Rule 5.382. Request to make minor's information confidential in domestic violence protective order proceedings

(a) Application of rule This rule applies to requests and orders made under Family Code section 6301.5 to keep a minor’s information confidential in a domestic violence protective order proceeding. Wherever used in this rule, “legal guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor.

(b) Information that may be made confidential The information that may be made confidential includes:

(1) The minor’s name;

(2) The minor’s address;

(3) The circumstances surrounding the protective order with respect to the minor. These include the allegations in theRequest for Domestic Violence Restraining Order(form DV-100) that involve conduct directed, in whole or in part, toward the minor; and

(4) Any other information that the minor or legal guardian believes should be confidential.

(c) Requests for confidentiality

(1) Person making request

(2) Number of minors

(d) Procedures for making request

(1) Timing of requests

(2) Submission of request

(3) Ruling on request

(A) Ruling on request without notice

(B) Request for confidentiality submitted at the same time as a request for restraining orders

(C) em] Withdrawal of request

(i) The court must not file the request for restraining order and the accompanying proposed order forms and must return the documents to the requester personally, destroy the documents, or delete the documents from any electronic files;

(ii) The order denying confidentiality must be filed and maintained in a public file; and

(iii) The request for confidentiality must be filed and maintained in a confidential file.

(4) Need for additional facts

(e) Orders on request for confidentiality

(1) Rulings

(2) Order granting request for confidentiality

(A) em] Applicability

(B) Minor’s name

(i) If the minor is a party to the action, the court must use the initials of the minor, or other initials at the discretion of the court. In addition, the court must use only initials to identify both parties to the action if using the other party’s name would likely reveal the identity of the minor.

(ii) If the minor is not a party to the action, the court must not include any information that would likely reveal the identity of the minor, including whether the minor lives with the person making the request for confidentiality.

(C) Circumstances surrounding protective order (statements related to minor)

(D) Service and copies

(3) Order denying request for confidentiality

(A) The order denying confidentiality must be filed and maintained in a public file. The request for confidentiality must be filed and maintained in a confidential file.

(B) Notwithstanding denial of a request to keep the minor’s address confidential, the address may be confidential under other statutory provisions.

(C) Service

(i) If a request for confidentiality is denied and the request for restraining order has been withdrawn, and if no other action is pending before the court in the case, then theRequest to Keep Minor’s Information Confidential(form DV-160) andOrder on Request to Keep Minor’s Information Confidential(form DV-165) must not be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.

(ii) If a request for confidentiality is denied and the request for restraining order has not been withdrawn, or if an action between the same parties is pending before the court, then theRequest to Keep Minor’s Information Confidential(form DV-160) andOrder on Request to Keep Minor’s Information Confidential(form DV-165) must be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.

(f) Procedures to protect confidential information when order is granted

(1) If a request for confidentiality is granted in whole or in part, the court, in its discretion, and taking into consideration the factors stated in (g), must ensure that the order granting confidentiality is maintained in the most effective manner by:

(A) The judicial officer redacting all information to be kept confidential from all applicable documents;

(B) Ordering the requesting party or the requesting party’s attorney to prepare a redacted copy of all applicable documents and submit all redacted copies to the court for review and filing; or

(C) Ordering any other procedure that facilitates the prompt and accurate preparation of a redacted copy of all applicable documents in compliance with the court’s order granting confidentiality, provided the selected procedure is consistent with (g).

(2) The redacted copy or copies must be filed and maintained in a public file, and the unredacted copy or copies must be filed and maintained in a confidential file.

(3) Information that is made confidential from the public and the restrained person must be filed in a confidential file accessible only to the minor or minors who are subjects of the order of confidentiality, or legal guardian who requested confidentiality, law enforcement for enforcement purposes only, and the court.

(4) Any information that is made confidential from the restrained person must be redacted from the copy that will be served on the restrained person.

(g) Factors in selecting redaction procedures In determining the procedures to follow under (f), the court must consider the following factors:

(1) Whether the requesting party is represented by an attorney;

(2) Whether the requesting party has immediate access to a self-help center or other legal assistance;

(3) Whether the requesting party is capable of preparing redacted materials without assistance;

(4) Whether the redactions to the applicable documents are simple or complex; and

(5) When applicable, whether the selected procedure will ensure that the orders on the request for restraining order and the request for confidentiality are entered in an expeditious and timely manner.

(h) Releasing minor’s confidential information

(1) To respondent

(2) To law enforcement

(3) To other persons

(A) Request for release of confidential information

(i) Any person or entity may request the release of confidential information by filingRequest for Release of Minor’s Confidential Information(form DV-176) and a proposed order,Order on Request for Release of Minor’s Confidential Information(form DV-179), with the court.

(ii) Within 10 days after filing form DV-176 with the clerk, the clerk must serve, by first-class mail, the following documents on the minor or legal guardian who made the request to keep the minor’s information confidential:

(B) Opportunity to object

(i) The person who made the request for confidentiality has the right to object by filing form DV-178 within 20 days from the date of the mailing of form DV-177, or verbally objecting at a hearing, if one is held.

(ii) The person filing a response must serve a copy of the response (form DV-178) on the person requesting release of confidential information. Service must occur before filing the response form with the court unless the response form contains confidential information. If the response form contains confidential information, service must be done as soon as possible after the response form has been redacted.

(iii) If the person who made the request for confidentiality objects to the release of information, the court may set the matter for a closed hearing.

(C) Rulings

(i) Order granting release of confidential information

(ii) Order denying request to release minor’s confidential information

(iii) If the court finds that the request to release confidential information is insufficiently specific to meet the requirements under Family Code section 6301.5(d)(3), the court may conduct a closed hearing to determine if there are additional facts that would support granting the request. The court may receive any relevant evidence, including testimony from the person requesting release of the minor’s confidential information, the minor, the legal guardian, the person who requested the restraining order, or other competent witness.

(i) Protecting information in subsequent filings and other civil cases

(1) Filings made after an order granting confidentiality

(A) A party seeking to file a document or form after an order for confidentiality has been made must submit theCover Sheet for Confidential Information(form DV-175) attached to the front of the document to be filed.

(B) Upon receipt of form DV-175 with attached documents, the court must:

(i) Order a procedure for redaction consistent with the procedures stated in (f);

(ii) File the unredacted document in the confidential file pending receipt of the redacted document if the redacted document is not prepared on the same court day; and

(iii) File the redacted document in the public file after it has been reviewed and approved by the court for accuracy.

(2) Other civil case

(A) Information subject to an order of confidentiality issued under Family Code section 6301.5 must be kept confidential in any family law case and any other civil case with the same parties.

(B) The minor or person making the request for confidentiality and any person who has been served with a notice of confidentiality must submit a copy of the order of confidentiality (form DV-165) in any family law case and any other civil case with the same parties.

Committee Notes

(Subd (h) amended effective September 1, 2020.)

(Subd (i) amended effective September 1, 2020.)