. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child abduction and recovery programs, by
ensuring the confidentiality of child abduction records, and to
thereby encourage the full and frank disclosure of information
relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17400, and Chapter 6 (commencing with Section 4800) of Part 5 of
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in this subdivision, all files,
applications, papers, documents, and records, established or
maintained by any public entity for the purpose of locating an
abducted child, locating a person who has abducted a child, or
prosecution of a person who has abducted a child shall be
confidential, and shall not be open to examination or released for
disclosure for any purpose not directly connected with locating or
recovering the abducted child or abducting person or prosecution of
the abducting person.
(2) Except as provided in subdivision (c), no public entity shall
disclose any file, application, paper document, or record described
in this section, or the information contained therein.
(c) (1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecution conducted in
connection with the child abduction or prosecution of the abducting
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) Public records subject to disclosure under Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code may be released.
(4) After a noticed motion and a finding by the court, in a case
in which child recovery or abduction prosecution actions are being
taken, that release or disclosure is required by due process of law,
the court may order a public entity that possesses an application,
paper, document, or record described in this subdivision to make that
item available to the defendant or other party for examination or
copying, or to disclose to an appropriate person the contents of that
item. Article 9 (commencing with Section 1040) of Chapter 4 of
Division 8 of the Evidence Code shall not be applicable to
proceedings under this part.
(5) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a minor child, or location of a concealed or abducted child
or the location of the concealing or abducting person, may be
disclosed to any appropriate law enforcement agency, or to any state
or county child protective agency, or may be used in any judicial
proceedings to prosecute that crime or to protect the child.
(6) Information may be released to any state or local agency for
the purposes connected with establishing, modifying, and enforcing
child support obligations, enforcing spousal support orders, and
determining paternity as required by Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and this article.