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Article 17. Wards--hearings - California Welfare and Institutions Code Section 676

676.  (a) Unless requested by the minor concerning whom the petition
has been filed and any parent or guardian present, the public shall
not be admitted to a juvenile court hearing. Nothing in this section
shall preclude the attendance of up to two family members of a
prosecuting witness for the support of that witness, as authorized by
Section 868.5 of the Penal Code. The judge or referee may
nevertheless admit those persons he or she deems to have a direct and
legitimate interest in the particular case or the work of the court.
However, except as provided in subdivision (b), members of the
public shall be admitted, on the same basis as they may be admitted
to trials in a court of criminal jurisdiction, to hearings concerning
petitions filed pursuant to Section 602 alleging that a minor is a
person described in Section 602 by reason of the violation of any one
of the following offenses:
   (1) Murder.
   (2) Arson of an inhabited building.
   (3) Robbery while armed with a dangerous or deadly weapon.
   (4) Rape with force or violence, threat of great bodily harm, or
when the person is prevented from resisting due to being rendered
unconscious by any intoxicating, anesthetizing, or controlled
substance, or when the victim is at the time incapable, because of a
disability, of giving consent, and this is known or reasonably should
be known to the person committing the offense.
   (5) Sodomy by force, violence, duress, menace, threat of great
bodily harm, or when the person is prevented from resisting due to
being rendered unconscious by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time incapable,
because of a disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense.
   (6) Oral copulation by force, violence, duress, menace, threat of
great bodily harm, or when the person is prevented from resisting due
to being rendered unconscious by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time incapable,
because of a disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense.
   (7) Any offense specified in subdivision (a) or (e) of Section 289
of the Penal Code.
   (8) Kidnapping for ransom.
   (9) Kidnapping for purpose of robbery.
   (10) Kidnapping with bodily harm.
   (11) Assault with intent to murder or attempted murder.
   (12) Assault with a firearm or destructive device.
   (13) Assault by any means of force likely to produce great bodily
injury.
   (14) Discharge of a firearm into an inhabited dwelling or occupied
building.
   (15) Any offense described in Section 1203.09 of the Penal Code.
   (16) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
   (17) Any felony offense in which a minor personally used a weapon
described in any provision listed in Section 16590 of the Penal Code.
   (18) Burglary of an inhabited dwelling house or trailer coach, as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, if the minor previously has been adjudged a
ward of the court by reason of the commission of any offense listed
in this section, including an offense listed in this paragraph.
   (19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
   (20) Any offense as specified in Sections 11351, 11351.5, 11352,
11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code.
   (21) Criminal street gang activity which constitutes a felony
pursuant to Section 186.22 of the Penal Code.
   (22) Manslaughter as specified in Section 192 of the Penal Code.
   (23) Driveby shooting or discharge of a weapon from or at a motor
vehicle as specified in Sections 246, 247, and 26100 of the Penal
Code.
   (24) Any crime committed with an assault weapon, as defined in
Section 30510 of the Penal Code, including possession of an assault
weapon as specified in Section 30605 of the Penal Code.
   (25) Carjacking, while armed with a dangerous or deadly weapon.
   (26) Kidnapping, in violation of Section 209.5 of the Penal Code.
   (27) Torture, as described in Sections 206 and 206.1 of the Penal
Code.
   (28) Aggravated mayhem, in violation of Section 205 of the Penal
Code.
   (b) Where the petition filed alleges that the minor is a person
described in Section 602 by reason of the commission of rape with
force or violence or great bodily harm; sodomy by force, violence,
duress, menace, threat of great bodily harm, or when the person is
prevented from resisting by any intoxicating, anesthetizing, or
controlled substance, or when the victim is at the time incapable,
because of mental disorder or developmental or physical disability,
of giving consent, and this is known or reasonably should be known to
the person committing the offense; oral copulation by force,
violence, duress, menace, threat of great bodily harm, or when the
person is prevented from resisting by any intoxicating,
anesthetizing, or controlled substance, or when the victim is at the
time incapable, because of mental disorder or developmental or
physical disability, of giving consent, and this is known or
reasonably should be known to the person committing the offense; any
offense specified in Section 289 of the Penal Code, members of the
public shall not be admitted to the hearing in either of the
following instances:
   (1) Upon a motion for a closed hearing by the district attorney,
who shall make the motion if so requested by the victim.
   (2) During the victim's testimony, if, at the time of the offense
the victim was under 16 years of age.
   (c) The name of a minor found to have committed one of the
offenses listed in subdivision (a) shall not be confidential, unless
the court, for good cause, so orders. As used in this subdivision,
"good cause" shall be limited to protecting the personal safety of
the minor, a victim, or a member of the public. The court shall make
a written finding, on the record, explaining why good cause exists to
make the name of the minor confidential.
   (d) Notwithstanding Sections 827 and 828 and subject to
subdivisions (e) and (f), when a petition is sustained for any
offense listed in subdivision (a), the charging petition, the minutes
of the proceeding, and the orders of adjudication and disposition of
the court that are contained in the court file shall be available
for public inspection. Nothing in this subdivision shall be construed
to authorize public access to any other documents in the court file.
   (e) The probation officer or any party may petition the juvenile
court to prohibit disclosure to the public of any file or record. The
juvenile court shall prohibit the disclosure if it appears that the
harm to the minor, victims, witnesses, or public from the public
disclosure outweighs the benefit of public knowledge. However, the
court shall not prohibit disclosure for the benefit of the minor
unless the court makes a written finding that the reason for the
prohibition is to protect the safety of the minor.
   (f) Nothing in this section shall be applied to limit the
disclosure of information as otherwise provided for by law.
   (g) The juvenile court shall for each day that the court is in
session, post in a conspicuous place which is accessible to the
general public, a written list of hearings that are open to the
general public pursuant to this section, the location of those
hearings, and the time when the hearings will be held.


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Last modified: February 16, 2015