File #: 17-083    Version: 1
Type: Form Proposal Status: Passed
File created: 4/11/2017 In control: Judicial Council
On agenda: 5/19/2017 Final action: 5/19/2017
Title: Juvenile Law: Sealing of Records (Action Required)
Attachments: 1. 20170519-17-083

Title

Title

Juvenile Law: Sealing of Records (Action Required)

 

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Summary

Summary

The Family and Juvenile Law Advisory Committee recommends revising forms to conform to recently enacted statutory provisions concerning the sealing of juvenile records. The revisions would update recently adopted forms to implement sealing of records for cases sealed under Welfare and Institutions Code section 786 to include changes to that section that went into effect on January 1, 2017. In addition, two other forms with information on the sealing of juvenile records would be revised to be consistent with the current state of the law.

 

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Recommendation

Recommendation

The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective September 1, 2017:

1.                     Revise Juvenile Court-Information for Parents (form JV-060) to accurately reflect recent changes in the law concerning sealing of juvenile records, transfer to criminal court jurisdiction, and commitment to the Division of Juvenile Justice (DJJ);

2.                     Revise How to Ask the Court to Seal Your Records (form JV-595-INFO) to add information about recently enacted restrictions on employers inquiring about or considering juvenile criminal history information;

3.                     Revise Dismissal and Sealing of Records-Welfare and Institutions Code Section 786 (form JV-596) to reflect recent statutory changes allowing child welfare agencies to access sealed records in specified circumstances;

4.                     Revise Sealing of Records for Satisfactory Completion of Probation (form JV-596-INFO) to alert those whose records are sealed that child welfare agencies may access these records when selecting a placement or services, and to add information about recently enacted restrictions on employers inquiring about or considering juvenile criminal history information; and

5.                     Revise Petition to Terminate Wardship and Order (form JV-794) to delete an outdated notice concerning record sealing, update the findings on the form to reflect the new standard for sealing and dismissal, and add a finding that the ward has been provided mandatory information forms concerning sealing.