IC 31-39-4
    Chapter 4. Persons Entitled to Access to Law EnforcementRecords

IC 31-39-4-1
Application of chapter
    Sec. 1. This chapter applies to all law enforcement recordsinvolving allegations that a child is a delinquent child or a child inneed 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 lawenforcement officer acting within the scope of the officer's lawfulduties.
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 judgeof 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 partyto a juvenile court proceeding and the party's attorney. However, a:
        (1) child excluded from a hearing by IC 31-32-6 may be deniedaccess to records pertaining to that subject matter; and
        (2) person who was denied access to a predispositional reportor the records for a dispositional hearing may be denied accessto that subject matter.
    (b) The party and the party's attorney may only review the recordsapplicable 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 judgeof a court having criminal jurisdiction or any authorized staffmember if the record is to be used in a presentence investigation inthat 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 theprosecuting attorney or any authorized member of the staff of theprosecuting attorney.
As added by P.L.1-1997, SEC.22.

IC 31-39-4-7
Access to records by certain staff of department of child servicesand department of child services ombudsman
    Sec. 7. The records of a law enforcement agency are available,without specific permission from the head of the agency, to:
        (1) the attorney for the department of child services or anyauthorized staff member; or
        (2) any authorized staff member of the department of childservices ombudsman established by IC 4-13-19-3.
As added by P.L.1-1997, SEC.22. Amended by P.L.145-2006,SEC.361; P.L.182-2009(ss), SEC.385.

IC 31-39-4-8
Interested persons
    Sec. 8. (a) The head of a law enforcement agency or that person'sdesignee may grant any person having a legitimate interest in thework of the agency or in a particular case access to the agency'sconfidential records. In exercising discretion, the head of a lawenforcement agency shall consider that the best interests of the safetyand welfare of the community are generally served by the public'sability to obtain information about:
        (1) the identity of anyone charged with the alleged commissionof any act that would be murder or a felony if committed by anadult; and
        (2) the identity of anyone charged with the alleged commissionof an act that would be part of a pattern of less serious offenses.
    (b) A person having access to records under this section is notbound by the confidentiality provisions of IC 31-39-3 and maydisclose 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 anyperson involved in a legitimate research activity access to theagency's confidential records if:
        (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 will be reviewed;
        (2) the proposed safeguards are adequate to protect the identityof each person whose records the researcher will review;
        (3) the agency informs the researcher of the provisions of thissection including the criminal liability of a person whorecklessly fails to protect the records; and
        (4) an agreement is executed between the agency 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 31-39-4-10
Party to criminal or juvenile delinquency proceedings
    Sec. 10. (a) The head of the law enforcement agency shall grantany party to a criminal or juvenile delinquency proceeding access toa 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 placesreputation in issue.
    (b) The information may only be used in criminal or juveniledelinquency 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 enforcementagency if there is probable cause to believe that a specified childcommitted the act. The head of the agency shall release the child'sname to the victim if the victim requires the name to proceed with acivil 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 grantsaccess to the agency's records, that person shall place a copy of theaccess order in the file of each person to whose records the orderapplies. However, if the access order is a general access order or anagreement under section 9 of this chapter (or IC 31-6-8-1.2(d) beforeits repeal), the copy shall be placed in a general file containing allgeneral 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 maywaive the restrictions on access to the person's records if the persondoes 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 lawenforcement records
    Sec. 14. A judge of a juvenile court or the judge's employees maynot exercise any jurisdiction or control over:
        (1) records kept and maintained by law enforcement agenciesrelating to juveniles; and
        (2) the discretion granted to heads of law enforcement agenciesto release, or to grant access to, records and information unlessotherwise specifically provided in the juvenile law, includingIC 31-37-4-3 and IC 31-39-9. Any specific authority that isgranted does not imply the existence of any other jurisdiction orcontrol.
As added by P.L.1-1997, SEC.22. Amended by P.L.67-2007, SEC.3.