Marin County Department of Social Services v. Donna S.
Marin County Department of Social Services v. Donna S.
Opinion of the Court
Appellant Donna S. challenges two juvenile court orders restricting access to confidential case files in the dependency proceedings regarding her daughter Gina S. The first order directed appellant to return copies she had received from the juvenile court file and prohibited her from disseminating the records without a prior court order. The second order denied appellant’s petition pursuant to Welfare and Institutions Code section 827
I.
Factual and Procedural Background
Gina was bom in July 1987 and was the subject of several referrals to child protective services beginning in 1992, when she was five years old.
A. The Section 827 Petition.
In December 2004, appellant, acting in propria persona, served a section 827 petition. The petition requested “[a]ll records generated or supplemented between February 1, 2003 and September 1, 2003 that include any of the following terms: 1. ‘SSA,’ 2. ‘Commissioner,’ 3. ‘social security office,’ or ‘social security employee,’ 4. [variations of a first and last name], 5. ‘medical diagnosis’ and/or ‘medical condition of Donna S[.],’ or any combination of those terms . . . .” The petition also requested records that contained “information about the past, present, or future physical or mental health or condition of Ms. Donna S[.],” information about “any governmental agency inappropriately obtaining information referring to Ms. Donna S[.], or misusing information referring to Ms. Donna S[.],” and “any sworn declaration or affidavit that has been filed by any of [appellant’s] attorneys in this case.” The petition stated that appellant believed “her federal Privacy Act Rights” had been violated and sought the documents in order to allow her attorney to investigate what was disclosed and to evaluate the validity of possible legal claims. The petition was dated December 17, 2004, and bore the number of the first dependency case. It was stamped, “Received Marin County Superior Court 2004 Dec 28”; above the stamp was the handwritten note, “lodged on demand.”
B. Respondent’s Application for Temporary Restraining Order.
According to a declaration filed in the juvenile court, Gina’s counsel filed a “preliminary response” to the section 827 petition on December 28, 2004. While filing the response, Gina’s counsel was informed by a juvenile court clerk that another clerk had provided appellant with “copies of documents
Respondent filed an ex paite application for an order to show cause and temporary restraining order (TRO), requesting that appellant not “copy or disseminate any of the information from her daughter’s confidential dependency files.” The juvenile court entered a TRO, effective until January 11, 2005,
C. The February 1, 2005 Hearing.
The juvenile court considered both the request for appellant to return documents copied from the juvenile court file and appellant’s section 827 petition on February 1. The court first considered the application for an order regarding the copies appellant received from the juvenile court file. After hearing argument from appellant’s counsel, the juvenile court granted respondent’s application and ordered appellant to return any and all documents copied from the juvenile court file and not to copy or disseminate any documents or information received from the file without obtaining prior court authorization. After the juvenile court issued its order, appellant’s counsel stated appellant had “a problem recalling which documents she actually received from the clerk’s office.” The juvenile court responded, “I have a Court order in place. If I were you, I would find out where those documents are and return them.”
The juvenile court next considered appellant’s section 827 petition. Appellant’s counsel argued
The juvenile court reviewed in camera the Child Protective Services (CPS) files provided by respondent. After its review, the juvenile court stated, “I took a look at several of the code sections, and specifically [California] Rule of Court [l]423(b) which requires that the court balance the interests of the child and other parties to the Juvenile Court proceedings, interests of the petitioner, and interests of the public, [f] ‘The Court must permit disclosure o[r] discovery, however access to Juvenile Court records only in so far as is necessary, and only if there is a reasonable likelihood that the records in question will disclose information or evidence of substantial relevance to the pending litigation.’ [][] And it goes on to say that, ‘the burden is on the petitioner to describe in detail the reason the records are being sought and their relevancy to the proceeding for which petitioner wishes to inspect the records.’ [][] And I find that has not been met.” The court then denied the section 827 petition in its entirety.
Appellant timely appealed from both the order that she return documents and the denial of her section 827 petition.
n.
Discussion
It is the express intent of the Legislature that “juvenile court records, in general, should be confidential.” (§ 827, subd. (b)(1).) This reflects a long recognized public policy of protecting the confidentiality of juvenile proceedings and records. (T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 778 [94 Cal.Rptr. 813, 484 P.2d 981]; Keisha T., supra, 38 Cal.App.4th at p. 231.) Access to confidential juvenile records is governed by section 827. Section 827, subdivision (a) lists categories of people who have the right to inspect juvenile records without court order, including the child and his or her parents, as well as certain other designated persons who have a direct interest in matters related to the child. (§ 827, subd. (a)(1)(A)-(N).) Section 827, subdivision (a)(1)(O) also provides access to “[a]ny other person who may be designated by court order of the judge of the juvenile court upon filing a petition.” The juvenile court has exclusive authority to determine the extent to which confidential juvenile records may be released and controls “the time,
Appellant argues that the juvenile court erred in ordering her to return the copies she received from a clerk and denying her section 827 petition because she has a right to access information about her own medical records in order to pursue redress for any violation of her privacy. Respondent emphasizes the vast discretion the juvenile court has over access to confidential juvenile case files. Gina has filed a brief asserting her right to privacy but supporting appellant’s position and arguing that there is no good faith argument that the orders at issue were lawful in light of “significant procedural and evidentiary deficiencies.” We review the juvenile court’s orders for abuse of discretion. (In re Elijah S. (2005) 125 Cal.App.4th 1532, 1541 [24 Cal.Rptr.3d 16]; In re R.G. (2000) 79 Cal.App.4th 1408, 1413 [94 Cal.Rptr.2d 818]; In re Tiffany G. (1994) 29 Cal.App.4th 443, 453 [35 Cal.Rptr.2d 8]; In re Robert L. (1993) 21 Cal.App.4th 1057, 1065 [24 Cal.Rptr.2d 654].)
A. Ordering Appellant to Return Documents Was Not Abuse of Discretion.
Section 827, subdivision (a)(1)(D) provides that a case file in juvenile proceedings “may be inspected” by the minor’s parents. All parties (as well as the juvenile court) agree that appellant is permitted to inspect the confidential juvenile court file that relates to the dependency proceedings involving her daughter. (See Cal. Rules of Court, rule 1423(b)
We independently determine the proper interpretation of section 827 (Burden v. Snowden (1992) 2 Cal.4th 556, 562 [7 Cal.Rptr.2d 531, 828 P.2d 672]) and conclude that the right to inspect a juvenile court file does not include the automatic right to copy documents in the file. (85 Ops.Cal.Atty.Gen. 194 (2002) [right granted in section 827 to inspect file does not include authority to copy without first obtaining a court order].) The statute refers to the right to inspect, but not to copy, a case file. (§ 827,
Sound public policy supports the Legislature’s decision to afford some categories of people the right to inspect, but not to copy, documents in the juvenile case file. A juvenile case file is defined by statute as “a petition filed in any juvenile court proceeding, reports of the probation officer, and all
Appellant’s trial counsel argued that the language of rule 1423(b) supports the position that appellant was permitted to copy documents from the juvenile court file. But the plain language of the rule permits a party to “inspect, obtain, or copy juvenile court records” only after securing an order from the juvenile court. (Rule 1423(b).) That appellant does not have the automatic right to copy documents from Gina’s case file does not mean she could not seek a court order to copy the documents, as respondent acknowledges. Section 827, subdivision (a)(3)(B) contemplates the “release of [a] juvenile case file or any portion thereof’ (italics added) so long as interested parties are afforded due process, and courts have consistently interpreted the statute to vest the juvenile court with the authority to determine when the release of juvenile court records is appropriate. (Keisha T., supra, 38 Cal.App.4th at p. 232.)
The question remains whether the juvenile court abused its discretion in ordering the return of the copies appellant received from the juvenile case file. Appellant does not precisely explain how the juvenile court erred and instead focuses primarily on the denial of her section 827 petition. Respondent emphasizes that appellant does not have an automatic right to copy documents in the juvenile case file and concludes that because she had no such right, the juvenile court’s order “was within the court’s discretion and thus, was not an abuse of discretion.” Gina argues the juvenile court did not follow proper procedures and that the juvenile court’s order was not supported by any evidence.
As to Gina’s procedural arguments, we first reject her argument that respondent lacked standing to request the documents be returned. (§ 280 [social services department shall represent interests of minors in dependency proceedings]; In re Tiffany G., supra, 29 Cal.App.4th at pp. 447-448, 450 [juvenile court had authority to enter nondissemination order following allegations in social worker’s report].) We also conclude that the juvenile court had the authority to order appellant to return copies of juvenile
Gina also overstates how much “evidence” was required to support the juvenile court’s order. Indeed, the records at issue can provide sufficient proof of the harm that would be suffered were they disclosed. (Pack, supra, 89 Cal.App.4th at p. 837.) It is beyond dispute that the juvenile case file here is filled with documents that detail the emotional abuse Gina suffered, as well as incidents that would be embarrassing to Gina were they to become public. It apparently also is undisputed that appellant actually received copies of documents from the clerk’s office. Absent a court order, appellant might assume she was free to disseminate at will the copies she received, which “would clearly undermine the court’s efforts to protect the [minor] and promote [her] best interests.” (In re Tiffany G., supra, 29 Cal.App.4th at p. 452.)
In In re Tiffany G., the court found that the juvenile court was well within its authority when it ordered that a mother and stepfather not circulate confidential information from juvenile records after they had mailed copies of various records to several people in two states and the stepfather suggested at a hearing he wanted to provide documents to a grand jury. (In re Tiffany G., supra, 29 Cal.App.4th at pp. 447-448, 450-451.) Although there was no evidence here as to what, if anything, appellant intended to do with the documents she possessed, we conclude that the juvenile court’s order that appellant return documents and not disseminate information from the copies she received was within the court’s inherent power to control the dissemination of the juvenile case files and keep the files confidential. (Id. at p. 450.)
B. Denial of Appellant’s Section 827 Petition Was An Abuse of Discretion.
We next consider whether the juvenile court abused its discretion in denying appellant’s section 827 petition. The court reviewed in camera CPS files and denied appellant’s petition in its entirety, concluding that appellant had not met her “burden” under rule 1423. Appellant argues on appeal that
Appellant’s petition requested access to a limited category of documents— namely, documents that refer to an employee of a federal agency disclosing to a county social worker information about appellant’s health.
“[T]he prohibition against dissemination recognizes the exclusive authority of the juvenile court to determine who may have access to juvenile court records. ... It is the juvenile court, not the recipient, that has the authority to decide to whom juvenile court records may be released.” (Keisha T., supra, 38 Cal.App.4th at p. 234.) Rule 1423(b) guides a juvenile court’s decision on whether to permit access to juvenile court records. (38 Cal.App.4th at p. 235.) The rule provides, in relevant part, “In determining whether to authorize inspection or release of juvenile court records, in whole or in part, the court must balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public. The court must permit disclosure of, discovery of, or access to juvenile court records or proceedings only insofar as is necessary, and only if
Respondent claims that appellant has not demonstrated good cause to disseminate information from the juvenile court records because pursuing a civil claim “has not been legislatively or judicially determined as good cause in itself so as to pierce the veil of confidentiality.” But rule 1423(b) specifically authorizes disclosure of information where there is “substantial relevance” to an either a pending “litigation, investigation, or prosecution.” We likewise reject respondent’s argument that confidentiality should be maintained because there are no “specific exceptions for civil plaintiffs” in the statute. Although In re Anthony H. did not reach the merits of appellant’s section 827 petition, the court recognized the importance of disclosing juvenile records to prosecute a federal civil action against a county social service department if appellant were able to show on remand that her interest in the documents outweighed any interest in confidentiality. (In re Anthony H., supra, 129 Cal.App.4th at pp. 498, 506.)
Having denied appellant’s petition, the juvenile court effectively barred appellant from discussing the alleged privacy invasion.
Moreover, we find that it is possible to permit disclosure of a portion of the most relevant document without violating Gina’s privacy interests. Respondent’s counsel described the relevant information as being contained in “probably two or three sentences” in a case note written by a social worker. Our review reveals those “two or three sentences” contain information about the date of the incident, the people involved with the disclosure of medical information, and the specific information disclosed. The sentences do not contain information about Gina, and the document could easily be redacted to remove any confidential information that does implicate her privacy interests. The juvenile court certainly had the ability to disclose a “portion of the records” at issue and make “appropriate orders, specifying the information to be disclosed and the procedure for providing access to it” in order to protect Gina’s privacy interests. (Rule 1423(e); In re Anthony H., supra, 129 Cal.App.4th at p. 506 [juvenile court may limit disclosure to designated people and redact information that would conflict with minor’s best interests]; Keisha T., supra, 38 Cal.App.4th at p. 241 [juvenile court may make “appropriate orders specifying the information to be disclosed and the procedure for providing access”].) We therefore remand this case and direct the juvenile court to enter a new order consistent with this opinion and rule 1423(e).
Disposition
The juvenile court’s February 1, 2005 order directing appellant to return copies of documents she received from the juvenile court’s file and not to disseminate them is affirmed. The order denying appellant’s section 827 petition is reversed and the case is remanded for proceedings consistent with this opinion.
Reardon, Acting R J., and Rivera, J., concurred.
All statutory references are to the Welfare and Institutions Code unless otherwise specified.
Because the record before us does not provide detailed information about the underlying dependency proceedings, some of the following factual and procedural background is taken from this court’s prior opinion in In re Gina S. (Dec. 22, 2004, A104619, A106628) [nonpub. opn.]. On the court’s own motion, we also take judicial notice of the records in Nos. A104619 and A106628. (Evid. Code, §§ 452, subd. (d), 459, subd. (a).)
The minor turned 18 in July 2005 and has “ ‘aged out’ ” of the dependency proceedings, according to her appellate attorney. Even assuming that the juvenile court has terminated jurisdiction based on the minor reaching the age of majority (§ 391), we nonetheless consider the merits of appellant’s appeal because the issues raised are not moot and because the juvenile court retains jurisdiction to determine whether to release confidential documents. (In re Anthony H. (2005) 129 Cal.App.4th 495, 502 [28 Cal.Rptr.3d 575] [juvenile court has exclusive authority over release of juvenile records].)
The juvenile court permitted the section 827 petition to be considered in the pending dependency proceeding even though the petition was lodged in the first dependency case, which was closed. Respondent filed a motion to dismiss this appeal based in part on the fact appellant’s notice of appeal contained an incorrect juvenile case number. We denied the motion on May 25, 2005.
All further dates refer to the 2005 calendar year unless otherwise indicated.
Although appellant filed the section 827 petition in propria persona, the juvenile court permitted her counsel to argue the issue.
An order denying a petition under section 827 is appealable as a final judgment. (In re Keisha T. (1995) 38 Cal.App.4th 220, 229 [44 Cal.Rptr.2d 822] (Keisha T).)
All rule references are to the California Rules of Court.
The minor notes that a provision of the California Public Records Act is titled “Public Records Open to Inspection” yet clearly allows copying of documents. (Gov. Code, § 6253, subd. (b) [documents shall be made available after request for “copy of records,” italics added].) The title is not significant because publishers’ titles are unofficial. (Redevelopment Agency of San Diego v. San Diego Gas & Electric Co. (2003) 111 Cal.App.4th 912, 917-918 [4 Cal.Rptr.3d 317].) And while we agree with the general proposition that “the First Amendment recognizes ‘ “a general right to inspect and copy public records and documents, including judicial documents and records” ’ ” (People v. Jackson (2005) 128 Cal.App.4th 1009, 1021 [27 Cal.Rptr.3d 596], italics added), juvenile court records are not public. (People v. Superior Court (2003) 107 Cal.App.4th 488, 492, fn. 4 [132 Cal.Rptr.2d 144].)
Appellant also requested “any sworn declaration or affidavit that has been filed by any of my attorneys in this case.” Having failed to address on appeal her right to any such declaration or affidavit, appellant has waived this issue. (Tiernan v. Trustees of Cal. State University & Colleges (1982) 33 Cal.3d 211, 216, fn. 4 [188 Cal.Rptr. 115, 655 P.2d 317] [issues not raised on appeal are waived].)
While there are subsequent reports that reference these case notes, some of which may not lend themselves to easy redaction of private information about the minor, at the very least the information in the case notes regarding the March 19, 2003 incident itself could be so redacted. (See discussion post.)
The minor’s trial counsel interpreted the juvenile court’s order as prohibiting appellant “from disseminating by any means the least bit of information contained in [the minor’s] confidential juvenile file to anyone.”
The documents at issue were not included in the record on appeal but were subsequently transferred under seal to this court for review. (Pack, supra, 89 Cal.App.4th at p. 838, fn. 14 [juvenile court preserves in camera record for later appellate review]; see also rule 18(d).)
Reference
- Full Case Name
- In re GINA S., a Person Coming Under the Juvenile Court Law. MARIN COUNTY DEPARTMENT OF SOCIAL SERVICES, and v. DONNA S., and
- Cited By
- 1 case
- Status
- Published