General provisions

(a) Local rules

A superior court may, subject to the limits in the CARE Act and these rules, adopt local rules to govern CARE Act proceedings.

(b) Access to records (§ 5977.4(a))

All documents filed and all evaluations, reports, and other documents submitted to the court in CARE Act proceedings are confidential, notwithstanding disclosure of their contents during a CARE Act hearing. No person other than the respondent, the respondent’s counsel, the county behavioral health director or the director’s designee, counsel for the director or the director’s designee, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter may inspect or copy the case records without a court order.

(c) Sealing of records (§ 5976.5(e))

(1) A motion to seal records under section 5976.5(e) must specify the records to which it applies.

(2) The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.

(3) Any opposition to the motion must be filed within 10 court days of the date of service in (2).

(4) The extensions of time in Code of Civil Procedure sections 1010.6 and 1013 apply to motions under section 5976.5(e).

(5) The court may grant the motion without a hearing or, if timely opposition is filed, set a hearing on the motion, and provide at least five court days’ notice to all parties.

(6) Order

(A) If the court grants the motion and the sealed record is in paper format, the clerk must place on the envelope or container of the record a label prominently stating “SEALED BY ORDER OF THE COURT ON (DATE).” If the sealed record is in electronic form, the clerk must file the court’s order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.

(B) The order must state whether any person other than the court is authorized to inspect the sealed record.

(7) Rules 2.550 and 2.551 do not apply to motions to seal records under section 5976.5(e).

(d) Related proceedings (§§ 5977.4(c), 5978, 5978.2)

(1) Definition

“Related proceedings” means a proceeding identified in section 5978 from which a referral occurred that prompted a CARE Act proceeding or a court case through which the respondent is within the juvenile court’s dependency, delinquency, or transition jurisdiction.

(2) Informing the court and respondent’s attorney in related proceedings

If the CARE Act court learns that the respondent has been referred from a proceeding identified in section 5978 or that the respondent is within a juvenile court’s dependency, delinquency, or transition jurisdiction, the CARE Act court must order the county agency to:

(A) Inform the court in the related proceeding that a CARE Act petition has been filed on behalf of that respondent; and

(B) Notify the respondent’s attorney, if any, in the related case that a CARE Act petition has been filed on behalf of the respondent and provide that attorney with the contact information of the respondent’s CARE Act attorney, if known.

(3) Communication between courts

The CARE Act court and the court in the related proceeding may communicate regarding the status of the respondent’s cases in any manner consistent with the limits in section 5978.2.

(4) Concurrent jurisdiction with court in related proceeding

The CARE Act court is not precluded by statute from exercising jurisdiction over a respondent who is within the jurisdiction of the court in the related proceeding. The CARE Act court and the other court may, therefore, exercise concurrent jurisdiction over such a respondent.