Other Cases Affecting Children

Cimarusti v. Superior Court (2000) 79 Cal.App.4th 799 [94 Cal.Rptr.2d 336] Court of Appeal, Second District, Division 4.

After an administrative law judge denied four youth correctional officers' petition for discovery of six wards' juvenile records and their request to interview the wards. The officers brought suit in superior court. The officers, employed by the California Youth Authority (CYA), received notices of adverse action informing them of their dismissals for engaging in or failing to stop or report the use of unauthorized physical force on six children in custody. The officers had requested certain discovery evidence from CYA and had requested access to the children for interviews. CYA declined to provide certain items because they were included in juvenile records, which could be disclosed only upon an order of the juvenile court pursuant to Welfare and Institutions Code 827. CYA also declined access to the wards. The trial court (1) determined that the records sought by the officers were confidential and that only the juvenile court judge could order disclosure of them, and (2) refused to order CYA to provide access to the children for interviews. The trial court's decision was not appealable, and the officers petitioned the appellate court by writ of mandate.

The Court of Appeal denied the writ of mandate and concluded that the trial court's decisions were correct. The appellate court determined that Welfare and Institutions Code section 827 controlled the issue of disclosure of juvenile court records, not Government Code section 19574.1 (requiring disclosure of records in the possession of the appointing power to disciplined employees.) The officers had requested, among other documents, the disciplinary and medical files of the wards. Because these documents purportedly contained juvenile court records, only the juvenile court judge had the authority to review them. The appellate court noted that superior court judges not designated to the juvenile court may not hear and rule on juvenile court matters.

The appellate court stated that on remand, the presiding judge should assign a designated juvenile court judge to examine the confidential files and determine which documents should be disclosed to the officers. Pursuant to Government Code section 19574.2, the designated judge may order any requested items that are not considered juvenile court records. The designated judge may order disclosure of juvenile court records, within the meaning of Welfare and Institutions Code section 827, in the exercise of delegated discretion under the authority of the juvenile court. The designated court, in exercising its discretion, should consider the best interest of the children, including the confidentiality of their records, against the officers' needs and interests in disclosure. (Foster v. Superior Court (1980) 107 Cal.App.3d 218, 227-230, 165 Cal.Rptr 701.)

Relying on Navajo Express v. Superior Court, the appellate court stated the following guidelines for the process of record evaluation: (1) the petitioners need to ensure that the information they seek is specific and clearly articulated in order to assist the court in performing its review; and (2) the court should determine if the records pertain to the pending proceeding or would be otherwise discoverable under Government Code section 19574.1 but for their character as juvenile court records; and (3) if the records are otherwise discoverable, the court should decide if the need for discovery outweighs the policy considerations favoring juvenile court record confidentiality. (Navajo Express v. Superior Court (1986) 186 Cal.App.3d. 981, 231 Cal.Rptr. 165.) The appellate court also determined that the officers did not have the right to speak personally with the children to request an interview. The appellate court stated that there is generally no due process right to prehearing discovery in administrative hearings and that the scope is governed by statute and agency discretion. (Mohilef v. Janovici (1996) 51 Cal.App.4th 267, 302, 58 Cal.Rptr.2d 721.)