STATE Of INDIANA

IN THE HOWARD CIRCUIT COURT

COUNTY OF HOWARD    

JUVENILE DIVISION

 

2005 TERM

                                     

                                                                            

ORDER AUTHORIZING THE RELEASE AND EXCHANGE OF

INFORMATION BETWEEN SCHOOL DISTRICTS, LAW ENFORCEMENT,

YOUTH SERVICE PROVIDERS, CHILD PROTECTION SERVICES AND

PROBATION DEPARTMENT OF HOWARD COUNTY

 

 

 

            Whereas, the Howard Circuit Court is committed to a strategy of prevention,

 

 intervention and control in regard to juvenile delinquent activity, and the Court finding

 

reducing serious, violent, and chronic juvenile delinquency requires a multifaceted,

 

coordinated approach, and further finding that prevention is the most cost-effective

 

approach to reducing delinquency and crime, the Court finds that the juvenile justice

 

system must integrate with local law enforcement, social service agencies, and mental

 

health providers, the school systems, religious institutions, and families to provide a

 

comprehensive program of prevention and intervention.

 

            In furtherance of this strategy, the Court finds that it is the best interest of all

 

citizens of Howard County that certain information and juvenile records concerning

 

juveniles under the jurisdiction of the Court be shared among those entities and agencies,

 

 who are in a position to provide and assist in the prevention of juvenile delinquency

 

behaviors.  Pursuant to the authority vested in the Court by Indiana Code 31-39-2-9 

 

allowing and permitting interagency exchange regarding juveniles under the

 

jurisdiction of this Court, by Indiana Code 31-39-2-13.8 specifically authorizing the

 

access of juvenile court records  with schools, and by Indiana Code 20-33-7-3 allowing

 

the disclosure and reporting of education records to state and local juvenile justice


agencies,  and by the execution of an interagency agreement among various local youth

 

service providers,:

 

            IT IS HEREBY ORDERED that the juvenile records and any other information

 

that may be in the possession of school districts, law enforcement, prosecutors,

 

coordinating agencies, child protection services and probation services regarding minors

 

may be released for the sharing of information for Serious Habitual Offenders

 

Comprehensive Action Program (SHOCAP) and School Administrators For Effective

 

Public Operations Leading to Improved Children and Youth Services (SAFEPOLICY)

 

purposes only, after being marked CONFIDENTIAL and directed to the appropriate

 

individual or agency, to the following persons who have legitimate and official interest

 

in the information:

 

1.      Howard County Prosecutor’s Office;

 

2.      Kokomo Police Department;

 

3.      Howard County Sheriff’s Department;

 

4.      Kokomo Center Schools;

 

5.      Eastern Howard Schools;

 

6.      Taylor School Corporation;

 

7.      Northwestern School Corporation;

 

8.      Western School Corporation;

 

9.      Howard County Juvenile Probation;

 

10. Howard County Department of Children Services;

 

11. Robert J. Kinsey Youth Center;

 

12. Howard County Child Protective Services;

 

13. Howard County Health Department

 

14. Howard County Coroner

 

15. All corrections departments;

 

16. Youth detention facilities;

 

17. Authorized Juvenile Court Personal;

 

18. All treatment or placement programs that require the information or

placement, treatment or rehabilitation or the minor;

 

19. All multidisciplinary teams for abuse, neglect or delinquency;

 

20. Howard County CASA Program.

 

All information received by authorized recipients listed above may be further

 

disseminated only to other authorized recipients without further order of this Court. 

 

Each office or agency is requested to designate a specific person or persons for the

 

dissemination and release of information.  A list of contact persons for SHOCAP and

 

SAFEPOLICY should be prepared and disseminated through SHOCAP and

 

SAFEPOLICY meetings.  This list should be updated as necessary to safeguard

 

the dissemination of information through individuals so designated.

 

            IT IS FURTHER ORDERED that the release of information to the public or

 

media shall be as follows: whenever a petition has been filed alleging that a child is a

 

delinquent as a result of any of the following alleged acts or combination or alleged acts:

 

(A) An act that would be murder or a felony if committed by an adult;

 

(B)   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;

 

(C) An aggregate of five (5) unrelated acts that would be misdemeanors if

 

committed by an adult, if the child was less that twelve (12) years of age

 

when the acts were committed.

 

            However, only the child’s name, age, the nature of the offense, chronological

 

case summaries, index entries, summonses, warrants, petitions, orders, motions

 

(excluding motions concerning psychological evaluations and motions concerning

 

child abuse and neglect) and decrees may be released.  In addition, if the child is

 

adjudicated as a delinquent child for an act or combination of acts described in clause

 

(A), (B), or (C) above, the child’s photograph may be released.

 

            The records of the juvenile court shall be available to persons as provided in

 

Indiana Code 31-39-2-5, 31-39-2-6, 31-39-2-7, 31-39-2-8, 31-39-2-9, 31-39-2-10,

 

31-39-2-11, 31-39-2-12, 31-39-2-13, 31-39-2-13.5, and 31-39-2-13.8.  In particular, any

 

person providing services to the child or the child’s family shall have access to the

 

records on the child and the child’s family.

 

            Further, the following information contained in law enforcement records

 

involving allegations that a child is a delinquent child which would be a crime if

 

committed by an adult shall be available to the public or media:

 

(A) the nature of the offense allegedly committed and circumstances

 

immediately surrounding it, including the time, location and property

 

involved;

           

(B)   the identity of the victim;

 

(C) the description of the method of apprehension;

 

(D) any instrument of physical force used;

 

(E)    the identity of any officers assigned to the investigation except for the

 

undercover units;

 

(F)   the age and sex of any child apprehended or sought for the alleged

 

commission of the offense;

 

(G)any other information as permitted by Indiana Code 31-39-3 et seq. and 

 

31-39-4 et seq.

 

            This ORDER supersedes the previous order of this Court concerning the release

 

of information dated October 3, 1996.

 

SO ENTERED THIS 13TH DAY OF OCTOBER, 2005.

 

 

 

                                                                        _______________________________

                                                                        LYNN MURRAY, JUDGE

                                                                        HOWARD CIRCUIT COURT

 

 

 

 

 

 

SHOCAP Program Description

 

SHOCAP Tracker

 

SHOCAP Program Historical Summary

 

Memorandum of Commitment

 

Court Order Authorizing Information Exchange

 

SHOCAP Committees

 

Computer Network

 

What is a SHOCAP

 

What is a NearSHO

 

SAFEPOLICY

 

Agency Responsibilities

 

SHOCAP Profile

 

Information Sharing Statutes

 

 

 

SAFEPOLICY Program Description

 

SAFEPOLICY Program Historical Summary

 

Memorandum of Commitment

 

Howard Circuit Court Order Authorizing Information Exchange

 

SAFEPOLICY Committees

 

Computer Network

 

What is an At-Risk Youth

 

What is the Early Intervention Team

 

Agency Responsibilities

 

 

Information Sharing Statutes