California Family Code Section 6301.5

CA Fam Code § 6301.5 (2017)  

(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.

(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. Disclosure or misuse of that information is punishable as civil contempt of court with a fine of up to one thousand dollars ($1,000). An order of civil contempt under this subdivision shall not include imprisonment.

(d) (1) Information about a minor who is protected by an 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 order.

(2) To the extent necessary for the enforcement of the order and to allow the respondent to comply with and respond to the 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 or misuse of that information is punishable as a contempt of court.

(Added by Stats. 2017, Ch. 384, Sec. 2. (AB 953) Effective January 1, 2018.)

Last modified: October 25, 2018