 a the lawful immigration status of minors and non-minors who are dependents of the Kern

19 County Juvenile Court is in the best interests of such youth, and it will not be detrimental

20 to the safety protection, or physical or emotional well-being of these youth.

21 I. Therefore , the Court issues this Standing Order as follows:

22 a. If a minor or non-minor dependent or ward who is ·12 years of age or

23 older authorizes such in writing, the attorney representing the minor or

24 non-minor dependent may share information about the child's

25 dependency case, including the petition, minute orders, formal orders,

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,1 and court reports with the attorney from Kids in Need of Defense ;2) ("KIND") and the United Farmworkers (UFW) Foundation for the

3 purpose of facilitating lawful immigration status for the minor. Release

4 of files or information that is confidential pursuant to Welfare and

5 Institutions Code sections 5328, 827, or 10850 et seq., pursuant to this

6 Standing Order shall be considered disclosed for purposes directly

7 connected with the administration of public social services as that term

8 is used in Welfare and Institutions Code section 10850, and shall be

9 considered communications between qualified professional persons in

10 the provision of services or appropriate referrals as referenced in

11 Welfare and Institutions Code section 5328.

12 b. An court-appointed attorney who represents a dependent minor or

13 ward who is under the age of 12 years, who after sufficient

14 investigation and consideration of the minor's expressed wishes

15 believes that pursuit of lawful immigration status is in the best interests

16 of the minor, may share information about the child's dependency

17 case, including the petition, minute orders, formal orders, and court

18 reports with the attorney from KIND and the UFW Foundation for the

19 purpose of facilitating lawful immigration status for the minor. Release

20 of files or information that is confidential pursuant to Welfare and

21 Institutions Code sections 5328, 827, or 10850 et seq., pursuant to this

22 Standing Order shall be considered disclosed for purposes directly

23 connected with the administration of public social services as that term

24 is used in Welfare and Institutions Code section 10850, and shall be

25 considered communications between qualified professional persons in

Standing Order - re Access to Records for Immigration Status Page 2

the provision of services or appropriate referrals as referenced in

2 Welfare and Institutions Code section 5328.

3 c. KIND and the UFW Foundation are prohibited from disseminating the

4 information and documents released to them outside the scope of

5 proceedings to establish the lawful immigration status of the minor or

6 non-minor dependent. Any information or documents released in the

7 context of such proceedings must maintain the confidentiality of the

8 information or documents, such as filing them under seal or in

9 confidential filings.

10 d. Upon conclusion of proceedings to establish the lawful immigration

11 status of minors and non-minors who are dependents of the Kern

12 County Juvenile Court, all records released to KIND or the UFW

13 Foundation shall be returned to the Court for destruction.

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15 THIS ORDER IS EFFECTIVE IMMEDIATELY.

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17 Dated: November 18, 2021

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19 Susan M Presiding Judge oft ile Court 20

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