2019 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 28 - Placement or Detention
Subchapter 2 - Youth Services
§ 9-28-217. Juvenile Records Confidentiality

(a) Except as provided in subsection (c) of this section, reports, correspondence, memoranda, case histories, or other material that personally identifies a juvenile, including protected health information, compiled or received by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law:

• (1) The juvenile;

• (2) The juvenile's parent, guardian, or custodian;

• (3) The juvenile division of circuit court and court staff;

• (4) The ombudsman of youth committed to the Division of Youth Services;

• (5) The attorney for the juvenile;

• (6) The attorney ad litem for the juvenile;

• (7) A grand jury or a court upon a finding that information in the juvenile's record is necessary for the determination of an issue before the court or the grand jury;

• (8)

  • (A) Individual federal and state representatives and senators and their staff members in their official capacity.

  • (B) However, no disclosure shall be made to any committee or legislative body of any information that identifies any recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian agree in writing to waive confidentiality and permit disclosure to the committee or legislative body;

• (9) Law enforcement or the prosecuting attorney;

• (10) Service providers, including healthcare providers, to assist in the care, evaluation, examination, or treatment of the juvenile;

• (11) A governmental agency for an audit or similar activity conducted in connection with the administration of any plan or program if the governmental agency is authorized by law to conduct the audit or activity;

• (12) A court-appointed special advocate upon presentation of an order of appointment;

• (13) A federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need;

• (14) A federal, state, or local government entity or any agent of the entity having a need for the information in order to carry out its responsibilities under law to serve or protect a juvenile delinquent or a juvenile who is a member of a family in need of services;

• (15) Any licensing or registering authority may access to the extent necessary to carry out its official responsibilities;

• (16) A multidisciplinary team coordinating a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., pertaining to the juvenile;

• (17) The general public about any juvenile fatality if the death occurred when the Division of Youth Services, a detention center, or a community-based provider had responsibility for placement and care of the juvenile; and

• (18)

  • (A) A person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Youth Services to have value for the evaluation or development of policies to advance juvenile justice.

  • (B) Any confidential information provided by the Department of Human Services for a research or evaluation project in subdivision (a)(18)(A) of this section shall not be redisclosed or published.

(b)

• (1) Any person or agency to whom disclosure is made shall not disclose to any other person not identified in subsection (a) of this section a report or other information obtained pursuant to this section.

• (2) Nothing in this subsection shall be construed to prevent subsequent disclosure by the parent, guardian or custodian, the juvenile, or the juvenile's attorney.

• (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

(c) No information pertaining to a juvenile shall be released by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services after the juvenile reaches eighteen (18) years of age unless:

• (1) The juvenile remains in the custody of the Division of Youth Services;

• (2) The juvenile consents; or

• (3) An order requiring release of the information is entered by a court or a grand jury.