Amended  IN  Senate  May 23, 2019
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 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.

This bill would authorize a court to grant a petition to disclose confidential information, if the court makes certain determinations, and would require the party who sought to keep the information confidential to be served with the petition and afforded an opportunity to object. The bill would authorize the court, at any time and on its own, to authorize a disclosure of any portion of the confidential information to certain individuals or entities if certain conditions are met. The bill would authorize the minor’s legal guardian who petitioned to keep the information confidential or a person who received confidential information to disclose confidential information without a court order under specified conditions.
The bill would modify the civil contempt fine for a disclosure or misuse of confidential information to instead authorize a court to impose a sanction of up to $1,000 for a disclosure of confidential information that is not allowed under the provisions described above, except that the bill would prohibit the court from imposing a sanction upon a minor who alleged abuse, as defined. The bill would require a court, before imposing a sanction, to first determine whether a person has, or is reasonably likely to have, the ability to pay a sanction.
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 that was obtained in connection with a request for a protective order pursuant to this division, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a 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) (1) 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 Except as provided in paragraph (2), if the court determines that unwarranted disclosure of confidential information has been made, made without a court order, 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. The minor who has alleged abuse as defined under this division shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has, or is reasonably likely to have, the ability to pay.
(2) Confidential information may be disclosed without a court order pursuant to subdivision (d) only in the following circumstances:
(A) By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this section or the protected party in an order pursuant to this division, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this subparagraph is subject to the sanction in paragraph (1) only if the disclosure was malicious.
(B) By a person to whom confidential information is disclosed, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this subparagraph is subject to the sanction in paragraph (1) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(d) (1) Information regarding a minor who is protected by a protective order issued pursuant to this division Confidential information 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 At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to implement effectuate the purpose of this division specified in Section 6220, including implementation of the protective order 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 disclosure would effectuate the purpose of this division specified in Section 6220 or 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 personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.