Title
Title
Rules and Forms | Juvenile Law: Retention of Jurisdiction and Petitions Requesting Juvenile Case Files of Deceased Children (Action Required)
body
Summary
Summary
To implement Assembly Bill 1756 (Stats. 2023, ch. 478, ? 62) and Senate Bill 1161 (Stats. 2024, ch. 782, ? 12), the Family and Juvenile Law Advisory Committee recommends (1) amending one rule of the California Rules of Court to comply with AB 1756's amendment to Welfare and Institutions Code section 10850.4 to extend the juvenile court's jurisdiction in cases involving the death of a child or nonminor dependent; (2) amending one rule of court to implement SB 1161's amendment to the definition of a "juvenile case file" in Welfare and Institutions Code section 827(e); and (3) adopting one rule of court, amending two rules of court, adopting six mandatory forms, approving one optional form, and revising six forms to clarify the different legal standards for requesting any juvenile delinquency case file or a living child's juvenile dependency case file versus a deceased child's juvenile dependency case file under Welfare and Institutions Code section 827.
body
Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2026:
1. Adopt rule 5.551 of the California Rules of Court to implement SB 1161 by clarifying that the definition of a juvenile case file has the same meaning as defined in Welfare and Institutions Code section 827(e) and recognize the coextensive application of other confidentiality laws on the confidentiality of juvenile records codified in Welfare and Institutions Code section 827(a)(3);
2. Amend rule 5.510 of the California Rules of Court to implement AB 1756 by granting the juvenile court discretion to retain its jurisdiction in cases in which a child or nonminor dependent dies while under the juvenile court's jurisdiction;
3. Amend rule 5.552 of the California Rules of Court to clarify that i...
Click here for full text