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Name: In re James H.
Case #: A116315
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/31/2007
Summary

Sealed juvenile court records may not be released for use in an SVP proceeding. As part of SVP proceedings prior to appellant’s scheduled release from prison, the Board of Parole Hearings (BPH) petitioned for release of appellant’s sealed juvenile records under Welfare and Institutions Code section 827. The juvenile court ordered release of the records to BPH without a hearing. Appellant contended on appeal that the juvenile court exceeded its authority when it released records previously sealed under section 781. The appellate court agreed and remanded the case. Juvenile court records may not be released for use in an SVP proceeding when those records have been sealed by court order under section 781. Records which have been sealed under that section are by its express terms “not open to inspection.” If the Legislature determines that sealed records should be available for this purpose, it may amend section 781 or the SVP Act to accomplish this.