RS

R.S. v. Superior Court

Good Law
172 Cal. App. 4th 1049·2009 Cal. App. LEXIS 468·91 Cal. Rptr. 3d 546
Court of Appeal of CaliforniaMarch 3, 2009G040473California2,669 words

Opinion

Opinion

O'Leary, J.

In R.S.’s petition for writ of mandate, he seeks to vacate the juvenile court’s May 29, 2008 order permitting disclosure of a Child Abuse Services Team (CAST) tape contained in R.S.’s juvenile court file. The tape shows a CAST member’s interview with R.S.’s seven-year-old victim. R.S. argues no good cause exists to justify its release; the information it contains is capable of being obtained from other sources, i.e., the victim’s treating therapist; and disclosure of the tape will not only affect his future employment and his college aspirations, but would “severely retrogress [his] ability to interact socially.” Moreover, R.S. contends the CAST tape should not be disclosed because there is no legal action pending against him by the victim. We conclude the court did not abuse its discretion in disclosing the CAST tape pursuant to a protective order, and accordingly, we deny the petition.

FACTUAL AND PROCEDURAL HISTORY

In December 2007, R.S. was found to be a ward of the court pursuant to Welfare and Institutions Code, section 602, after pleading guilty to performing lewd acts on a seven-year-old child. The court also issued a protective order on behalf of the victim…

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