Juvenile
Records
Persons Entitled to Access to Juvenile Court Records
IC 31-39-2-1
Application of chapter
Sec. 1. (a) This chapter applies to all records of
the juvenile court e
(1) Records involving an adult
charged with a crime or criminal contempt of court.
(2) Records involving a
pregnant minor or her physician seeking a waiver of the requirement under
IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 that a physician
who performs an abortion on an unemancipated minor first obtain the written
consent of the minor's parent or guardian.
(b) The legal records subject to this chapter include
the following:
(1) Chronological case
summaries.
(2) Inde
(3) Summonses.
(4) Warrants.
(5) Petitions.
(6) Orders.
(7) Motions.
(8) Decrees.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-2
Juvenile court judge and staff
Sec. 2. The records of the juvenile court are
available without a court order to the judge or any authorized staff member.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-3
Party and party's counsel
Sec. 3. (a) E
(b) A child e
(c) A person who was denied access to a predisposition
report or the records for a dispositional hearing may be denied access to that
subject matter.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-4
Presentence investigations
Sec. 4. The records of the juvenile court are
available without a court order to the judge of a court having criminal
jurisdiction or any authorized staff member if the record is to be used in a
presentence investigation in that court.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-5
Prosecuting attorney and staff
Sec. 5. The records of the juvenile court are
available without a court order to the prosecuting attorney or any authorized
staff member.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-6
Attorney or staff of county office of family and children, or staff of
division of family and children or department of correction
Sec. 6. The records of the juvenile court are
available without a court order to:
(1) the attorney for the county
office of family and children; or
(2) any authorized staff member
of:
(A) the
county office of family and children;
(B) the
division of family and children; or
(C) the
department of correction.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-7
Parents
Sec. 7. The records of the juvenile court are
available without a court order to the parents of a child whenever the custody
or support of that child is in issue in an action initiated under IC 31-15
or IC 31-16 (or IC 31-1-11.5 before its repeal).
As added by P.L.1-1997, SEC.22.
IC
31-39-2-8
Public access to records of juvenile delinquency proceedings
Sec. 8. (a) The records of the juvenile court are
available without a court order to the public, subject to the restrictions in
subsections (b) and (c), whenever a petition has been filed alleging that a
child is delinquent as the result of any of the following alleged acts or
combination of alleged acts:
(1) An act that would be murder
or a felony if committed by an adult.
(2) An aggregate of two (2)
unrelated acts that would be misdemeanors if committed by an adult if the child
was at least twelve (12) years of age when the acts were committed.
(3) An aggregate of five (5)
unrelated acts that would be misdemeanors if committed by an adult if the child
was less than twelve (12) years of age when the acts were committed.
(b) Only the following information or documents may be
released under this section:
(1) The child's name.
(2) The child's age.
(3) The nature of the offense.
(4)
Chronological case summaries.
(5) Inde
(6) Summonses.
(7) Warrants.
(8) Petitions.
(9) Orders.
(10) Motions, e
(A)
motions concerning psychological evaluations; and
(B) motions
concerning child abuse and neglect.
(11) Decrees.
(12) If the child is
adjudicated as a delinquent child for an act or combination of acts described
in subsection (a)(1), (a)(2), or (a)(3), the child's photograph.
(c) The clerk of the juvenile court shall place all
other records of the child alleged to be or adjudicated as a delinquent child
in an envelope marked "confidential" inside the court's file
pertaining to the child. Records placed in the confidential envelope may only
be released to persons who are allowed disclosure under this section or section
2, 3, 4, 5, 6, 7 or 10 of this chapter. The identifying information of any
child who is a victim or a witness shall remain confidential under this
section.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-9
Person providing services to child or child's family
Sec. 9. The juvenile court may grant any person
providing services to the child or the child's family access to the records on
the child and the child's family.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-10
Interested persons
Sec. 10. (a) Subject to section 15 of this chapter,
the juvenile court may grant any person having a legitimate interest in the
work of the court or in a particular case access to the court's legal records.
In e
(1) the alleged commission of
an act that would be murder or a felony if committed by an adult; or
(2) the alleged commission of
an act that would be part of a pattern of less serious offenses.
(b) A person having access to the records under this
section is not bound by the confidentiality provisions of IC 31-39-1 and
may disclose the contents of the records.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-11
Researchers
Sec. 11. The juvenile court shall grant any person
involved in a legitimate research activity access to the court's confidential
records if:
(1) the person
conducting the research provides written information about:
(A) the
purpose of the person's project, including any intent to publish the person's
findings;
(B) the
nature of the data the person seeks to collect and how the person intends to
analyze the data;
(C) the
records the person seeks to review; and
(D) the
safeguards the person will take to protect the identity of the persons whose
records the person will be reviewing;
(2) the proposed safeguards are
adequate to protect the identity of each person whose records the researcher
will review;
(3) the court informs the
researcher of the provisions of IC 31-39-1 and this chapter, including the
criminal liability of a person who recklessly fails to protect the records; and
(4) an agreement is e
As added by P.L.1-1997, SEC.22.
IC 31-39-2-12
Parties to criminal or juvenile delinquency proceedings
Sec. 12. (a) The juvenile court shall grant any
party to a criminal or juvenile delinquency proceeding access to a person's legal
records if the information may be used:
(1) to impeach the person as a
witness; or
(2) to discredit the person's
reputation if the person places reputation in issue.
(b) The information described in subsection (a) may
only be used in criminal or juvenile delinquency proceedings in accordance with
the law of evidence.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-13
Victim of delinquent act or victim's family; disclosure in civil action
Sec. 13. (a) The juvenile court may grant the
victim of a delinquent act, or a member of the victim's family, access to the
court's legal records if the information may be used in a civil action against:
(1) the child who committed the
act; or
(2) the child's parent.
(b) A person having access to the records under this
section may disclose the contents of the record if disclosure is necessary to
prosecute any civil action.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-14
Filing of copies of access order or agreement with researcher
Sec. 14. Whenever the juvenile court grants access
to its records, the court shall place a copy of the access order in the file of
each person to whose records the order applies. However, if the access order is
a general access order or an agreement under section 11 of this chapter (or
IC 31-6-8-1(e) before its repeal), the copy shall be placed in a general
file containing all general access orders or agreements under section 11 of
this chapter (or IC 31-6-8-1(e) before its repeal).
As added by P.L.1-1997, SEC.22.
IC 31-39-2-15
Waiver of restrictions
Sec. 15. A person who is at least eighteen (18)
years of age may waive the restrictions on access to the person's records if
the person does so in writing, stating the terms of the person's waiver.
As added by P.L.1-1997, SEC.22.
IC 31-39-3
Chapter 3. Confidentiality of Law Enforcement Records
IC 31-39-3-1
Application of chapter
Sec. 1. This chapter applies to all law enforcement
records involving allegations that a child is a delinquent child or a child in
need of services.
As added by P.L.1-1997, SEC.22.
IC 31-39-3-2
Public access to juvenile delinquency records
Sec. 2. The following information contained in
records involving allegations of delinquency that would be a crime if committed
by an adult is considered public information:
(1) The nature of the offense
allegedly committed and the circumstances immediately surrounding the alleged
offense, including the time, location, and property involved.
(2) The identity of any victim.
(3) A description of the method
of apprehension.
(4) Any instrument of physical
force used.
(5) The identity of any
officers assigned to the investigation, e
(6) The age and se
(7) The identity of a child, if
the child is apprehended or sought for the alleged commission of:
(A) an
offense over which a juvenile court does not have jurisdiction under
IC 31-30-1-2 and IC 31-30-1-4; or
(B) an
act specified under IC 31-30-3-3.
As added by P.L.1-1997, SEC.22.
IC 31-39-3-3
Public inspection of records of child's detention in secure facility
Sec. 3. Records relating to the detention
of any child in a secure facility shall be open to public inspection.
As added by P.L.1-1997, SEC.22.
IC 31-39-3-4
Confidentiality and access to law enforcement records
Sec. 4. (a) All law enforcement records e
(b) Each law enforcement agency shall take appropriate
actions to protect the records described in subsection (a) from unauthorized
disclosure.
As added by P.L.1-1997, SEC.22.
IC 31-39-4
Chapter 4. Persons Entitled to Access to Law
Enforcement Records
IC 31-39-4-1
Application of chapter
Sec. 1. This chapter applies to all law enforcement
records involving allegations that a child is a delinquent child or a child in
need of services.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-2
Law enforcement agency head or officer
Sec. 2. The records of a law enforcement agency are
available, without specific permission from the head of the agency, to a law
enforcement officer acting within the scope of the officer's lawful duties.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-3
Juvenile court judge or staff
Sec. 3. The records of a law enforcement agency are
available, without specific permission from the head of the agency, to the
judge of the juvenile court or any authorized staff member.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-4
Party or party's attorney in juvenile court proceedings
Sec. 4. (a) The records of a law enforcement agency
are available, without specific permission from the head of the agency, to any
party to a juvenile court proceeding and the party's attorney. However, a:
(1) child e
(2) person who was denied
access to a predispositional report or the records for a dispositional hearing
may be denied access to that subject matter.
(b) The party and the party's attorney may only review
the records applicable to the proceeding in which the person is a party.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-5
Presentence investigations
Sec. 5. The records of a law enforcement agency are
available, without specific permission from the head of the agency, to the
judge of a court having criminal jurisdiction or any authorized staff member if
the record is to be used in a presentence investigation in that court.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-6
Prosecuting attorney or staff
Sec. 6. The records of a law
enforcement agency are available, without specific permission from the head of
the agency, to the prosecuting attorney or any authorized member of the staff
of the prosecuting attorney.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-7
Attorney and staff of county office of family and children
Sec. 7. The records of a law enforcement agency are
available, without specific permission from the head of the agency, to the
attorney for the county office of family and children or any authorized staff
member.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-8
Interested persons
Sec. 8. (a) The head of a law enforcement agency or
that person's designee may grant any person having a legitimate interest in the
work of the agency or in a particular case access to the agency's confidential
records. In e
(1) the identity of anyone
charged with the alleged commission of any act that would be murder or a felony
if committed by an adult; and
(2) the identity of anyone
charged with the alleged commission of an act that would be part of a pattern
of less serious offenses.
(b) A person having access to records under this
section is not bound by the confidentiality provisions of IC 31-39-3 and
may disclose the contents of the records.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-9
Researchers
Sec. 9. The head of a law enforcement agency may
grant any person involved in a legitimate research activity access to the
agency's confidential records if:
(1) the person conducting the
research provides written information about:
(A) the
purpose of the person's project, including any intent to publish the person's
findings;
(B) the
nature of the data the person seeks to collect and how the person intends to
analyze the data;
(C) the
records the person seeks to review; and
(D) the
safeguards the person will take to protect the identity of the persons whose
records will be reviewed;
(2) the proposed safeguards are
adequate to protect the identity of each person whose records the researcher
will review;
(3) the agency informs the
researcher of the provisions of this section including the criminal liability
of a person who recklessly fails to protect the records; and
(4) an agreement is e
As added by P.L.1-1997, SEC.22.
IC 31-39-4-10
Party to criminal or juvenile delinquency proceedings
Sec. 10. (a) The head of the law enforcement agency
shall grant any party to a criminal or juvenile delinquency proceeding access
to a person's records if the information may be used:
(1) to impeach the person as a
witness; or
(2) to discredit the person's
reputation if the person places reputation in issue.
(b) The information may only be used in criminal or
juvenile delinquency proceedings in accordance with the law of evidence.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-11
Victim of delinquent act
Sec. 11. The victim of a delinquent act may ask a
law enforcement agency if there is probable cause to believe that a specified
child committed the act. The head of the agency shall release the child's name
to the victim if the victim requires the name to proceed with a civil action
for damages.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-12
Filing of copies of access order or agreement with researcher
Sec. 12. Whenever the head of a law enforcement
agency grants access to the agency's records, that person shall place a copy of
the access order in the file of each person to whose records the order applies.
However, if the access order is a general access order or an agreement under
section 9 of this chapter (or IC 31-6-8-1.2(d) before its repeal), the
copy shall be placed in a general file containing all general access orders or
agreements.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-13
Waiver of restrictions
Sec. 13. A person who is at least eighteen (18)
years of age may waive the restrictions on access to the person's records if
the person does so in writing, stating the terms of the waiver.
As added by P.L.1-1997, SEC.22.
IC
31-39-4-14
Limited jurisdiction and control of juvenile court over law enforcement
records
Sec. 14. A judge of a juvenile court or the judge's
employees may not e
(1)
records kept and maintained by law enforcement agencies relating to juveniles;
and
(2) the discretion granted to
heads of law enforcement agencies to release, or to grant access to, records
and information unless otherwise specifically provided in the juvenile law. Any
specific authority that is granted does not imply the e
As added by P.L.1-1997, SEC.22.
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