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 A request for confidentiality may be made by a minor or legal guardian.

(2) Number of minors A request for confidentiality by a legal guardian may be made for more than one minor. "Minor," as used in this rule, refers to all minors for whom a request for confidentiality is made.

(d) Procedures for making request

(1) Timing of requests A request for confidentiality may be made at any time during the case.

(2) Submission of request The person submitting a request must complete and fileRequest to Keep Minor's Information Confidential(form DV-160), a confidential form.

(3) Ruling on request

(A) Ruling on request without notice The court must determine whether to grant a request for confidentiality without requiring that any notice of the request be given to the other party, or both parties if the minor is not a party in the proceeding. No adversarial hearing is to be held.

(B) Request for confidentiality submitted at the same time as a request for restraining orders If a request for confidentiality is submitted at the same time as a request for restraining orders, the court must consider both requests consistent with Family Code section 6326, and must consider and rule on the request for confidentiality before the request for restraining order is filed. Documents submitted with the restraining order request must not be filed until after the court has ruled on the request for confidentiality and must be consistent with (C) below.

(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 If the court finds that the request for confidentiality is insufficiently specific to meet the requirements under Family Code section 6301.5(b) for granting the request, the court may take testimony from the minor, or legal guardian, the person requesting a protective order, or other competent witness, in a closed hearing in order to determine if there are additional facts that would support granting the request.

(e) Orders on request for confidentiality

(1) Rulings The court may grant the entire request, deny the entire request, or partially grant the request for confidentiality.

(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 Information about a minor must be shared with the respondent only as provided in Family Code section 6301.5(d)(1)(B), limited to information necessary to allow the respondent to respond to the request for the protective order and to comply with the confidentiality order and the protective order.

(2) To law enforcement Information about a minor must be shared with law enforcement only as provided in Family Code section 6301.5(d)(1)(A) or by court order.

(3) To other persons If the court finds it is necessary to prevent abuse within the meaning of Family Code section 6220, or is in the best interest of the minor, the court may release confidential information on the request of any person or entity or on the court's own motion.

(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 The request may be granted or denied in whole or in part without a hearing. Alternatively, the court may set the matter for hearing on at least 10 days' notice to the person who made the request for release of confidential information and the person who made the request for confidential information. Any hearing must be confidential.

(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.)

Advisory Committee Comment

Subdivisions (a), (b), (d), and (e).The process described in this rule need not be used if the request for confidentiality is merely to keep an address confidential and the minor has a mailing address which does not need to be kept private that can be listed on the forms, or if the minor's address can be made confidential under Family Code section 3429. In addition, the address need not be listed on the protective order for enforcement purposes under Family Code section 6225. The restraining order forms do not require the address of the nonpetitioning minor.

This rule and rule 2.551 provide a standard and procedures for courts to follow when a request is made to seal a record. The standard as reflected in Family Code section 6301.5 is based onNBC Subsidiary (KNBC-TV), Inc. v. Superior Court(1999) 20 Cal.4th 1178. The standard recognizes the First Amendment right of access to documents used at trial or as a basis of adjudication.