Juvenile Dependency proceeding records
Q: In 1978-79, I contacted Child Protective Services on my own behalf regarding abuse in my home. I was placed foster care while the case went to trial. My understanding from my social worker was that my father pled guilty and was convicted. I am attempting to locate copies of a criminal case. I’ve been told that the records within the Child Protective Services are sealed completely, that even the victim in the case cannot obtain copies. I’ve also been told that the case filed in criminal court has been deleted due to its age. I was told they found reference to the case but no case file.
It is my understanding that in some cases such as this, upon satisfactory completion of the “sentence” records of this nature could be expunged. Does this mean there is absolutely no record, or that it is removed from public? Is there a way for me to petition Child Protective Services or the Superior Court for copies? Do you believe all copies are completely gone? Am I fighting a losing battle here in trying to obtain copies? What would you recommend I do?
A: You have the ability to request, and you probably have a right to obtain, records of both the juvenile dependency proceeding of which you were the subject, and the related criminal prosecution.First, under Welfare & Institutions Code section 827, any person has the right to request that the Juvenile Court allow inspection of the records of a juvenile dependency proceeding. Furthermore, section 827 expressly provides that such a file may be inspected by “[t]he minor who is the subject of the proceeding.”
This indicates that you have a right to inspect the file of the dependency proceeding that resulted in your being made a ward of the court and placed in foster care. (See Wescott v. County of Yuba, 104 Cal. App. 3d 103, 108 (1980) (provision of section 827 that provides for inspection of juvenile court records by parent “entitled” parent to inspect records pertaining to her own son, but not records relating to other juveniles involved in the same proceeding).Second, under the First Amendment and California law, the public generally has a right of access to records of criminal court proceedings. (See, e.g., Associated Press v. U.S. District Court, 705 F.2d 1143, 1145 (9th Cir. 1983); NBC Subsidiary (KNBC-TV), Inc. v. Superior Court, 20 Cal. 4th 1178 (1999).) Therefore, if the records exist, you have a presumptive right to see them. It’s unlikely that the records of the criminal case have been destroyed or disposed of, although given the age of the case it is not impossible.
This is a situation in which persistence may pay off. You need to keep pressing the Clerk of the Superior Court who has responsibility for the files to determine where the records are and locate them, or confirm that they have been lost or destroyed. If the conviction was expunged, which is unlikely, there should be a record of that as well.