San Mateo — 23-170

Source: https://sanmateo.courts.ca.gov/system/files/general-information/23-170.pdf

Sparse pages use OCR; original PDF remains authoritative.

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coc Oo @ FILED SAN MATEO COUNTY AUG 16 2023 IN THE SUPERIOR COURT OF THE STATE OF A ES y 2 IN AND FOR THE COUNTY OF SAN MATEO PUG IN SESSION AS A JUVENILE COURT ) Standing Order 23- 110 = — — — = _ ) STANDING ORDER REGARDING ) RELEASE OF POLICE REPORTS LISTING ) MINORS AS WITNESSES OR VICTIMS ) ) This Court finds that crime survivors including survivors of domestic violence and sexual assault may need copies of police records including but not limited to incident reports and police reports to protect themselves from further abuse, access benefits, and seek legal relief as crime victims of offenses allegedly committed by an adult. California law, including but not limited to Family Code § 6228, explicitly recognizes survivors’ need for domestic violence and sexual assault reports, requiring law enforcement agencies to provide survivors with copies of these report quickly and without cost. This court further finds that California Welfare and Institutions Code § 827 et seq. protects minor suspects’ confidentiality by requiring a juvenile court order to obtain copies of arrest records involving the taking of minors into custody, or minors that came within the jurisdiction of the juvenile court but “does not govern the release of police records involving a minor who is the witness to or victim of a crime.” Id. (emphasis added). See W&l § 827.9(a). A juvenile court order or Form JV-575 is not required for law enforcement to release a report listing a minor as a victim or witness to a crime allegedly committed by an adult. Release of reports regarding adult crime suspects is governed by other law, including but not limited to Family Code § 6228, whether or not minors are listed as victims or witnesses. GOOD CAUSE APPEARING THEREFORE, and in accordance with the provisions of California Welfare & Institutions Code §827 et seg. and Family Code §6228 et seq. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT law enforcement agencies including police departments shall not require a juvenile court order on Form JV-575 to release reports unless the report involves “the taking of a minor into custody, temporary custody, or detention (juvenile Standing Order - 8 //#/2023 Page 1

police records)” within the meaning of Welfare and Institutions Code § 827.9(a) or the minor came within the jurisdiction of the juvenile court. Law enforcement agencies including police departments shall release reports listing minors as victims and witnesses where the alleged perpetrator was an adult at the time of the crime in accordance with other laws governing release of police reports, including but not limited to Family Code §6228. IT IS SO ORDERED. ~pated_AUG 44 2023 Signed Haas Lat Ey 00 a JUDICIAL OFFICER SUSAN IRENE ETEZAD) Standing Order -‘/ /2023 Page 2