CHAPTER 2. PERSONS ENTITLED TO ACCESS TO JUVENILE COURT RECORDS
IC 31-39-2
Chapter 2. 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 courtexcept the following:
(1) Records involving an adult charged with a crime or criminalcontempt of court.
(2) Records involving a pregnant minor or her physicianseeking 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 whoperforms an abortion on an unemancipated minor first obtainthe 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) Index summaries.
(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 acourt 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) Except as provided in subsections (b) and (c), therecords of the juvenile court are available without a court order toany party and the party's attorney. The party and the party's attorneymay only review the records applicable to the proceeding in whichthe person is a party.
(b) A child excluded from a hearing under IC 31-32-6 may bedenied access to records pertaining to that subject matter.
(c) A person who was denied access to a predisposition report orthe records for a dispositional hearing may be denied access to thatsubject 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 acourt order to the judge of a court having criminal jurisdiction or anyauthorized 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 acourt order to the prosecuting attorney or any authorized staffmember.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-6
Records available to certain individuals and agencies
Sec. 6. The records of the juvenile court are available without acourt order to:
(1) the attorney for the department of child services; or
(2) any authorized staff member of:
(A) the county office;
(B) the department of child services;
(C) the department of correction; or
(D) the department of child services ombudsman establishedby IC 4-13-19-3.
As added by P.L.1-1997, SEC.22. Amended by P.L.145-2006,SEC.359; P.L.182-2009(ss), SEC.384.
IC 31-39-2-6.5
Release of court records
Sec. 6.5. A juvenile court may release court records to an entitylisted in IC 31-39-9-1 without a court order.
As added by P.L.67-2007, SEC.4.
IC 31-39-2-7
Parents
Sec. 7. The records of the juvenile court are available without acourt order to the parents of a child whenever the custody or supportof that child is in issue in an action initiated under IC 31-15 orIC 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 withouta court order to the public, subject to the restrictions in subsections(b) and (c), whenever a petition has been filed alleging that a childis delinquent as the result of any of the following alleged acts orcombination of alleged acts:
(1) An act that would be murder or a felony if committed by anadult.
(2) An aggregate of two (2) unrelated acts that would bemisdemeanors if committed by an adult if the child was at leasttwelve (12) years of age when the acts were committed. (3) An aggregate of five (5) unrelated acts that would bemisdemeanors if committed by an adult if the child was lessthan twelve (12) years of age when the acts were committed.
(b) Only the following information or documents may be releasedunder this section:
(1) The child's name.
(2) The child's age.
(3) The nature of the offense.
(4) Chronological case summaries.
(5) Index entries.
(6) Summonses.
(7) Warrants.
(8) Petitions.
(9) Orders.
(10) Motions, excluding:
(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 actor 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 ofthe child alleged to be or adjudicated as a delinquent child in anenvelope marked "confidential" inside the court's file pertaining tothe child. Records placed in the confidential envelope may only bereleased to persons who are allowed disclosure under this section orsection 2, 3, 4, 5, 6, 7 or 10 of this chapter. The identifyinginformation of any child who is a victim or a witness shall remainconfidential 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 providingservices to the child or the child's family access to the records on thechild 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 juvenilecourt may grant any person having a legitimate interest in the workof the court or in a particular case access to the court's legal records.In exercising its discretion, the court shall consider that the bestinterests of the safety and welfare of the community are generallyserved by the public's ability to obtain information about:
(1) the alleged commission of an act that would be murder or afelony if committed by an adult; or
(2) the alleged commission of an act that would be part of apattern of less serious offenses. (b) A person having access to the records under this section is notbound by the confidentiality provisions of IC 31-39-1 and maydisclose 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 alegitimate research activity access to the court's confidential recordsif:
(1) the person conducting the research provides writteninformation about:
(A) the purpose of the person's project, including any intentto publish the person's findings;
(B) the nature of the data the person seeks to collect and howthe 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 identityof the persons whose records the person will be reviewing;
(2) the proposed safeguards are adequate to protect the identityof each person whose records the researcher will review;
(3) the court informs the researcher of the provisions ofIC 31-39-1 and this chapter, including the criminal liability ofa person who recklessly fails to protect the records; and
(4) an agreement is executed between the court and the personresponsible for the research that specifies the terms of theresearcher's use of the records.
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 criminalor juvenile delinquency proceeding access to a person's legal recordsif the information may be used:
(1) to impeach the person as a witness; or
(2) to discredit the person's reputation if the person placesreputation in issue.
(b) The information described in subsection (a) may only be usedin criminal or juvenile delinquency proceedings in accordance withthe 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 civilaction
Sec. 13. (a) The juvenile court may grant the victim of adelinquent act, or a member of the victim's family, access to thecourt's legal records if the information may be used in a civil actionagainst:
(1) the child who committed the act; or (2) the child's parent.
(b) A person having access to the records under this section maydisclose the contents of the record if disclosure is necessary toprosecute any civil action.
As added by P.L.1-1997, SEC.22.
IC 31-39-2-13.5
Juvenile court records available to certain persons to determineappropriateness of certain out-of-home placements
Sec. 13.5. The records of the juvenile court are available withouta court order to an employee of the department of child services, acaseworker, or a juvenile probation officer conducting a criminalhistory check (as defined in IC 31-9-2-22.5) under IC 31-26-5-3,IC 31-34, or IC 31-37 to determine the appropriateness of anout-of-home placement for a:
(1) child at imminent risk of placement;
(2) child in need of services; or
(3) delinquent child.
As added by P.L.70-2004, SEC.29. Amended by P.L.234-2005,SEC.189; P.L.145-2006, SEC.360.
IC 31-39-2-13.8
School's access to juvenile court records; notice; confidentiality
Sec. 13.8. (a) The juvenile court may grant a school access to allor a portion of the juvenile court records of a child who is a studentat the school if:
(1) the superintendent, or the superintendent's designee;
(2) the chief administrative officer of a nonpublic school, or thechief administrative officer's designee; or
(3) the individual with administrative control within a charterschool, or the individual's designee;
submits a written request that meets the requirements of subsection(b).
(b) A written request must establish that the juvenile court recordsdescribed in subsection (a) are necessary for the school to:
(1) serve the educational needs of the child whose records arebeing released; or
(2) protect the safety or health of a student, an employee, or avolunteer at the school.
(c) A juvenile court that releases juvenile court records under thissection shall provide notice to the child and to the child's parent,guardian, or custodian that the child's juvenile records have beendisclosed to the school.
(d) A juvenile court that releases juvenile court records under thissection shall issue an order requiring the school to keep the juvenilecourt records confidential. A confidentiality order issued under thissubsection does not prohibit a school that receives juvenile courtrecords from forwarding the juvenile records to:
(1) another school;
(2) a person if a parent, guardian, or custodian of the child
consents to the release of the juvenile court records to theperson; or
(3) an entity listed in IC 31-39-9-1.
A school or a person that receives juvenile court records under thissubsection must keep the juvenile court records confidential.
As added by P.L.85-2004, SEC.51. Amended by P.L.67-2007, SEC.5.
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 eachperson to whose records the order applies. However, if the accessorder is a general access order or an agreement under section 11 ofthis chapter (or IC 31-6-8-1(e) before its repeal), the copy shall beplaced in a general file containing all general access orders oragreements under section 11 of this chapter (or IC 31-6-8-1(e) beforeits 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 maywaive the restrictions on access to the person's records if the persondoes so in writing, stating the terms of the person's waiver.
As added by P.L.1-1997, SEC.22.