T.N.G. v. Superior Court

In T.N.G. v. Superior Court (1971) 4 Cal.3d 767, the juveniles had been distributing anti-war leaflets and were taken into custody by the police for allegedly loitering near a school. Although the police completed an "Incident Report," the youths were released a few hours later without being taken before the juvenile court or formally charged. The youths' request to have their detention records immediately sealed was denied due to the five-year limitation on the sealing of juvenile records provided for in section 781. The California Supreme Court held that the five-year limitation was not a denial of equal protection in that (1) section 827 prevented those records from being disclosed to third parties without a court order, and adequately protected the minors from the ignominy that the release of the reports could cause, and (2) the records were needed by the juvenile courts to aid in their efforts at rehabilitation. The decision by the court that section 827 does not permit the disclosure of information as to arrest or detention was one of the essential bases for its holding that section 781 was constitutional. It is not mere dicta as alleged by plaintiff. The court, at pages 780-781, stated: " Welfare and Institutions Code section 827 reposes in the juvenile court control of juvenile records and requires the permission of the court before any information about juveniles is disclosed to third parties by any law enforcement official. The police department of initial contact may clearly retain the information that it obtains from the youths' detention, but it must receive the permission of the juvenile court pursuant to section 827 in order to release that information to any third party, including state agencies. Police records in this regard become equivalents to court records and remain within the control of the juvenile court." The court found that this expansion of section 827's coverage was necessary to keep third parties from thwarting the rehabilitative purposes of the juvenile court by using the records to the detriment of the minors. The court elaborated, "Since the entire Juvenile Court Law places the responsibility of providing care and protective guidance for youths upon the juvenile court, section 827 provides the means for assuring to the juvenile court the authority to fulfill that responsibility without interference by third parties. In determining what information should be released, the juvenile court is in a position to determine whether disclosure would be in the best interests of the youth. The presumption of innocence, the legislative policy of confidentiality encompassing juvenile proceedings, and the hazard that the information will be misused by third parties fully justify the juvenile court's refusal to disclose information about juvenile detentions." ( Id., at p. 781.)