2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 39. JUVENILE LAW: JUVENILE RECORDS CHAPTER 2. PERSONS ENTITLED TO ACCESS TO JUVENILE COURT RECORDS
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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 court
except the following:
(1) Records involving an adult charged with a crime or criminal
contempt of court.
(2) Records involving a pregnant minor or her physician
seeking 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 who
performs an abortion on an unemancipated minor first obtain
the 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 a
court 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), the
records of the juvenile court are available without a court order to
any party and the party's attorney. The party and the party's attorney
may only review the records applicable to the proceeding in which
the person is a party.
(b) A child excluded from a hearing under IC 31-32-6 may be
denied access to records pertaining to that subject matter.
(c) A person who was denied access to a predisposition report or
the records for a dispositional hearing may be denied access to that
subject 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 a
court order to the judge of a court having criminal jurisdiction or any
authorized 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 a
court order to the prosecuting attorney or any authorized staff
member.
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 a
court order to:
(1) the attorney for the department of child services; or
(2) any authorized staff member of:
(A) the local office;
(B) the department of child services;
(C) the department of correction; or
(D) the department of child services ombudsman established
by 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; P.L.128-2012, SEC.176.
IC 31-39-2-6.5
Release of court records
Sec. 6.5. A juvenile court may release court records to an entity
listed 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 a
court order to the parents of a child whenever the custody or support
of that child is in issue in an action initiated under IC 31-15 or
IC 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 without
a court order to the public, subject to the restrictions in subsections
(b) and (c), whenever a petition has been filed alleging that a child
is delinquent as the result of any of the following alleged acts or
combination of alleged acts:
(1) An act that would be murder or a felony if committed by an
adult.
(2) 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.
(3) An aggregate of five (5) unrelated acts that would be
misdemeanors if committed by an adult if the child was less
than twelve (12) years of age when the acts were committed.
(b) Only the following information or documents may be released
under 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 act
or 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 of
the child alleged to be or adjudicated as a delinquent child in an
envelope marked "confidential" inside the court's file pertaining to
the child. Records placed in the confidential envelope may only be
released to persons who are allowed disclosure under this section or
section 2, 3, 4, 5, 6, 7 or 10 of this chapter. The identifying
information of any child who is a victim or a witness shall remain
confidential 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 providing
services to the child or the child's family access to the records on the
child 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 juvenile
court may grant any person having a legitimate interest in the work
of the court or in a particular case access to the court's legal records.
In exercising its discretion, the court shall consider that the best
interests of the safety and welfare of the community are generally
served by the public's ability to obtain information about:
(1) the alleged commission of an act that would be murder or a
felony if committed by an adult; or
(2) the alleged commission of an act that would be part of a
pattern of less serious offenses.
(b) A person having access to the records under this section is not
bound by the confidentiality provisions of IC 31-39-1 and may
disclose 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 a
legitimate research activity access to the court's confidential records
if:
(1) the person conducting the research provides written
information about:
(A) the purpose of the person's project, including any intent
to publish the person's findings;
(B) the nature of the data the person seeks to collect and how
the 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 identity
of the persons whose records the person will be reviewing;
(2) the proposed safeguards are adequate to protect the identity
of each person whose records the researcher will review;
(3) the court informs the researcher of the provisions of
IC 31-39-1 and this chapter, including the criminal liability of
a person who recklessly fails to protect the records; and
(4) an agreement is executed between the court and the person
responsible for the research that specifies the terms of the
researcher'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 criminal
or juvenile delinquency proceeding access to a person's legal 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 places
reputation in issue.
(b) The information described in subsection (a) may only be used
in criminal or juvenile delinquency proceedings in accordance with
the 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 civil
action
Sec. 13. (a) The juvenile court may grant the victim of a
delinquent act, or a member of the victim's family, access to the
court's legal records if the information may be used in a civil action
against:
(1) the child who committed the act; or
(2) the child's parent.
(b) A person having access to the records under this section may
disclose the contents of the record if disclosure is necessary to
prosecute 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 determine
appropriateness of certain out-of-home placements
Sec. 13.5. The records of the juvenile court are available without
a court order to an employee of the department of child services, a
caseworker, or a juvenile probation officer conducting a criminal
history 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 an
out-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 all
or a portion of the juvenile court records of a child who is a student
at the school if:
(1) the superintendent, or the superintendent's designee;
(2) the chief administrative officer of a nonpublic school, or the
chief administrative officer's designee; or
(3) the individual with administrative control within a charter
school, 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 records
described in subsection (a) are necessary for the school to:
(1) serve the educational needs of the child whose records are
being released; or
(2) protect the safety or health of a student, an employee, or a
volunteer at the school.
(c) A juvenile court that releases juvenile court records under this
section shall provide notice to the child and to the child's parent,
guardian, or custodian that the child's juvenile records have been
disclosed to the school.
(d) A juvenile court that releases juvenile court records under this
section shall issue an order requiring the school to keep the juvenile
court records confidential. A confidentiality order issued under this
subsection does not prohibit a school that receives juvenile court
records 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 the
person; or
(3) an entity listed in IC 31-39-9-1.
A school or a person that receives juvenile court records under this
subsection 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 each
person to whose records the order applies. However, if the access
order is a general access order or an agreement under section 11 of
this chapter (or IC 31-6-8-1(e) before its repeal), the copy shall be
placed in a general file containing all general access orders or
agreements under section 11 of this chapter (or IC 31-6-8-1(e) before
its 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 may
waive the restrictions on access to the person's records if the person
does so in writing, stating the terms of the person's waiver.
As added by P.L.1-1997, SEC.22.
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