Gilbert v. Superior Court

Statement of the Case and Facts

Petitioners, Wilma J. and Daniel Gilbert, filed this petition seeking an order requiring the Superior Court of Tulare County to compel the Kern Regional Center (KRC) and the Regional Center of Orange County, Inc. (RCOC) to obey subpoenas duces tecum requiring those centers to produce for inspection and copying by petitioners’ attorney certain confidential patient records protected by Welfare and Institutions Code sections 5328 and/or 4514.

Since August 1981 petitioners have operated a community care facility in Tulare County for developmentally disabled youths, classified as a small family home, under a license granted by the Department of Social Services (DSS). Between 1981 and the summer of 1986 a number of developmentally disabled youths have been placed in petitioners’ home by as many as five different regional centers in the state.

On July 15, 1986, DSS filed an accusation against petitioners seeking the revocation of their license based upon the violation of listed statutes and regulations and alleging mistreatment of seven patients. The patients were referred to by number. A hearing was scheduled for January 26, 1987, under the…