Joanne Motoike Department L21

Orange Cty. Sup. Ct. Admin. Order 12/003

California Superior Local Rules

Superior Court of California County of Orange Chambers of 341 THE CITY DRIVE JOANNE MOTOIKE DEPARTMENT L21 JUVENILE COURT PRESIDING JUDGE ORANGE, CA 92868 PHONE: 657-622-5502 NOTICE OF INTENT TO REVISE ADMINISTRATIVE ORDER NO. 12/003-903 Re: Exchange of Information PLEASE TAKE NOTICE: Pursuant to Superior Court of Orange County Local Rule 900.1.2, the Orange County Juvenile Court intends to revise the Orange County “ Juvenile Court Administrative Order 12/003-903, Re: Exchange of Information ” . The revised order is attached to this Notice.

All interested persons, agencies and organizations are invited to comment upon the Court's proposed revised order, prior to the expiration of the forty-five day period. Further, upon adoption of the proposed order, the Court shall rescind any prior administrative or miscellaneous orders pertaining to the same substantive matters addressed by the proposed order, unless otherwise referenced or incorporated into the proposed order.

Pursuant to Local Rule 900.1.2, this notice shall be distributed to: County Counsel, District Attorney, Social Services Agency, Probation Department, Public Defender, the law firms and counsel with whom the Juvenile Court has contracted for the representation of minors and/or parents before the dependency and delinquency courts, Health Care Agency, Department of Education, Children and Families Commission, Court Appointed Special Advocates (CASA), and Orangewood Foundation. Date: May 7, 2018 Joanne Motoike Presidirig Judge of Juvenile Court

O% es Ree * ¢ joeene ™ BHO | ohh cost a woe ay ge ” ¥ Ae on JUXENILE COURT ADMINISTRATIVE ORDER NO. 12/003-903 peer gt gel oe ete Revised: May 7, 2018 py Bye rT EXCHANGE OF INFORMATION ot 4 Considering recent changes to the California Welfare and Institutions Code (hereinafter “ WIC ” ) 7 which pertain to the disclosure of juvenile case files!, this Administrative Order (No. 12/003-903) (hereinafter “ Order ” ) is now revised as set forth below. 6 The exchange and/or dissemination of information from within a juvenile case file may be 7 }| authorized as follows: 8 1. In WIC

Section 709 Proceedings 9 In proceedings wherein a doubt has been declared as to a current ward ’ s competency pursuant 19 || to WIC

Section 709, there may be an exchange of information concerning a current ward “ only among rT all private or public agencies providing case planning, eligibility, and/or services delivered. This authorization includes, but is not limited to, the Orange County Probation Department, the Orange 12 County Social Services Agency, the Orange County Health Care Agency, the Orange County a3 Department of Education, the Regional Center of Orange County, and local school. ” (Super. Ct.

Orange 14 County, Local Rules, Rule 903.1; see also Superior Court of California, County of Orange y ig 15 || Administrative Order re: Competency (WIC § 709); Administrative Order No. 13/010, Revised: 16 || March 7, 2013.) For minors who have not yet been declared wards of the Orange County Juvenile 7 Court and for whom a doubt as to competency has been declared pursuant to WIC

Section 709, the 18 19 ||* For purposes of this Order, a “ juvenile case file ” means dependency or delinquency files maintained by the court, probation, social services agency and law enforcement.

The file includes “ all documents 20 || filed in a juvenile court case ” , “ [r]eports to the court by probation officers, social workers of child welfare services programs, and CASA volunteers ” , “ [d]ocuments made available to probation officers, 21 || social workers of child welfare services programs, and CASA volunteers in preparation of reports to the court ” , “ [d]Jocuments relating to a child concerning whom a petition has been filed in juvenile court 22_|| that are _maintained_in the office files_of probation officers, social -workers_of-child-welfare-services programs, and CASA volunteers ” , “ [t]ranscripts, records, or reports relating to the matters prepared or -23 || released by the court, probation department, or child welfare services program ” , and “ [d]ocuments, video, or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings. ” 24 (Cal.

Rules of Court, Rule 5.552, subd. (a); see also Cal. Welf & Inst. Code, § 827, subd. (e).)

10 11 12 13 14 45 16 17 18 19) 20 21 22_| exchange of information concerning the youth is governed by Administrative Order No. 13/010, Revised: March 7, 2013. 2. To victims for whom restitution has been ordered Pursuant to WIC Sections 730.6 and 730.7 and Penal Code

Section 1214, the victim(

s) is entitled to obtain all information allowed by law to pursue collection of restitution as if it were a money judgment. Upon request by a victim, the Orange County Probation Department is authorized to provide the victim(

s) with a recorded abstract of judgment to enforce any restitution order pursuant to Penal Code

Section 1214, subdivision (b). 3. As attachments to Social Service Agency reports filed with the Juvenile Court On Dependency matters only, in order to promote the efficient exchange of discoverable documents, the Social Service Agency may attach police reports, medical records, and other documents to reports filed with the Court, and such attached documents shall be deemed reproduced in full within the body of the report itself, for the purposes of determining the admissibility of the information contained in such documents, within the meaning of WIC

Section 355. All parties retain all rights to object to the admissibility of all or a portion of the information contained in such documents, only to the extent that a party could object had the information been reproduced in the body of the report itself.

With respect to any attachments to reports, as set forth in Rule 903.1 of the Orange County Superior Court Local Rules, the Social Service Agency shall ensure compliance with all applicable statutes, rules or regulations regarding the confidentiality of such records and/or the information contained therein, including, but not limited to: Penal Code Sections 293, 11167, and 11167.5, as well as the Health Insurance Portability Act (HIPAA).

Additionally, “ [uJpon request by any party or on its own motion, a juvenile court judicial officer may order that all or a portion of any attachments to reports be sealed, placed in a confidential envelope; or any information contained within any attachments be redacted; or dissemination of any attachments or information contained therein be restricted, pursuant |to Welfare and Institutions Code,

section 827. ” (Super. Ct. Orange County, Local Rules, Rule 903.1.) _| 23 24 Ds

10 11 12 13 14 15 16 17 18 19 20 21 224, 4. To the Social Security Administration The Probation Department and the Social Services Agency may release information from a juvenile case file to the Social Security Administration for purposes of securing benefits for wards or dependents. (See Cal. Welf. & Inst. Code, § 16501.1, subds. (g)(13) & (g)(16), § 11400 and § 10850; see also 42 U.S.C. § 675 subds. (1) & (8) and 42 U.S.C. § 671, subd. (a)(16).) 5. Law Enforcement Agencies and Federal Officials The exchange and/or dissemination of information from a juvenile case file to law enforcement agencies is governed by WIC Sections 827 and 828. Additionally, WIC

Section 831 precludes the disclosure and/or dissemination “ of juvenile information to federal officials absent a court order of the judge of the juvenile court upon filing a petition as provided ” in WIC

Section 827, subdivisions (a)(1)(

P) or (a)(4). For purposes of

Section 831, ““ juvenile information ’ includes the ‘ juvenile case file ’ as defined in subdivision (

e) of

Section 827, and information related to the juvenile, including, but not limited to, name, date or place of birth, and the immigration status of the juvenile that is obtained or created independent of, or in connection with, juvenile court proceedings about the juvenile and maintained by any government agency, including, but not limited to, a court, probation office, child welfare agency, or law enforcement agency. ” (Cal. Welf. & Inst. Code, § 831, subd. (e).) 6.

Child Death Review Team Information including but not limited to autopsy reports, criminal records, mental health records, physical health records, drug or alcohol information and reports, child abuse reports, and dependency case information may be shared with and among members of the Orange County Child Death Review Team. Team members must be advised on confidentiality guidelines and sign a confidentiality statement. 7.

To foreign consulates The release and exchange of information concerning minors of foreign nationality, who are 23 24 are the subject of an application for such petition, to the consulate of the appropriate government is

10 11 12 13 14 15 16 17 18 19 20 21 22_|| governed by WIC

Section 10609.95 and Orange County Juvenile Court Miscellaneous Order No. 688.2, Revised: May 7, 2018. 8. Inall other instances.

In all other instances, the disclosure of juvenile case files, the exchange of information between and among agencies concerned with court matters affecting children, the presence of persons at Juvenile Court proceedings, and media coverage of Juvenile Court matters shall be governed by WIC Sections 345, 346, 675, 676, 676.5, 827, 827.10, 827.11, 827.12, 827.15, 827.2, 827.5, 827.26, 827.7, 827.9, 828, 828.1, 828.3, 829, 830 and 831, as well as California Rules of Court, Rules 5.530, 5.552, and 5.553, Orange County Superior Court Local Rules 903 et seq., and this Order.

Information from a juvenile case file, received by an authorized recipient, shall be safeguarded from unauthorized access or disclosure and shall not be further released to any person or agency not authorized to receive such information by statute, court order, or other lawful process. No person or entity may copy or inspect confidential psychological, medical, or educational information absent an order from the Presiding Judge of the Juvenile Court. This Order is to remain in effect until otherwise ordered by the Presiding Judge of Juvenile Court.

In the event a conflict arises between this Order and the statutes or rules, the statutory and rule provisions control. Dated this 7" of May 2018 JOANNE MOTOIKE iG JUDGE of JUVENILE COURT 23 24 -4-

Document details

Collection	California Superior Local Rules
Citation	Orange Cty. Sup. Ct. Admin. Order 12/003
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	1121d3e12517a625a56aa52e1cfbb4477f983c04

Source file is stored in the law ingest library (pdf).