S.V.

S.V. v. Superior Court of Orange Cnty.

Good Law
13 Cal. App. 5th 1174·2017 Cal. App. LEXIS 667·221 Cal. Rptr. 3d 298·2017 WL 3225044
Court of Appeal of CaliforniaJuly 31, 2017G053903California4,760 words

Opinion

Lead Opinion

Moore, J.

*1176 I

INTRODUCTION

Under separation of powers principles, when the Legislature has enacted a statute with limited exceptions, courts may not add additional exceptions. (See Cal. Const., art. III, § 3.) In 2014, the Legislature enacted a statute that generally requires a juvenile court to seal a minor's confidential delinquency file following a dismissal. The court cannot later unseal and release information in the file to others, except in eight limited circumstances for certain designated parties (e.g., the probation department). ( Welf. & Inst. Code, § 786, subds. (a)(1), (f)(1)(A)-(H).) 1 A third party criminal defendant is not one of the designated parties under the eight statutory exceptions.

Here, a juvenile court dismissed a delinquency petition and sealed the minor's records. A criminal defendant later filed a request for disclosure of the minor's sealed records. Defendant is charged with the pimping, pandering, and human trafficking of the minor; she is likely to be a witness at defendant's upcoming trial. The juvenile court reviewed the minor's sealed *1177 file and ordered that a redacted portion of the file be released to defendant (under procedures appropriate to…

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