Withholding of Juveniles’ Names in Police Records
Q: There’s a bit of a gang war here in Salinas, and many of those involved are juveniles. I understand police can withhold names of juveniles involved in crime. But there have been recent cases of juveniles being murdered in gang violence. Even though the juvenile is deceased, the police are still not forthcoming with the victim’s name.
This is probably not within the jurisdiction of the CPRA.
Are there any other laws on the books that would require the release of a juvenile’s name after death?
A: The PRA itself doesn’t allow withholding of juvenile names, except:
In section 6254(f)(2), the minor victim of crimes defined in certain sections of the Penal Code (which are listed in 6254(f) but do not include homicide) may be withheld at the request of the victim’s parent or guardian.
And in section 6254(k), an agency can withhold information made privilege or exempt by other laws.
Welfare & Institutions Code sections 827 and 828 restrict access to juvenile court records and law enforcement records concerning juveniles, respectively.
Section 828 does not addressed the names of minor victims, especially those deceased. It only restricts the release of info about “taking of a minor into custody” or a minor’s escape from detention.
Section 827 addresses and restricts inspection of a juvenile case file, which means records concerning a minor who is subject of juvenile court proceedings. While that would seem to exclude minor victims, the language of 827 applies broadly to “information relating to the contents of a juvenile case file,” which could include a minor victim.
Those case files, and the information in them, can be disclosed to the media, but only upon court order. If the minor at issue has died, the presumption favors disclosure … but you still have to get a court order.
Interestingly, a new sub-provision of section 827 added in 2001 — section 827.9 — addresses disclosure of juvenile police records. It specifically says that “[t]his section does not govern release of police records involving a minor who is a witness or victim of a crime who is protected by other laws including, but not limited to, Section 841.5 of the Penal Code, Section 11167 et seq. of the Penal Code, and Section 6254 of the Government Code.” None of these restrict release of the name of a deceased minor victim — 841.5 prohibits release of a victim’s or witnesses’ address to a defendant, 11167 deals with the victims of suspected child abuse, and, as noted, 6254 does not address the issue of access to the names of minor victims of a homicide.
There is a good argument that under 827.9 police departments cannot refuse to release the names of minors who are victims and witnesses of crimes unless one of these other restrictions applies.
One other note about the names of juveniles arrested by law enforcement. While juvenile court proceedings against most juvenile defendants are confidential, those proceedings are open when the juvenile is charged with any of the serious offenses listed in Welfare & Institutions Code § 676, such as murder, arson, assault robbery, rape, and so on. In those cases, the California Attorney General has issued an opinion that law enforcement may release the name of the juvenile defendant (since the hearing must be open — unless closed under the same rules applicable to adult trials or if the case involves a sex crime and the victim requests closure — and the court cannot prohibit media attending an open hearing from reporting information obtain in that hearing, such as the identity of the defendant). 65 Cal. Op. Atty Gen. 503 (1982). This might help you persuade the department to release the names of juveniles arrested for any crime listed in section 676 unless a court has issued a gag order restricting the dissemination of information about, or closing the hearings of, the case.