CHAPTER 4. JUVENILE HISTORY INFORMATION
IC 10-13-4
Chapter 4. Juvenile History Information
IC 10-13-4-1
"Council"
Sec. 1. As used in this chapter, "council" refers to the security andprivacy council established by IC 10-13-3-34.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-2
"Criminal justice agency"
Sec. 2. As used in this chapter, "criminal justice agency" has themeaning set forth in IC 10-13-3-6.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-3
"Inspection"
Sec. 3. As used in this chapter, "inspection" means visual perusaland includes the right to make memoranda abstracts of juvenilehistory data.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-4
"Juvenile history data"
Sec. 4. As used in this chapter, "juvenile history data" meansinformation collected by criminal or juvenile justice agencies orindividuals about a child who is alleged to have committed areportable act and consists of the following:
(1) Descriptions and notations of events leading to the taking ofthe child into custody by a juvenile justice agency for areportable act allegedly committed by the child.
(2) A petition alleging that the child is a delinquent child.
(3) Dispositional decrees concerning the child that are enteredunder IC 31-37-19 (or IC 31-6-4-15.9 before its repeal).
(4) The findings of a court determined after a hearing is heldunder IC 31-37-20-2 or IC 31-37-20-3 (or IC 31-6-4-19(h) orIC 31-6-4-19(i) before their repeal) concerning the child.
(5) Information:
(A) regarding a child who has been adjudicated a delinquentchild for committing an act that would be an offensedescribed in IC 11-8-8-5 if committed by an adult; and
(B) that is obtained through sex or violent offenderregistration under IC 11-8-8.
As added by P.L.2-2003, SEC.4. Amended by P.L.140-2006, SEC.7and P.L.173-2006, SEC.7; P.L.216-2007, SEC.7.
IC 10-13-4-5
"Juvenile justice agency"
Sec. 5. As used in this chapter, "juvenile justice agency" means anagency or department of any level of government, the functions of
which include juvenile justice activities included under IC 5-2-6-1.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-6
"Petition"
Sec. 6. As used in this chapter, "petition" means a petition filedunder IC 31-37-10 (or IC 31-6-4-9 before its repeal) alleging that achild is a delinquent child.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-7
"Release"
Sec. 7. As used in this chapter, "release" means furnishing a copyor edited copy of juvenile history data.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-8
"Reportable act"
Sec. 8. As used in this chapter, "reportable act" means adelinquent act that would be a felony if committed by an adult.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-9
Official state central repository; duty to report delinquent acts todepartment
Sec. 9. (a) The department shall act as the official state centralrepository for juvenile history data.
(b) Juvenile justice agencies shall report to the department, onforms provided by the department, each incident in which a child istaken into custody for a reportable act allegedly committed by thechild.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-10
Duty to furnish dispositional report to department
Sec. 10. (a) If a child for whom a report is required to besubmitted under section 9 of this chapter is:
(1) transferred to the custody of another juvenile justice agency;or
(2) released without having a petition filed with any court;
a disposition report shall be furnished to the department by theagency from which custody of the child has been transferred orreleased. Disposition reports must be made on forms provided by thedepartment.
(b) If a petition is filed in any court, the clerk of the court shallfurnish to the department, on forms provided by the department, areport of the dispositional decree of the case entered underIC 31-37-19-5 (or IC 31-6-4-15.9 before its repeal).
(c) A report required under section 9 of this chapter or thissection, whether by a juvenile justice agency or a court clerk, shall
be sent to the department within thirty (30) days after the actionnecessitating the report occurs.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-11
Juvenile history data
Sec. 11. (a) A criminal or juvenile justice agency may:
(1) provide juvenile history data to; or
(2) receive juvenile history data from;
another criminal or juvenile justice agency.
(b) The department shall provide juvenile history data to anycriminal or juvenile justice agency asking for it if the councildetermines that the agency has complied with this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-12
Release of juvenile history data
Sec. 12. (a) Except as otherwise provided, any criminal orjuvenile justice agency that maintains juvenile history data shall,upon request and proper identification of the person about whomjuvenile history data is maintained, provide:
(1) that person; or
(2) the person's parent, guardian, or custodian if the person isless than eighteen (18) years of age;
with a copy of the person's juvenile history data for a reasonable fee.
(b) A person or the person's parent, guardian, or custodian, if theperson is less than eighteen (18) years of age, may challenge theaccuracy of information about the person filed with the departmentas juvenile history data.
(c) The department may not release or allow inspection ofjuvenile history data to any person or agency that is not authorizedunder this chapter to receive it.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-13
Sealing juvenile history data
Sec. 13. (a) When a person who is the subject of juvenile historydata on file with the department becomes twenty-two (22) years ofage, the department shall seal that person's juvenile history data.However, this subsection does not apply if, after the departmentreceives juvenile history data about a person, the person is arrestedfor a felony required to be reported to the department underIC 10-13-3.
(b) Except as provided under subsection (c), the department maynot release to or allow inspection of sealed juvenile history data byany agency or person other than the person who is the subject of thejuvenile history data.
(c) A court may not order the release or inspection of sealedjuvenile history data unless the person who is the subject of thesealed juvenile history data challenges its existence during a court
proceeding.
As added by P.L.2-2003, SEC.4.
IC 10-13-4-14
Rules; challenges to accuracy of information
Sec. 14. (a) The council shall adopt rules under IC 4-22-2 to dothe following:
(1) Assure the completeness and accuracy of juvenile historydata.
(2) Protect information from loss, alteration, destruction, orimproper direct access to the information files.
(3) Prevent unreasonable interference with the regular dischargeof the duties of employees of law enforcement agencies.
(4) Carry out this chapter.
(b) If a person makes a challenge under section 12(b) of thischapter, the department shall:
(1) make the changes requested, if the department determinesthe data is in error; or
(2) conduct a hearing under IC 4-21.5, if requested by theperson making the challenge.
(c) The rules adopted under this chapter must provide forinspection and release of juvenile history data in a reasonable andtimely manner.
As added by P.L.2-2003, SEC.4.