BILL NUMBER: AB 989	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 26, 2015

   An act to amend Section 786 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 989, as amended, Cooper. Juveniles: sealing of records.
   Existing law subjects any person under 18 years of age who commits
a crime to the jurisdiction of the juvenile court, which may adjudge
that person to be a ward of the court, except as specified. Under
existing law, juvenile court proceedings to declare a minor a ward of
the court are commenced by the filing of a petition by the probation
officer, the district attorney after consultation with the probation
officer, or the prosecuting attorney, as specified. Existing law
requires the juvenile court to order the petition of a minor who is
subject to the jurisdiction of the court dismissed if the minor
satisfactorily completes a term of probation or an informal program
of supervision, as specified, and requires the court to seal all
records in the custody of the juvenile court pertaining to that
dismissed petition, except that the prosecuting attorney and the
probation department of any county may have access to the records for
the limited purpose of determining whether the minor is eligible for
deferred entry of judgment.
   This bill would additionally authorize the prosecuting attorney
and the probation department to have access to the records for the
limited purpose of determining a minor's eligibility for informal
supervision and would authorize the probation department of any
county to have access to the records for the limited purpose 
of determining a minor's prior program referrals and risk-needs
assessments and of meeting federal Title IV-E compliance.
 The bill would also authorize the probation department to access
the records for the limited purpose of identifying the minor's
previous court-ordered programs or placements, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 786 of the Welfare and Institutions Code is
amended to read:
   786.  (a) If the minor satisfactorily completes (1) an informal
program of supervision pursuant to Section 654.2, (2) probation under
Section 725, or (3) a term of probation served after a finding that
the minor was a ward pursuant to Section 602 for any offense not
listed in subdivision (b) of Section 707, the court shall order the
petition dismissed, and the arrest upon which the judgment was
deferred shall be deemed not to have occurred.
   (b) (1) The court shall order sealed all records pertaining to
that dismissed petition in the custody of the juvenile court.
   (2) The prosecuting attorney and the probation department of any
county shall have access to the records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment pursuant to Section 790 or ineligible for
informal supervision pursuant to Section 654.3.
   (3)  The probation department of any county shall have
access to the records after they are sealed for the limited purposes
of determining a minor's prior program referrals and risk-needs
assessments.   If a new petition has been filed against
the minor for a felony offense, the probation department of any
county shall have access to the records for the limited purpose of
identifying the minor's previous court-ordered programs or
placements, and in that event   solely to determine the
individual's eligibility or suitability for remedial programs or
services. The information obtained pursuant to this  
paragraph shall not be disseminated to other agencies or individuals,
except as necessary to implement a referral to a remedial program or
service, and shall not be used to support the imposition of
penalties, detention, or other sanctions upon the minor. 
   (4) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
   (5) The probation department of any county may access the records
for the limited purpose of meeting federal Title IV-E compliance.
   (c) The access authorizations described in subdivision (b) shall
not be deemed an unsealing of the record and shall not require notice
to any other entity.