This policy guide was updated from the 08/09/07 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 0300-306.90, Notification Requirements to Dependents of the Court Pursuant to WIC 826.6, thereby cancelling that policy guide. The title of this policy used to be Sealing Department Records.

POLICY

Notification to Seal or Release Juvenile Court Records

Any youth who is the subject of a petition that has been filed in juvenile court to adjudge the minor a dependent child, or a ward of the court, shall be given written notice upon disposition of the petition, or the termination of jurisdiction of the juvenile court, of all of the following, per Welfare and Institutions Code Section 826.6:

The statutory right of any person who has been the subject of juvenile court proceedings to petition for sealing of the case records.

The statutory provisions regarding the destruction of juvenile court records and records of juvenile court proceedings retained by state or local agencies.

The statutory right of any person who has been the subject of juvenile court proceedings to have his or her juvenile court record released to him or her in lieu of its destruction.

The CSW will utilize the DCFS 5559, Notice of Statutory Rights Pursuant To Welfare and Institutions Code Section 826.6, to meet this requirement.

Sealing Department Records

Individuals may petition the juvenile court to have his or her juvenile records permanently sealed per WIC 389 after one of the following occurs:

Five (5) years or more after the jurisdiction of the Juvenile Court was terminated.

At any time after the individual turns 18 years old.

If a youth requests assistance in having his records sealed, he or she shall be referred to his or her attorney of record for Juvenile Court. If the case is closed, the youth shall be referred to the Clerk’s Office at Children’s Court.

Upon a showing of good cause, the court will order to be sealed all records, papers and exhibits in the person’s case which are in the custody of the juvenile court, including:

The juvenile court record

Minute orders

Entries on dockets

DCFS records

Following approval of an individual’s petition to seal his or her past records, the court will forward a copy of the order to Juvenile Court Services, who will follow identified procedures.

It is not the responsibility of Juvenile Court Services to separate the sealed records of one sibling from a case record or to redact case records for release.

Upon receipt of the Petition to Seal Juvenile Records and the Court Order, the COA will follow established procedures from Bureau of Information Services, seal the records on CWS/CMS, and notify the Clerical Administrator that the case is sealed on CWS/CMS.

Once WCMIS is sealed, the identified youth’s name and case information will not be accessible on CWS/CMS or WCMIS without sealed record access privilege.

If there is an open case on the petitioner’s sibling(s), the CSW shall continue to provide services for the sibling(s).

Once a case has been sealed by court order, the fact that there is/was a DCFS case cannot be disclosed to any individual or agency, including the fact that the records have been sealed, and the proceedings in such cases shall be deemed never to have occurred.

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PROCEDURE

Notifying Youth about Sealing and Releasing of Juvenile Court Records

CSW Responsibilities

Upon receipt of the minute order terminating child welfare services or dismissing the petition, complete a DCFS 5559 for each child and send it by first-class mail to each child. Retain a copy in the case file.

Document in the Contact Notebook the date the DCFS 5559 was mailed to the child. Enter the following notation “The DCFS 5559, Notice of Statutory Rights Pursuant to Welfare and Institutions Code Section 826.6, was sent by first-class mail to the child on (enter the date mailed).”

Juvenile Court Services Requests for Sealing a Case Record for an Individual who has a Sibling(s) with an open DCFS Case

JCS Designated Clerical Staff Responsibilities

Upon receipt of a copy of an individual’s petition to seal his or her past records, Juvenile Court Services clerical staff will search CWS/CMS and WCMIS to determine if DCFS has ever had an open case for the identified youth.

If no DCFS record is found, Juvenile Court Services clerical staff will so inform the Superior Court Clerk’s Office.

If DCFS has a case record and it is determined that there is an open DCFS case for the identified youth’s sibling(s), Juvenile Court Services clerical staff will request the entire case file from the regional office.

If the case is closed, Juvenile Court Services clerical staff will obtain the case from storage.

When sealing a DCFS case record, write in red, “Sealed by Court Order as to [insert the name of the petitioner]” (i.e., the individual requesting that their case be sealed), on the front of the master case folder, as well as on the front of every folder in the case.

Stamp each folder in the case file, as well as the master case folder in red with the Superior Court’s Seal, the words “Sealed by Court Order,” and the date of the order.

If there is more than one youth in the case, notate the pertinent youth’s name in red.

File a copy of the Petition to Seal Juvenile Records court order in the master case folder, on the left side.

Ask the Juvenile Court Services Clerical Administrator to instruct the COA to seal the case records on CWS/CMS.

Forward copies of the Petition to Seal Juvenile Records and the Court Order to the Bureau of Information Technology Services (ITS), along with a memo requesting that they seal the electronic records for the identified youth.

Upon confirmation that the petitioner’s records have been sealed, return the case file to the regional office or to storage, and send a memo to the Superior Court Clerk’s office confirming that the records have been sealed.

Case-Carrying CSW Responsibilities

Assemble the entire case and prepare it for transporting.

Retain copies of any documents that are not available on CWS/CMS and that are required for ongoing casework.

Send the entire case by County messenger or in person within five business days of receipt of the request to:

Juvenile Court Services
201 Centre Plaza Drive, Suite 4
Monterey Park, CA 91754-2159

Individual or Agency Requests for Records of an Individual whose Records have been Sealed

Case-Carrying CSW Responsibilities

Search both CWS/CMS and WCMIS. If the records have been sealed there should be no record on CWS/CMS or WCMIS.

Notify the inquiring party by telephone and/or mail that a search of DCFS records indicates that no record of the individual was found.

Individual or Agency Request for the Sibling Record(s) of an Individual whose Records have been Sealed

Case-Carrying CSW Responsibilities

Review the request to determine if the requesting party is entitled to access the information pursuant to an exception.

If the release of the requested records is appropriate, review the requested records and redact all references to and all information regarding the individual whose records have been sealed. If you have any concerns/questions, consult with County office.

Follow the guidelines provided in Release of Confidential DCFS Case Record Information for final preparation of the documents for release.

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APPROVALS

None

HELPFUL LINKS

Forms

DCFS 5559, Notice of Statutory Rights Pursuant to Welfare and Institutions Code Section 826.6

Referenced Policy Guides

0500-501.20, Release of Confidential DCFS Case Record Information

1200-500.90, Model Case Format (MCF)

Statutes

Welfare and Institutions Code (WIC) 389 and 781 – Allow an individual age 18 years of age or older to petition the juvenile court to have his or her juvenile records permanently sealed. Upon a showing of good cause, the court will order sealed all records, papers and exhibits in the person’s case which are in the custody of the juvenile court, including the juvenile court record, minute orders, entries on dockets, and DCFS records. Thereafter, the proceedings in such cases shall be deemed never to have occurred.

WIC Section 826 – States the conditions under which juvenile court records shall be destroyed.

WIC Section 826.6 – Determines the content of notices given to minors or wards of the court upon disposition of the petition or termination of jurisdiction in juvenile court.

WIC Section 827 – States who may inspect the case file and to whom access to juvenile case files shall be limited.

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