California Family Code 6301.5 – (a) A minor or the minor’s legal guardian may petition the court …
(a) A minor or the minor’s legal guardian may petition the court to have information regarding a minor that was obtained in connection with a request for a protective order pursuant to this division, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential, except as provided in subdivision (d).
(b) The court may order the information specified in subdivision (a) be kept confidential if the court expressly finds all of the following:
Terms Used In California Family Code 6301.5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Proceeding: includes an action. See California Family Code 110
- Respondent: includes defendant, where appropriate. See California Family Code 127
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
(1) The minor’s right to privacy overcomes the right of public access to the information.
(2) There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential.
(3) The order to keep the information confidential is narrowly tailored.
(4) No less restrictive means exist to protect the minor’s privacy.
(c) (1) If the request is granted, except as provided in subdivision (d), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding, any other proceeding initiated under the Family Code, or any other civil proceeding between the parties. Except as provided in paragraph (2), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). The minor who has alleged abuse as defined under this division shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has, or is reasonably likely to have, the ability to pay.
(2) Confidential information may be disclosed without a court order pursuant to subdivision (d) only in the following circumstances:
(A) By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this section or the protected party in an order pursuant to this division, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this subparagraph is subject to the sanction in paragraph (1) only if the disclosure was malicious.
(B) By a person to whom confidential information is disclosed, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this subparagraph is subject to the sanction in paragraph (1) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(d) (1) Confidential information shall be made available to both of the following:
(A) Law enforcement pursuant to Section 6380, to the extent necessary and only for the purpose of enforcing the protective order.
(B) The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(2) At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to effectuate the purpose of this division specified in Section 6220, including implementation of the protective order, or if it is in the best interest of the minor, including, but not limited to, disclosure to educational institutions, childcare providers, medical or mental health providers, professional or nonprofessional supervisors for visitation, the Department of Child Support Services, attorneys for the parties or the minor, judicial officers, court employees, child custody evaluators, family court mediators, and court reporters.
(3) The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if the court determines disclosure would effectuate the purpose of this division specified in Section 6220 or if the court determines that disclosure is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this section shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.
(Amended by Stats. 2019, Ch. 294, Sec. 2. (AB 925) Effective January 1, 2020.)