775-785

WELFARE AND INSTITUTIONS CODE
SECTION 775-785




775.  Any order made by the court in the case of any person subject
to its jurisdiction may at any time be changed, modified, or set
aside, as the judge deems meet and proper, subject to such procedural
requirements as are imposed by this article.



776.  No order changing, modifying, or setting aside a previous
order of the juvenile court shall be made either in chambers, or
otherwise, unless prior notice of the application therefor has been
given by the judge or the clerk of the court to the probation officer
and prosecuting attorney and to the minor's counsel of record, or,
if there is no counsel of record, to the minor and his parent or
guardian.



777.  An order changing or modifying a previous order by removing a
minor from the physical custody of a parent, guardian, relative, or
friend and directing placement in a foster home, or commitment to a
private institution or commitment to a county institution, or an
order changing or modifying a previous order by directing commitment
to the Youth Authority shall be made only after a noticed hearing.
   (a) The notice shall be made as follows:
   (1) By the probation officer where a minor has been declared a
ward of the court or a probationer under Section 601 in the original
matter and shall contain a concise statement of facts sufficient to
support the conclusion that the minor has violated an order of the
court.
   (2) By the probation officer or the prosecuting attorney if the
minor is a court ward or probationer under Section 602 in the
original matter and the notice alleges a violation of a condition of
probation not amounting to a crime. The notice shall contain a
concise statement of facts sufficient to support this conclusion.
   (3) Where the probation officer is the petitioner pursuant to
paragraph (2), prior to the attachment of jeopardy at the time of the
jurisdictional hearing the prosecuting attorney may make a motion to
dismiss the notice and may request that the matter be referred to
the probation officer for whatever action the prosecuting or
probation officer may deem appropriate.
   (b) Upon the filing of such notice, the clerk of the juvenile
court shall immediately set the same for hearing within 30 days, and
the probation officer shall cause notice of it to be served upon the
persons and in the manner prescribed by Sections 658 and 660.
   (c) The facts alleged in the notice shall be established by a
preponderance of the evidence at a hearing to change, modify, or set
aside a previous order. The court may admit and consider reliable
hearsay evidence at the hearing to the same extent that such evidence
would be admissible in an adult probation revocation hearing,
pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989)
and any other relevant provision of law.
   (d) An order for the detention of the minor pending adjudication
of the alleged violation may be made only after a hearing is
conducted pursuant to Article 15 (commencing with Section 625) of
this chapter.



778.  Any parent or other person having an interest in a child who
is a ward of the juvenile court or the child himself through a
properly appointed guardian may, upon grounds of change of
circumstance or new evidence, petition the court in the same action
in which the child was found to be a ward of the juvenile court for a
hearing to change, modify, or set aside any order of court
previously made or to terminate the jurisdiction of the court. The
petition shall be verified and, if made by a person other than the
child, shall state the petitioner's relationship to or interest in
the child and shall set forth in concise language any change of
circumstance or new evidence which are alleged to require such change
of order or termination of jurisdiction.
   If it appears that the best interests of the child may be promoted
by the proposed change of order or termination of jurisdiction, the
court shall order that a hearing be held and shall give prior notice,
or cause prior notice to be given, to such persons and by such means
as prescribed by Sections 776 and 779, and, in such instances as the
means of giving notice is not prescribed by such sections, then by
such means as the court prescribes.



779.  The court committing a ward to the Youth Authority may
thereafter change, modify, or set aside the order of commitment. Ten
days' notice of the hearing of the application therefor shall be
served by United States mail upon the Director of the Youth
Authority. In changing, modifying, or setting aside the order of
commitment, the court shall give due consideration to the effect
thereof upon the discipline and parole system of the Youth Authority
or of the correctional school in which the ward may have been placed
by the Youth Authority. Except as provided in this section, nothing
in this chapter shall be deemed to interfere with the system of
parole and discharge now or hereafter established by law, or by rule
of the Youth Authority, for the parole and discharge of wards of the
juvenile court committed to the Youth Authority, or with the
management of any school, institution, or facility under the
jurisdiction of the Youth Authority. Except as provided in this
section, this chapter does not interfere with the system of transfer
between institutions and facilities under the jurisdiction of the
Youth Authority. This section does not limit the authority of the
court to change, modify, or set aside an order of commitment after a
noticed hearing and upon a showing of good cause that the Youth
Authority is unable to, or failing to, provide treatment consistent
with Section 734.
   However, before any inmate of a correctional school may be
transferred to a state hospital, he or she shall first be returned to
a court of competent jurisdiction and, after hearing, may be
committed to a state hospital for the insane in accordance with law.



780.  If any person who has been committed to the Youth Authority
appears to be an improper person to be received by or retained in any
institution or facility under the jurisdiction of the Department of
the Youth Authority or to be so incorrigible or so incapable of
reformation under the discipline of any institution or facility under
the jurisdiction of the department as to render his or her retention
detrimental to the interests of the department, the department may
order the return of that person to the committing court. However, the
return of any person to the committing court does not relieve the
department of any of its duties or responsibilities under the
original commitment, and that commitment continues in full force and
effect until it is vacated, modified, or set aside by order of the
court.
   If any person is returned to the committing court, his or her
transportation shall be made, and the compensation therefor paid, as
provided for the order of commitment.



781.  (a) In any case in which a petition has been filed with a
juvenile court to commence proceedings to adjudge a person a ward of
the court, in any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, the person or the county
probation officer may, five years or more after the jurisdiction of
the juvenile court has terminated as to the person, or, in a case in
which no petition is filed, five years or more after the person was
cited to appear before a probation officer or was taken before a
probation officer pursuant to Section 626 or was taken before any
officer of a law enforcement agency, or, in any case, at any time
after the person has reached the age of 18 years, petition the court
for sealing of the records, including records of arrest, relating to
the person's case, in the custody of the juvenile court and probation
officer and any other agencies, including law enforcement agencies,
and public officials as the petitioner alleges, in his or her
petition, to have custody of the records. The court shall notify the
district attorney of the county and the county probation officer, if
he or she is not the petitioner, and the district attorney or
probation officer or any of their deputies or any other person having
relevant evidence may testify at the hearing on the petition. If,
after hearing, the court finds that since the termination of
jurisdiction or action pursuant to Section 626, as the case may be,
he or she has not been convicted of a felony or of any misdemeanor
involving moral turpitude and that rehabilitation has been attained
to the satisfaction of the court, it shall order all records, papers,
and exhibits in the person's case in the custody of the juvenile
court sealed, including the juvenile court record, minute book
entries, and entries on dockets, and any other records relating to
the case in the custody of the other agencies and officials as are
named in the order. In any case in which a ward of the juvenile court
is subject to the registration requirements set forth in Section 290
of the Penal Code, a court, in ordering the sealing of the juvenile
records of the person, also shall provide in the order that the
person is relieved from the registration requirement and for the
destruction of all registration information in the custody of the
Department of Justice and other agencies and officials.
Notwithstanding any other provision of law, the court shall not order
the person's records sealed in any case in which the person has been
found by the juvenile court to have committed an offense listed in
subdivision (b) of Section 707 when he or she had attained 14 years
of age or older. Once the court has ordered the person's records
sealed, the proceedings in the case shall be deemed never to have
occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are ordered sealed.
The court shall send a copy of the order to each agency and official
named therein, directing the agency to seal its records and stating
the date thereafter to destroy the sealed records. Each such agency
and official shall seal the records in its custody as directed by the
order, shall advise the court of its compliance, and thereupon shall
seal the copy of the court's order for sealing of records that it,
he, or she received. The person who is the subject of records sealed
pursuant to this section may petition the superior court to permit
inspection of the records by persons named in the petition, and the
superior court may so order. Otherwise, except as provided in
subdivision (b), the records shall not be open to inspection.
   (b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (c) (1) Subdivision (a) does not apply to Department of Motor
Vehicle records of any convictions for offenses under the Vehicle
Code or any local ordinance relating to the operation, stopping and
standing, or parking of a vehicle where the record of any such
conviction would be a public record under Section 1808 of the Vehicle
Code. However, if a court orders a case record containing any such
conviction to be sealed under this section, and if the Department of
Motor Vehicles maintains a public record of such a conviction, the
court shall notify the Department of Motor Vehicles of the sealing
and the department shall advise the court of its receipt of the
notice.
   Notwithstanding any other provision of law, subsequent to the
notification, the Department of Motor Vehicles shall allow access to
its record of convictions only to the subject of the record and to
insurers which have been granted requestor code numbers by the
department. Any insurer to which such a record of conviction is
disclosed, when such a conviction record has otherwise been sealed
under this section, shall be given notice of the sealing when the
record is disclosed to the insurer. The insurer may use the
information contained in the record for purposes of determining
eligibility for insurance and insurance rates for the subject of the
record, and the information shall not be used for any other purpose
nor shall it be disclosed by an insurer to any person or party not
having access to the record.
   (2) This subdivision shall not be construed as preventing the
sealing of any record which is maintained by any agency or party
other than the Department of Motor Vehicles.
   (3) This subdivision shall not be construed as affecting the
procedures or authority of the Department of Motor Vehicles for
purging department records.
   (d) Unless for good cause the court determines that the juvenile
court record shall be retained, the court shall order the destruction
of a person's juvenile court records that are sealed pursuant to
this section as follows: five years after the record was ordered
sealed, if the person who is the subject of the record was alleged or
adjudged to be a person described by Section 601; or when the person
who is the subject of the record reaches the age of 38 if the person
was alleged or adjudged to be a person described by Section 602,
except that if the subject of the record was found to be a person
described in Section 602 because of the commission of an offense
listed in subdivision (b), of Section 707, when he or she was 14
years of age or older, the record shall not be destroyed. Any other
agency in possession of sealed records may destroy its records five
years after the record was ordered sealed.
   (e) This section shall not permit the sealing of a person's
juvenile court records for an offense where the person is convicted
of that offense in a criminal court pursuant to the provisions of
Section 707.1. This subdivision is declaratory of existing law.




781.5.  (a) Notwithstanding Section 781, in any case where a minor
has been cited to appear before a probation officer, has been taken
before a probation officer pursuant to Section 626, or has been taken
before any officer of a law enforcement agency, and no accusatory
pleading or petition to adjudge the minor a ward of the court has
been filed, the minor may request in writing that the law enforcement
agency and probation officer having jurisdiction over the offense
destroy their records of the arrest or citation. A copy of the
request shall be served upon the district attorney of the county
having jurisdiction over the offense. The law enforcement agency and
probation officer having jurisdiction over the offense, upon a
determination that the minor is factually innocent, shall, with the
concurrence of the district attorney, seal their records with respect
to the minor and the request for relief under this section for three
years from the date of the arrest or citation and thereafter destroy
the records and the request. A determination of factual innocence
shall not be made pursuant to this subdivision unless the law
enforcement agency and probation officer, with the concurrence of the
district attorney, determine that no reasonable cause exists to
believe that the minor committed the offense for which the arrest was
made or the citation was issued. The law enforcement agency and
probation officer having jurisdiction over the offense shall notify
the Department of Justice, and any other law enforcement agency or
probation officer that arrested or cited the minor or participated in
the arrest or citing of the minor for an offense for which the minor
has been found factually innocent under this subdivision, of the
sealing of the minor's records and the reason therefor. The
Department of Justice and any law enforcement agency or probation
officer so notified shall forthwith seal its records of the arrest or
citation and the notice of sealing for three years from the date of
the arrest or citation, and thereafter destroy those records and the
notice of sealing. The law enforcement agency and probation officer
having jurisdiction over the offense and the Department of Justice
shall request the destruction of any records of the arrest or
citation that they have given to any local, state, or federal agency
or to any other person or entity. Each agency, person, or entity
within the State of California receiving that request shall destroy
its records of the arrest or citation and that request, unless
otherwise provided in this section.
   (b) If, after receipt by the law enforcement agency, probation
officer, and the district attorney of a request for relief under
subdivision (a), the law enforcement agency, probation officer, and
district attorney do not respond to the request by accepting or
denying the request within 60 days after the running of the statute
of limitations for the offense for which the minor was cited or
arrested or within 60 days after receipt of the petition in cases
where the statute of limitations has previously lapsed, then the
request shall be deemed to be denied. In any case where the request
of a minor to the law enforcement agency and probation officer to
have a record destroyed is denied, petition may be made to the
juvenile court that would have had jurisdiction over the matter. A
copy of the petition shall be served on the district attorney of the
county having jurisdiction over the offense at least 10 days prior to
the hearing thereon. The district attorney may present evidence to
the court at the hearing. Notwithstanding any other provision of law,
any judicial determination of factual innocence made pursuant to
this subdivision may be heard and determined upon declarations,
affidavits, police reports, or any other evidence submitted by the
parties that is material, relevant, and reliable. A finding of
factual innocence and an order for the sealing and destruction of
records pursuant to this subdivision or subdivision (d) shall not be
made unless the court finds that no reasonable cause exists to
believe that the minor committed the offense for which the arrest was
made or the citation was issued. In any court hearing to determine
the factual innocence of a minor, the initial burden of proof shall
rest with the minor to show that no reasonable cause exists to
believe that the minor committed the offense for which the arrest was
made or the citation was issued. If the court finds that this
showing of no reasonable cause has been made by the minor, then the
burden of proof shall shift to the respondent to show that a
reasonable cause exists to believe that the minor committed the
offense for which the arrest was made or the citation was issued.
   (c) If the court finds the minor to be factually innocent of the
charges for which the arrest was made or the citation was issued,
then the court shall order the law enforcement agency and probation
officer having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency or probation officer that
arrested or cited the minor or participated in the arrest or citation
of the minor for an offense for which the minor has been found
factually innocent under this section, to seal their records relating
to the minor and the court order to seal and destroy those records,
for three years from the date of the arrest or citation and
thereafter to destroy those records and the court order to seal and
destroy those records. The court shall also order the law enforcement
agency and probation officer having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest that they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving that request shall
destroy its records of the arrest or citation and the request to
destroy those records, unless otherwise provided in this section. The
court shall give to the minor a copy of any court order concerning
the destruction of the arrest or citation records.
   (d) Notwithstanding Section 781, in any case where a minor has
been arrested or a citation has been issued, and an accusatory
pleading or petition to adjudge the minor a ward of the court has
been filed, but not sustained, the minor may, at any time after
dismissal of the proceeding, request in writing from the court that
dismissed the proceeding a finding that the minor is factually
innocent of the charges for which the arrest was made or the citation
was issued. A copy of the request shall be served on the district
attorney of the county in which the accusatory pleading or petition
was filed at least 10 days prior to the hearing on the minor's
factual innocence. The district attorney may present evidence to the
court at the hearing. The hearing shall be conducted as provided in
subdivision (b). If the court finds the petitioner to be factually
innocent of the charges for which the arrest was made or the citation
was issued, then the court shall grant the relief as provided in
subdivision (c).
   (e) Notwithstanding Section 781, in any case where a minor has
been arrested or cited and an accusatory pleading or petition to
adjudge the minor a ward of the court has been filed, but not
sustained, and it appears to the judge presiding at the proceeding
that the minor was factually innocent of the offense, the court, upon
the written or oral motion of any party in the case or on the court'
s own motion, may grant the relief provided in subdivision (c). If
the district attorney objects to the court granting that relief, the
district attorney may request a hearing as to the minor's factual
innocence . This hearing shall be conducted as provided in
subdivision (b).
   (f) In any case where a minor who has been arrested or cited is
granted relief pursuant to this section, the law enforcement agency
and probation officer having jurisdiction over the offense or the
court shall issue a written declaration to the minor stating that it
is the determination of the law enforcement agency and probation
officer having jurisdiction over the offense or the court that the
minor is factually innocent of the charges for which the minor was
arrested or cited and that the minor is thereby exonerated.
Thereafter, the arrest or citation shall be deemed not to have
occurred and the minor may answer accordingly any question relating
to its occurrence.
   (g) The Department of Justice shall furnish forms to be utilized
by minors requesting the destruction of their arrest or citation
records and for the written declaration that a minor was found
factually innocent under this section.
   (h) Documentation of arrest or citation records that are destroyed
pursuant to this section that are contained in investigative police
reports shall bear the notation "Exonerated" whenever reference is
made to the minor. The minor shall be notified in writing by the law
enforcement agency and probation officer having jurisdiction over the
offense of the sealing and destruction of the arrest and citation
records pursuant to this section.
   (i) Any finding that a minor is factually innocent pursuant to
this section shall not be admissible as evidence in any action.
   (j) Destruction of records of arrest or citation pursuant to this
section shall be accomplished by permanent obliteration of all
entries or notations upon those records pertaining to the arrest or
citation, and the record shall be prepared again so that it appears
that the arrest or citation never occurred. However, where the only
entries on the record pertain to the arrest or citation and the
record can be destroyed without necessarily effecting the destruction
of other records, then the document constituting the record shall be
physically destroyed.
   (k) No records shall be destroyed pursuant to this section if the
minor or another individual arrested or cited for the same offense
has filed a civil action against the peace officers, law enforcement
agency, or probation officer that made the arrest, issued the
citation, or commenced the proceedings and if the agency or officer
that is the custodian of those records has received a certified copy
of the complaint in the civil action, until the civil action has been
resolved. Any records sealed pursuant to this section by the court
in the civil action, upon a showing of good cause, may be opened and
submitted into evidence. The records shall be confidential and shall
be available for inspection only by the court, jury, parties, counsel
for the parties, and any other person authorized by the court.
Immediately following the final resolution of the civil action,
records subject to this section shall be sealed and destroyed
pursuant to this section.
   (l) Any relief that is available to a minor under this section for
an arrest or citation shall also be available for a minor who is
taken into temporary custody and then released pursuant to Sections
625 and 626.
   (m) This section shall not apply to any offense that is classified
as an infraction.
   (n) (1) This section shall be repealed on the effective date of a
final judgment based on a claim under the California or United States
Constitution holding that evidence that is relevant, reliable, and
material may not be considered for purposes of a judicial
determination of factual innocence under this section. For purposes
of this subdivision, a judgment by the appellate division of a
superior court is a final judgment if it is published and if it is
not reviewed on appeal by a court of appeal. A judgment of a court of
appeal is a final judgment if it is published and if it is not
reviewed by the California Supreme Court.
   (2) Any decision referred to in this subdivision shall be stayed
pending appeal.
   (3) If not otherwise appealed by a party to the action, any
decision referred to in this subdivision that is a judgment by the
appellate division of the superior court, shall be appealed by the
Attorney General.



782.  A judge of the juvenile court in which a petition was filed,
at any time before the minor reaches the age of 21 years, may dismiss
the petition or may set aside the findings and dismiss the petition
if the court finds that the interests of justice and the welfare of
the minor require such dismissal, or if it finds that the minor is
not in need of treatment or rehabilitation. The court shall have
jurisdiction to order such dismissal or setting aside of the findings
and dismissal regardless of whether the minor is, at the time of
such order, a ward or dependent child of the court.



783.  An adjudication that a minor violated any of the provisions
enumerated in subdivision (d) of Section 13202.5 of the Vehicle Code
shall be reported to the Department of Motor Vehicles at its office
in Sacramento within 10 days of the adjudication pursuant to Section
1803 of the Vehicle Code.


784.  Notwithstanding any other provision of law, upon any
adjudication that a minor violated any provision of law for which a
report would be required under Section 1803 of the Vehicle Code,
including any determination that because of the act the minor is a
person described in Section 601 or 602 or that a program of
supervision should be instituted for the minor, the clerk shall, not
more than 30 days after the violation and in no case later than 10
days after the adjudication, prepare an abstract of the record,
certify the abstract to be true and correct, and immediately forward
the abstract to the Department of Motor Vehicles. The record shall be
a public record subject to disclosure in the same manner as reports
made under Section 1803 of the Vehicle Code.



785.  (a) Where a minor is a ward of the juvenile court, the
wardship did not result in the minor's commitment to the Youth
Authority, and the minor is found not to be a fit and proper subject
to be dealt with under the juvenile court law with respect to a
subsequent allegation of criminal conduct, any parent or other person
having an interest in the minor, or the minor, through a properly
appointed guardian, the prosecuting attorney, or probation officer,
may petition the court in the same action in which the minor was
found to be a ward of the juvenile court for a hearing for an order
to terminate or modify the jurisdiction of the juvenile court. The
court shall order that a hearing be held and shall give prior notice,
or cause prior notice to be given, to those persons and by the means
prescribed by Sections 776 and 779, or where the means of giving
notice is not prescribed by those sections, then by such means as the
court prescribes.
   (b) The petition shall be verified and shall state why
jurisdiction should be terminated or modified in concise language.
   (c) In determining whether or not the wardship shall terminate or
be modified, the court shall be guided by the policies set forth in
Section 202.
   (d) On and after January 1, 2012, at any hearing pursuant to this
section involving a minor who was removed from the physical custody
of his or her parent or guardian and placed in foster care at the
time the court adjudged the child a delinquent ward, or who was
removed from his or her parents or guardian and placed in foster care
as a dependent child immediately prior to the court adjudging the
child a delinquent ward, the court shall consider, as an alternative
to terminating jurisdiction, whether to modify its jurisdiction and
declare the minor to be a dependent child, pursuant to Section 300.
If the court finds that the ward no longer requires delinquency
supervision, but is at risk of abuse or neglect and cannot be
returned home safely, the court shall set a hearing pursuant to
Section 241.1 to determine whether a modification of its jurisdiction
as described in subdivision (d) of Section 241.1 is appropriate.
   (e) On and after January 1, 2012, the court shall continue
delinquency jurisdiction for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is eligible to remain in foster
care pursuant to Section 11403, unless the court finds that after
reasonable and documented efforts, the nonminor cannot be located or
does not wish to remain a nonminor dependent. In making this finding,
the court shall ensure that the nonminor has been informed of his or
her options, including the right to file a petition pursuant to
Section 388 to resume delinquency jurisdiction, and has had an
opportunity to confer with his or her counsel. As authorized in
paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal
Regulations, the court shall authorize a trial period of departure
from foster care as defined in subdivision (y) of Section 11400. In
order to ensure eligibility for federal financial participation, the
court shall set the end date of the trial period of departure from
foster care to be the day before the nonminor attains 21 years of age
unless it is not in the nonminor's best interests.
   (f) In addition to its authority under this chapter, the Judicial
Council shall adopt rules providing criteria for the consideration of
the juvenile court in determining whether or not to terminate or
modify jurisdiction pursuant to this section.