Public social services: administrative hearings: juvenile records access.

Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, the minor's parents or guardian, and the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Existing law also authorizes some of those individuals to receive copies of the case file. Existing law requires a person who is seeking access to a juvenile case file that is privileged or confidential pursuant to any other state or federal law and who is not entitled to access the record to petition the juvenile court for access. Existing law authorizes an applicant for, or recipient of, public social services who is dissatisfied with certain actions of the county welfare department to request a hearing from the state department administering the social services. Existing law requires the state department administering the social services to set the hearing to commence within 30 working days after the request is filed, and to give written notice to the parties at least 10 days prior to the hearing. Existing law requires a public or private agency to provide a copy of their position statement, as specified, on the forthcoming hearing at least 2 days prior to the hearing if a position statement is required. This bill would authorize the attorneys participating in the administrative hearings described above to inspect and receive copies of a juvenile's case file. The bill would impose restrictions on the use of the confidential information and require subsequent sealing of the confidential information. The bill would require the agency, in certain circumstances, to attach to any position statement prepared for an administrative hearing a copy of portions of the juvenile case file that the agency used in making its decision to take the action that is being appealed. The bill would require the state department to provide a process for the fair and prompt exchange of documents between the agency and attorney representatives receiving these documents. The bill would require, where regulations require the agency to allow the applicant for, or recipient of, public social services to examine the case record or other relevant nonprivileged information, and the agency has been made aware of the issues in the appeal, the records and information to be available for inspection by the applicant or recipient no later than 5 working days prior to the hearing. This bill would incorporate additional changes to Section 827 of the Welfare and Institutions Code proposed by AB 2711 to be operative only if this bill and AB 2711 are enacted and this bill is enacted last.