Kern — SO-2020-01

Source: https://www.kern.courts.ca.gov/system/files/general/so_release_of_info_kern_county_dhs.pdf

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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF KERN

9 METROPOLITAN DIVISION , JUVENILE JUSTCE CENTER

10 IN RE: RELEASE OF INFORMATION MISCELLANEOUS NO. JM058128 11 TOTHESUPEffiORCOURTOF CALIFORNIA, COUNTY OF KERN STANDING ORDER 2020-0112 COURT INVESTIGATORS BY KERN 13 COUNTY DEPARTMENT OF HUMAN SERVICES 14

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18 By order of the Presiding Judge of the Juvenile Court pursuant to Welfare and

19 Institutions Code section 827:

20 In order for the Superior Court of California, County of Kern effectively to evaluate

21 and consider the establishment or continuance of guardianships over minors who come

22 before the Probate Court, and to determine the best interests of children who come

23 before the Family Court in custody, termination, and adoption proceedings, it is

24 necessary for the Probate and Family Courts to receive all available information about

25 each child 's circumstances and best interests, including child abuse and neglect history

STANDING ORDER- RELEASE OF INFORMATION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF
KERN COURT INVESTIGATORS BY KERN COUNTY DEPARTMENT OF HUMAN SERVICES PAGE 1

1 information maintained by the Kern County Department of Human Services (OHS).

2 (See Prob. Code, 66 1513, subd. (a); Fam. Code, 66 3011, subd. (a), 3020, subd. (a),

3 3111, 3118, 7850, 9001; Cal. Rules of Court, rule 5.220.) To the extent that this

4 standing order is inconsistent with any prior orders issued, the provisions of this

5 standing order shall prevail.

6 I. Inspection of Juvenile Case Files

7 All OHS records concerning a child about whom a report of suspected child

a abuse or neglect is received or investigated, regardless of whether proceedings were

9 ever initiated in the juvenile court, are part of the "juvenile case file" as defined in Welfare

10 and Institutions Code section 827, subdivision (e), California Rules of Court, rule

11 5.552(a), and In re Elijah S. (2005) 125 Cal.App.4th 1532, 1548-1551.

12 Reports and summaries of child abuse and neglect allegations and investigations

13 that are generated and maintained by OHS or included in California's Child Welfare

14 Services/Case Management System (CWS/CMS) are also part of the juvenile case file

15 and subject to disclosure under Welfare and Institutions Code section 827. (See Castillo

16 v. County of Los Angeles (C.D. Cal. 2013) 959 F.Supp.2d 1255, 1260-1261.) Probate

17 court investigators assigned to a probate guardianship case, and family court

18 mediators/investigators assigned to a family law case (hereafter collectively "court

19 investigators"), are entitled to inspect juvenile case files without a court order. (Welf. &

20 Inst. Code, 6827, subd. (a)(1)(L), (a)(1)(M); Cal. Rules of Court, rule 5.552(b).)

21 The juvenile court has the exclusive authority to determine whether juvenile .

22 records may be released and the extent to which they may be released. (Elijah S.,

23 supra, 125 Cal.App.4th 1532.)

24 Therefore, pursuant to Welfare and Institutions Code sections 827, subdivisions

25 (a)(1)(L) and (a)(1)(M), 827.10 and 10850, and the Juvenile Court's authority as stated

STANDING ORDER - RELEASE OF INFORMATION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF
KERN COURT INVESTIGATORS BY KERN COUNTY DEPARTMENT OF HUMAN SERVICES PAGE 2

1 in Elijah S., supra, 125 Cal.App.4th 1532, 1548-1551, DHS shall allow court

2 investigators, upon verification of employment and assignment to investigate a

3 guardianship or family law matter under the jurisdiction of the Probate or Family Court,

4 to inspect and receive copies of juvenile case file documents and information

5 maintained by DHS or included in CWS/CMS pertaining to the child or to any history of

6 alleged child abuse or neglect by the child's guardian or prospective guardian, the

7 child's prospective adoptive parent, parent, caretaker, or proposed caretaker, and any

B other adults residing in the same household as the guardian, prospective guardian,

9 prospective adoptive parent, parent, caretaker, or proposed caretaker, subject to

1o exclusion or redaction of documents that are or contain privileged or confidential

11 information pursuant to any other state or federal law or regulation.

12 DHS may require court investigators to complete a declaration in support of

13 access to juvenile records verifying that they are entitled to access under Welfare and

14 Institutions Code section 827.

15 Court investigators shall not disclose in their reports the name, contact

16 information, or other personal identifying information of any child alleged to have been

17 abused or neglected by a person being considered for placement or custody unless the

18 child is the subject of the probate guardianship or family law proceedings. All

19 summaries of child abuse and neglect history information shall be anonymized to the

20 extent possible.

21 II. Copying of Juvenile Case Files

22 Pursuant to Welfare and Institutions Code section 827.10, subdivisions (a)(4)

23 and (a)(5), OHS shall allow court investigators assigned to and actively participating in

24 a probate guardianship or family law matter to inspect and receive copies of DHS files

25 and records relating to a child who is the subject of the probate guardianship or family

.STANDING ORDER - RELEASE OF INFORMATION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF
KERN COURT INVESTIGATORS BY KERN COUNTY DEPARTMENT OF HUMAN SERVICES PAGE 3

1 law case, subject to exclusion or redaction of documents that are or contain privileged

2 or confidential information pursuant to any other state or federal law or regulation.

3 In addition, pursuant to the Juvenile Court's authority under Elijah S., supra, 125

4 Cal.App.4th 1532, 1548-1551, OHS shall allow court investigators assigned to and

5 actively participating in a probate guardianship or family law matter to receive copies of

6 OHS files and records relating to any child who is the subject of OHS records if the

7 records relate to a history of alleged child abuse or neglect by the child's guardian or

8 prospective guardian, the child's prospective adoptive parent, parent, caretaker, or

9 proposed caretaker, or any other adults residing in the same household as the guardian,

10 prospective guardian, prospective adoptive parent, parent, caretaker, or proposed

11 caretaker, subject to exclusion or redaction of documents that are or contain privileged

12 or confidential information pursuant to any other state or federal law or regulation.

13 Ill. Release of Child Abuse and Neglect History Information

14 Suspected Child Abuse Reports (Form SS 8572) filed with the California

15 Department of Justice are confidential under the Child Abuse and Neglect Reporting

16 Act (Penal Code section 11164 et seq.), and may be disclosed only as authorized in

17 Penal Code section 11167 .5.

18 Court investigators conducting a guardianship investigation under Probate Code

19 section 1513 are authorized to receive substantiated Suspected Child Abuse Reports

20 filed with the Department of Justice concerning any adult residing in the home where

21 the child may be placed, if the information is requested to ensure that the placement is

22 in the child's best interest. (Pen. Code, 6611167.5, subd. (b)(2), 11170, subd. (b)(7).)

23 However, court investigators are not entitled to disclosure of the identity of the 24 reporting party. (Pen. Code, s 11167, subd. (d)(1).)

25 I I I

STANDING ORDER - RELEASE OF INFORMATION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF
KERN COURT INVESTIGATORS BY KERN COUNTY DEPARTMENT OF HUMAN SERVICES PAGE 4

1 Thus , pursuant to Penal Code sections 11167 .5, subdivision (b)(2) and 11170,

2 subdivision (b)(7), OHS shall allow court investigators who are assigned to investigate

3 a guardianship matter to receive Suspected Child Abuse Reports filed with the

4 Department of Justice concerning any adult residing in a home where the child may be

5 placed . The identities of the reporting parties shall be redacted .

6 IV. Further Dissemination of Juvenile Case Information

7 All persons who obtain access to juvenile case files must maintain the

8 confidentiality of the records reviewed, inspected or copied . Any information obtained

9 from access to a juvenile case file is confidential shall not be made available other than

10 as provided in Probate Code section 1513 , subdivision (d) and Family Code sections

11 3111 , subdivision (b) , 3118, subdivision (b)(6), 7851 , and 9001 . Such information shall

12 not be further disseminated except as provided in Welfare and Institutions Code section

13 827, subdivision (a)(4) . Any juvenile case file documents obtained by a court

14 investigator shall be destroyed upon termination of the proceedings for which they were

15 obtained .

16 IT IS ORDERED.

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18 Dated: August 18, 2022.

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20 Susan M. Gil Presiding Judge of the 21

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STANDING ORDER - RELEASE OF INFORMATION TO THE SUPERIOR COURT OF CALIFORNIA , COUNTY OF
KERN COURT INVESTIGATORS BY KERN COUNTY DEPARTMENT OF HUMAN SERVICES PAGE 5