Therolf

Therolf v. Superior Court

Good Law
Court of Appeal of CaliforniaJune 27, 2022F083561California15,018 words

Opinion

Opinion

Filed 6/27/22 (see concurring opinion)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

GARRETT THEROLF,

F083561

Petitioner, (Super. Ct. No. MJP018758) v.

THE SUPERIOR COURT OF MADERA OPINION

COUNTY,

Respondent;

MADERA COUNTY DEPARTMENT OF

SOCIAL SERVICES/CHILD WELFARE

SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS; in mandate. Thomas L. Bender, Judge. University of California at Irvine School of Law, Susan E. Seager and Jack Lerner for Petitioner. No appearance for Respondent. Regina A. Garza, County Counsel, and Christopher B. Dorian, Deputy County Counsel, for Real Party in Interest. -ooOoo-

SEE CONCURRING OPINION

Under Welfare and Institutions Code section 827, subdivision (a)(2) 1 (hereafter section 827(a)(2) or § 827(a)(2)), the juvenile court is required to release to the public the “juvenile case files … that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300” unless the juvenile court finds, by a preponderance of the evidence, that release of the files would be detrimental to “another child who is directly or…

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