Using Confidential Police Reports in Court

My question involves child abuse or neglect in the State of: California

Without going into all the gory details, I made the mistake of pissing off my ex-wife post-divorce and now she is trying to hit me with anything she can. Prior to this mess, I had partial custody of my two kids, they were staying with me every other weekend.

I now have a restraining order against me and my children. I have had supervised visits for about four months. The visits have been consistent and positive. I have a review hearing coming up soon to evaluate supervised visitation. I have not talked to my Ex or anyone associated with her for several months. Yesterday, I was served with a declaration for the upcoming hearing. She is asking for supervision of visits to continue.

In her declaration, she attached a police report regarding my kid, a police report labeled "DO NOT COPY", "CONFIDENTIAL: Unlawful release is a MISDEMEANOR", "Not To Be Duplicated", "JUVENILE CONFIDENTIAL". The report describes an incident that has already been brought up during the initial hearing.

Question 1: The report describes an interview between a detective and my child. There are no conclusions drawn, no charges filed. I want to strike that Exhibit. I believe it qualifies for "Hearsay" and also, it addresses an incident that was already brought up at our original hearing. Can I object to this report?
Question: Aren't court records public information? Can she include confidential information in a court document like this?

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Question 1: The report describes an interview between a detective and my child. There are no conclusions drawn, no charges filed. I want to strike that Exhibit. I believe it qualifies for "Hearsay" and also, it addresses an incident that was already brought up at our original hearing. Can I object to this report?

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Family courts are allowed a lot of leeway other courts aren't. You aren't dealing with some criminal trial, or even a civil lawsuit but the well being of a child. As such, the family courts are allowed to consider many sources of information not able to be utilized in a criminal trial or civil lawsuit.

You can object to the report all you want. It is likely the judge will at least consider the report. It is up to you to dispute the report and any findings based on the report or to show why the report should not be given any weight in the matter at hand.

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Question: Aren't court records public information? Can she include confidential information in a court document like this?[

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Issues involving minors can be restricted. Haven't you ever noticed the names of children charged with crimes or as victims of crimes, especially sex offenses are not released to the public? The family and juvenile courts are also allowed to have closed sessions so as to prevent the publication of the matters discussed. Since the document is involving the child at issue, court documents involving that child would be able to be utilized in hearings involving that child.

I will try to get the report thrown out, but I will prepare as if it is allowed.

Regarding the confidentiality of the report.
It is my understanding that court records are public information. As in, I could go to the court house and request files for any case (unless they have been specifically sealed). It seems like she made unauthorized copies, distributed them, and filed them in a public record. (I'm not sure that I'm even allowed to have a copy).

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Regarding the confidentiality of the report.
It is my understanding that court records are public information.As in, I could go to the court house and request files for any case (unless they have been specifically sealed).

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from the state of California:

http://www.sdcourt.ca.gov/portal/pag..._schema=PORTAL

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All juvenile records are confidential and are not open to the public.
Due to strict laws regarding the confidentiality of records, case-specific information will not be given over the telephone because proper identification cannot be established.

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http://www.saccourt.ca.gov/family/records.aspx

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Confidential Files

Uniform Parentage Act and Department of Child Support Service court files are confidential and can only be viewed by the parties named in the case. Exception: If written consent is provided by one of the parties authorizing a person not named in the file to view the file.

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I suspect you need to worry more about why the report is such an issue and not so much the fact she is using the report.

Did she file this document or did an attorney do so?

With limited exceptions, family court proceedings are not exempt from rules of evidence.

She filed the document.

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Quoting Good Guy

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She filed the document.

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who filed it is irrelevant. If she has a lawyer, her lawyer should be chastising her for stepping on his/her toes and make an end around run and doing anything without the lawyers specific acknowledgment.

If she doesn't have a lawyer, who else would one expect to file anything for her?

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In her declaration, she attached a police report regarding my kid, a police report labeled "DO NOT COPY", "CONFIDENTIAL: Unlawful release is a MISDEMEANOR", "Not To Be Duplicated", "JUVENILE CONFIDENTIAL". The report describes an incident that has already been brought up during the initial hearing.

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UNLAWFUL release. Since she is the mother, she has a right to the documents just as you do. Again, you are focusing on a non-issue and ignoring the underlying issue.

Her submitting it to the court is not an issue. The court records concerning that document should be sealed and as such, not available to the public.

Submitting documents that are hearsay and which are duly objected to as such IS an issue. It is not within the courts discretion, as suggested, to disregard rules of evidence.

Okay, I'm assuming she didn't violate any laws by including the report. Is the report Hearsay? It's a report written by a detective, there isn't a signed declaration or anything.

Depends

If the report was previously introduced as evidence, as you implied, it is still hearsay, but is now an exception that may be used again