Juvenile Filings
Documents filed in juvenile proceedings must protect the anonymity of all juveniles involved. To protect the identity of juveniles, use of the minor’s first name and initial of the last name (surname) in the caption and body of the briefing. When the parent’s and minor share the same last name, the parent’s last name should be protected using the same method. However, where a minor’s name is particularly distinctive or unusual, only the minor’s initials should be used. (California Rules of Court, Rule 8.401, subd. (a); Cal. Style Manual (4th ed. 2000) § 5:9, 5:10 [“Individuals entitled to protective nondisclosure are described by first name and last initial . . .”)
Victims Generally
The anonymity of minors who are victims or witnesses in adult criminal cases and adult victims of sex crimes should also be protected. A juvenile victim or witness should be referred to by first name and last initial in court filings. (Cal. Style Manual (4th ed. 2000) § 5:9)
The California Style Manual’s Editorial Policy for Official Reports “B.” provides a series of “Protective Nondisclosure of Identity” rules covering other protected individuals, including jurors and conservatees. For a more detailed discussion of confidentiality issues go to “Confidential Records” found under “Legal Resources” on ADI’s website.
Is a Name Unusual or Distinctive?
You can likely discern whether a name is unusual. However, for guidance in determining whether a name is particularly distinctive or unusual, see In re Edward S. (2009) 173 Cal.App.4th 387, 392, fn. 1. In Edward S., the court used Social Security Administration website as source of whether name is “unusual,” adopting the “objective standard used by the Reporter of Decisions to determine whether particular name is unusual . . .” Under that method, if the name was not in the top 1,000 most popular names for any year of birth within last nine years, initials should be used.