(a) Petition for requesting a deceased child’s juvenile dependency case file
When the juvenile dependency case file of a deceased child is sought, the court must proceed as follows:
(1) Under section 16502.5 if the request is made by a county board of supervisors; or
(2) Under section 827(a)(2) if the request is made by a member of the public. The remainder of this rule applies to the release of the juvenile dependency case file of a deceased child under section 827(a)(2). It does not apply to review of records relating to the deceased child by the county board of supervisors under section 16502.5.
(A) Except to the extent that the file has been released to the public by court order under section 827(a)(2) and this rule, the file may not be obtained or inspected by civil or criminal subpoena, and the information from the file may not be disclosed by testimony without a juvenile court order.
(B) Any person or agency seeking the release or disclosure of the juvenile dependency case file of a deceased child must petition the court under section 827(a)(2) using Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-584).
(Subd (a) adopted effective January 1, 2026.)
(b) Notice of petition requesting a deceased child’s juvenile dependency case file (§ 827(a)(2))
(1) Upon filing a petition under section 827(a)(2), the petitioner must personally or by first-class mail serve a copy of the Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-584) that was filed with the court, Notice of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-585), and a blank copy of Objection to Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-586) on the following, to the extent that their identity and contact information is known by the petitioner:
(A) The custodian of records, as defined in section 10850.4(k)(2);
(B) The county counsel, city attorney, or any other attorney representing the custodian of records;
(C) Any surviving sibling, child, or nonminor dependent whose information is directly or indirectly included in the deceased child’s juvenile case file or who may be identified by information in the deceased child’s juvenile case file;
(D) Any of the following who is authorized to represent the interest of a surviving sibling, child, or nonminor dependent described in (C):
(i) The parent or guardian of any surviving minor sibling or child; and
(ii) The attorney of record or legal representative of any surviving sibling, child, or nonminor dependent;
(E) Anyone with a surviving interest protected by another state or federal law prohibiting or limiting the release of the juvenile case file or any portions thereof under section 827(a)(3);
(F) The attorney of record or legal representative of the individual protected under section 827(a)(3);
(G) The Indian tribe—and, if applicable, the Indian custodian—of any surviving sibling, child, nonminor dependent, or individual protected under section 827(a)(3), who is or was an Indian child as defined in section 224.1(b); and
(H) Any other interested party as determined by the court.
(2) The petitioner must complete Proof of Service—Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-583) and file it with the court.
(3) If the petitioner or the petitioner’s counsel indicates on the proof of service that they do not know or cannot reasonably determine the identity or address of any of the interested parties in (b)(1) or the custodian of records possesses information, such as a more recent address, indicating that service by the petitioner on any of those interested parties may have been ineffective, the custodian of records must, within 10 days of receipt of the petition:
(A) Serve on those parties, personally or by first-class mail to the last known address, a copy of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-584), Notice of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-585), and a blank copy of Objection to Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-586); and
(B) Complete Proof of Service—Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-583) and file it with the court.
(4) For good cause, the court may, on the motion of the person seeking the order or on its own motion, shorten the time for service of the Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-584).
(Subd (b) adopted effective January 1, 2026.)
(c) Procedure for evaluating a request for a deceased child’s juvenile dependency case file
Section 827(a)(2)(A)–(C), (E), and (F) sets forth the procedures and timelines governing objections, replies to objections, and hearings on a Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-584) and, subject to section 827(a)(3)(A), the standards for granting or denying such a petition. The court may issue redaction and protective orders such as Order Granting Section 827 Petition Attachment: Required Redactions (form JV-576) to limit public disclosure of a deceased child’s juvenile dependency case file, as necessary.
(Subd (c) adopted effective January 1, 2026.)
Rule 5.553 amended effective January 1, 2026; adopted effective January 1, 2009.