Los Angeles County Department of Children & Family Services

79 Cal. App. 4th 1408, 94 Cal. Rptr. 2d 818, 2000 Cal. Daily Op. Serv. 3087, 2000 Daily Journal DAR 4117, 2000 Cal. App. LEXIS 303
CourtCalifornia Court of Appeal
DecidedApril 20, 2000
DocketNo. B126081
StatusPublished
Cited by1 cases

This text of 79 Cal. App. 4th 1408 (Los Angeles County Department of Children & Family Services) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles County Department of Children & Family Services, 79 Cal. App. 4th 1408, 94 Cal. Rptr. 2d 818, 2000 Cal. Daily Op. Serv. 3087, 2000 Daily Journal DAR 4117, 2000 Cal. App. LEXIS 303 (Cal. Ct. App. 2000).

Opinion

Opinion

KITCHING, J.—

I

Introduction

In this case we decide the juvenile court did not abuse its discretion when it granted the petition of a school district to disclose confidential information from a juvenile court file that a schoolteacher had sexually abused his minor daughters.

Appellant, Robert G. (Father) was a schoolteacher. The juvenile court sustained a petition alleging that he had sexually abused his two daughters. The school district which employed Father petitioned the juvenile court pursuant to Welfare and Institutions Code section 8271 to disseminate the information regarding the juvenile court’s finding of sexual abuse to the California Commission on Teacher Credentialing. Section 827 permits the juvenile court to grant a petition to disclose the confidential juvenile court information where the need for disclosure outweighs the policy favoring confidentiality of juvenile court records. We hold that the confidentiality [1411]*1411laws regarding the disclosure of juvenile court records are meant to protect the child’s privacy and not to protect adults from the consequences of their acts. We find the trial court did not abuse its discretion and we affirm.

II

Factual and Procedural Background

R. G. is now 16 years old and her sister S. G. is nine years old. The minors were taken into protective custody on April 29, 1997, after the Los Angeles County Department of Children and Family Services (DCFS) was advised that Father had sexually and physically abused his daughters. On May 1, 1997, the DCFS filed a petition which alleged the sexual abuse of R. G. and S. G., and of their maternal aunt. On May 2, 1997, the juvenile court ordered the minors placed with their mother. The DCFS later filed an amended petition dismissing the count relating to the maternal aunt. The juvenile court sustained the amended petition. Subsequently, the court terminated jurisdiction and granted the mother sole physical and legal custody of the minors.

On or about May 14, 1998, the DCFS petitioned the court under section 827 for permission to release the minors’ confidential juvenile court records to the school district where Father was employed. The DCFS mailed a copy of the petition to Father’s attorney on May 7, 1998. The proposed order for release of the records stated, in relevant part:

“DCFS requests permission to inform [the employee relations supervisor and the superintendent of Father’s school district], that a teacher employed by the District was found to have sexually abused his two daughters. In addition, DCFS requests permission to release the sustained amended petition to the Employee Relations Director and the Superintendent. . . .
“Robert [G.], the father in the juvenile court case, is a school teacher [at an elementary school in the school district]. He previously taught at [another elementary school] in [another school district]. The juvenile court sustained the petition while Robert [G.] was an employee of the [other school district]. He was teaching at a grade level where the students’ age[s] [were] comparable to that of his daughters. Robert [G.] currently teaches a grade at the elementary level.
“The reason for the request is that, in allowing for the dissemination of the information, the Superintendent will be able to alert the principal of [the present elementary school] . . . concerning the potential danger of allowing Robert [G.] to continue having contact with the children in his classroom.”

[1412]*1412The minors did not object to the disclosure. On or about May 13, 1998, Father filed an objection.

On May 19, 1998, the juvenile court granted the petition and ordered the records released. Father appealed from the order granting the petition. These records have already been released, so the appeal from the May 1998 order is moot.

On or about August 18, 1998, the employee relations director of the school district which employed Father petitioned the court under section 827 for permission to release the minors’ confidential juvenile court records to Richard Fisher, staff counsel to the California Commission on Teacher Credentialing, Division of Professional Practices/Discipline Wing (Commission). Attached to the petition were the following: a copy of a (proposed) order for release of confidential juvenile court information; an August 3, 1998 letter from the employee relations director of the school district to the juvenile court requesting authorization to disseminate the confidential information to the Commission (“This information involves sexual misconduct by a teacher, and is relevant to whether the individual’s teaching credential should be revoked . . .”); a copy of the sustained amended petition; and, a minute order sustaining the amended petition. On August 3, 1998, a copy of the petition, with the attachments, was mailed to Father’s attorney.

The proposed order for release of the information stated, in relevant part:

“1. [the employee relations supervisor] . . . , may release confidential juvenile court information pertaining to the case involving the [G.] minors ... in the following manner:
“A. [the employee relations supervisor] may inform Mr. Richard Fisher, Staff Counsel, California Commission on Teacher Credentialing, Division of Professional Practices/Discipline Wing, that Robert [G.], a teacher employed by [the school district], has been found to have sexually abused his two daughters and another female minor.
“B. [the employee relations supervisor] may release a copy of the juvenile court petition as amended and sustained by the Juvenile Court, to Mr. Richard Fisher, California Commissioner on Teacher Credentialing.
“2. Mr. Richard Fisher, Staff Counsel, California Commission on Teacher Credentialing, may disseminate the confidential juvenile court information to those on the California Commission on Teacher Credentialing who require the information to investigate the fitness of a teacher to hold a credential.”

[1413]*1413The minors did not object to the disclosure. On or about August 11, 1998, Father filed an objection, which stated, in relevant part:

“This objection is based on the fact that at the hearing of this matter, the Court specifically found that the testimony of the social worker, . . . , was to [sic] biased against the father that the report and testimony were of no value to the Court.
“ Now, after the [DCFS] has filed its request for disclosure of confidential information, [the school district where Father is employed] is now requesting that information, and in its request, the [school district] repeats the misinformation in the report. In paragraph 1(a) of the [school district’s] proposed order it is stated that ‘ [the Employee Relations Supervisor] may inform Mr. Richard Fisher, Staff Counsel, California Commission on Teacher Credentialing, . . . that Robert [G.], a teacher employed by the [school district], has been found to have sexually abused his two daughters and another female minor.’ This information is totally incorrect, and these false statements have been repeated and are now being disseminated. Father objects to the dissemination of this misinformation.”

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Related

In Re RG
94 Cal. Rptr. 2d 818 (California Court of Appeal, 2000)

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Bluebook (online)
79 Cal. App. 4th 1408, 94 Cal. Rptr. 2d 818, 2000 Cal. Daily Op. Serv. 3087, 2000 Daily Journal DAR 4117, 2000 Cal. App. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-calctapp-2000.