Amended  IN  Assembly  March 28, 2019
Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 925

Introduced by Assembly Member Gloria

February 20, 2019

An act to amend Section 6301.5 of the Family Code, relating to protective orders.


LEGISLATIVE COUNSEL'S DIGEST


AB 925, as amended, Gloria. Protective orders: confidential information regarding minors.
Existing law authorizes a court, upon a petition by a minor or a minor’s legal guardian, to order information regarding the minor obtained when issuing a protective order be kept confidential, except as specified. Disclosure or misuse of the confidential information is enforced as a civil contempt of court, punishable by a fine of up to $1,000.
This bill would instead authorize the court to impose a fine up to $1,000 for an unwarranted disclosure of confidential information, except if the disclosure was made by the minor’s legal guardian that petitioned to keep the information confidential, the party protected by the protective order, or the minor. The bill would authorize the court to order a limited disclosure of any portion of the confidential information, under specified circumstances, including if doing so is in the best interests of the minor. The bill would specify that confidential information is required to be included in a notice sent to the respondent to a protective order to the extent necessary for the enforcement of the order for confidentiality and to allow the respondent to comply with and respond to the protective order. The bill would also make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6301.5 of the Family Code is amended to read:

6301.5.
 (a) A minor or the minor’s legal guardian may petition the court to have information regarding a minor obtained when issuing a protective order pursuant to this division, including, but not limited to, the minor’s name, address, and the circumstances surrounding the protective order with respect to that minor, be kept confidential, except as provided in subdivision (d).
(b) The court may order the information specified in subdivision (a) be kept confidential if the court expressly finds all of the following:
(1) The minor’s right to privacy overcomes the right of public access to the information.
(2) There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential.
(3) The order to keep the information confidential is narrowly tailored.
(4) No less restrictive means exist to protect the minor’s privacy.
(c) If the request is granted, except as provided in subdivision (d), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding. If the court determines that unwarranted disclosure of confidential information has been made, the court may impose a sanction of up to one thousand dollars ($1,000). A disclosure is unwarranted if done either recklessly or maliciously. The minor’s legal guardian that petitioned to keep the information confidential pursuant to this section, the protected party in an order issued pursuant to this division, or the minor shall not be sanctioned for disclosure of the confidential information.
(d) (1) Information regarding a minor who is protected by a protective order issued pursuant to this division shall be made available to law enforcement pursuant to Section 6380, to the extent necessary and only for the purpose of enforcing the protective order.
(2) To the extent necessary for the enforcement of the order for confidentiality and to allow the respondent to comply with and respond to the protective order, confidential information shall be included in the notice sent to the respondent pursuant to this part. The notice shall identify the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(3) The court may authorize a limited disclosure of any portion of the confidential information to certain individuals or entities as necessary to implement the protective order or if it is in the best interest of the minor, including, but not limited to, disclosure to educational institutions, childcare providers, medical or mental health providers, professional or nonprofessional supervisors for visitation, attorneys for the parties or the minor, judicial officers, court employees, child custody evaluators, family court mediators, and court reporters.
(4) The court may authorize a disclosure of any portion of the confidential information to any person upon filing a petition if the court determines that disclosure is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this section shall be served with a copy of the petition and afforded an opportunity to object to the disclosure.