Holt v. Superior Court

SHOEMAKER, J.

Petitioner is the mother of three minor children. At the instigation of a probation officer three proceedings are pending in respondent court to declare the three children wards of that court.

Petitioner, prior to hearings upon the proceedings below, moved in respondent court to inspect a certain probationary report submitted by the probation officer and read by the judge below. There is a conflict in the record as to whether a report has ever been filed. Petitioner contends that filing was made. Respondents deny such filing. The motion was denied. That denial forms the basis for this petition for writ of mandate.

The questions to be decided on this application are:

(1) May parents inspect the report of a probation officer made pursuant to Welfare & Institutions Code, section 639, and

(2) May this court compel inspection prior to the filing of the report?

[526]

Petitioner contends that as a parent of the children sought to be made wards of the court she has a statutory right to inspect the report under Welfare & Institutions Code, section 639.

Petitioner’s contention seems amply justified by the language of the statute:

Ҥ 639.

[Scope of inquiry; report to judge.]

The probation officer shall inquire into the antecedents, character, family history, and environment of every person brought before the court, and of every person alleged to be a person who should be declared free from the custody and control of his parents. He shall inquire into the cause for which each such person is brought before the juvenile court, and shall make his report in writing to the judge thereof. The clerk with whom this report is filed shall not make it public, nor permit it to be inspected by any person except the parties mentioned therein, or their attorneys, unless the court before whom the proceeding is pending shall so direct by minute order, for good cause.” (Stats. 1937, ch. 369, p. 1027, § 639.)

This right to inspect was referred to in the case of