2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 39. JUVENILE LAW: JUVENILE RECORDS CHAPTER 4. PERSONS ENTITLED TO ACCESS TO LAW ENFORCEMENT RECORDS
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IC 31-39-4
Chapter 4. Persons Entitled to Access to Law Enforcement
Records
IC 31-39-4-1
Application of chapter
Sec. 1. This chapter applies to all law enforcement records
involving allegations that a child is a delinquent child or a child in
need 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 law
enforcement officer acting within the scope of the officer's lawful
duties.
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 judge
of 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 party
to a juvenile court proceeding and the party's attorney. However, a:
(1) child excluded from a hearing by IC 31-32-6 may be denied
access to records pertaining to that subject matter; and
(2) person who was denied access to a predispositional report
or the records for a dispositional hearing may be denied access
to that subject matter.
(b) The party and the party's attorney may only review the records
applicable 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 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 31-39-4-6
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 the
prosecuting attorney or any authorized member of the staff of the
prosecuting 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 services
and 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 any
authorized staff member; or
(2) any authorized staff member of 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.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's
designee may grant any person having a legitimate interest in the
work of the agency or in a particular case access to the agency's
confidential records. In exercising discretion, the head of a law
enforcement agency 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 identity of anyone charged with the alleged commission
of any act that would be murder or a felony if committed by an
adult; and
(2) the identity of anyone charged with the alleged commission
of an act that would be part of a pattern of less serious offenses.
(b) A person having access to records under this section is not
bound by the confidentiality provisions of IC 31-39-3 and may
disclose 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 any
person involved in a legitimate research activity access to the
agency'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 will be reviewed;
(2) the proposed safeguards are adequate to protect the identity
of each person whose records the researcher will review;
(3) the agency informs the researcher of the provisions of this
section including the criminal liability of a person who
recklessly fails to protect the records; and
(4) an agreement is executed between the agency 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 31-39-4-10
Party to criminal or juvenile delinquency proceedings
Sec. 10. (a) The head of the law enforcement agency shall grant
any party to a criminal or juvenile delinquency proceeding access to
a 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 places
reputation in issue.
(b) The information 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 31-39-4-11
Victim of delinquent act
Sec. 11. The victim of a delinquent act may ask a law enforcement
agency if there is probable cause to believe that a specified child
committed the act. The head of the agency shall release the child's
name to the victim if the victim requires the name to proceed with a
civil 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 grants
access to the agency's records, that person 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 9 of this chapter (or IC 31-6-8-1.2(d) before
its repeal), the copy shall be placed in a general file containing all
general 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 may
waive the restrictions on access to the person's records if the person
does 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 law
enforcement records
Sec. 14. A judge of a juvenile court or the judge's employees may
not exercise any jurisdiction or control over:
(1) records kept and maintained by law enforcement agencies
relating to juveniles; and
(2) the discretion granted to heads of law enforcement agencies
to release, or to grant access to, records and information unless
otherwise specifically provided in the juvenile law, including
IC 31-37-4-3 and IC 31-39-9. Any specific authority that is
granted does not imply the existence of any other jurisdiction or
control.
As added by P.L.1-1997, SEC.22. Amended by P.L.67-2007, SEC.3.
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