2015 Kentucky Revised Statutes
CHAPTER 610 - PROCEDURAL MATTERS
610.340 Confidentiality of juvenile court records.

Download as PDF 610.340 Confidentiality of juvenile court records. (1) (2) (3) (4) (5) (6) (a) Unless a specific provision of KRS Chapters 600 to 645 specifies otherwise, all juvenile court records of any nature generated pursuant to KRS Chapters 600 to 645 by any agency or instrumentality, public or private, shall be deemed to be confidential and shall not be disclosed except to the child, parent, victims, or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070 unless ordered by the court for good cause. (b) Juvenile court records which contain information pertaining to arrests, petitions, adjudications, and dispositions of a child may be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070. (c) Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Any records resulting from the child's prior abuse and neglect under Title IV-E or Title IVB of the Federal Social Security Act shall not be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070. (d) Victim access under this subsection to juvenile court records shall include access to records of adjudications that occurred prior to July 15, 1998. The provisions of this section shall not apply to public officers or employees engaged in the investigation of and in the prosecution of cases under KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained pursuant to this subsection shall be used for official use only, shall not be disclosed publicly, and shall be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884. The provisions of this section shall not apply to any peace officer, as defined in KRS 446.010, who is engaged in the investigation or prosecution of cases under KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained pursuant to this subsection shall be used for official use only, shall not be disclosed publicly, and shall be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884. The provisions of this section shall not apply to employees of the Department of Juvenile Justice or cabinet or its designees responsible for any services under KRS Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised Statutes. The provisions of this section shall not apply to records disclosed pursuant to KRS 610.320 or to public or private elementary and secondary school administrative, transportation, and counseling personnel, to any teacher or school employee with whom the student may come in contact, or to persons entitled to have juvenile records under KRS 610.345, if the possession and use of the records is in compliance with the provisions of KRS 610.345 and this section. No person, including school personnel, shall disclose any confidential record or any information contained therein except as permitted by this section or other specific section of KRS Chapters 600 to 645, or except as permitted by specific order of the court. (7) No person, including school personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain confidential records to which he is not entitled or for purposes for which he is not permitted to obtain them pursuant to KRS Chapters 600 to 645. (8) No person, including school personnel, not authorized to obtain records pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain records which are made confidential pursuant to KRS Chapters 600 to 645 except upon proper motion to a court of competent jurisdiction. (9) No person shall destroy or attempt to destroy any record required to be kept pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to KRS Chapters 600 to 645 and is authorized by the court upon proper motion and good cause for the destruction being shown. (10) As used in this section the term "KRS Chapters 600 to 645" includes any administrative regulations which are lawfully promulgated pursuant to KRS Chapters 600 to 645. (11) Nothing in this section shall be construed to prohibit a crime victim from speaking publicly after the adjudication about his or her case on matters within his or her knowledge or on matters disclosed to the victim during any aspect of a juvenile court proceeding. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 124, sec. 6, effective June 25, 2013. -- Amended 2011 Ky. Acts ch. 2, sec. 105, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 69, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 493, sec. 16, effective April 10, 1998; and ch. 606, sec. 23, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 38, effective July 1, 1996 and July 15, 1997. -- Created 1986 Ky. Acts ch. 423, sec. 53, effective July 1, 1987. Legislative Research Commission Note (7/12/2006). This statute, as amended by 2006 Ky. Acts ch. 182, sec. 69, contained an internal reference in subsection (3) to "KRS 446.010(24)." Under KRS 7.136(1)(e), this reference has been changed in codification to "KRS 446.010(25)" by the Reviser of Statutes to reflect the insertion of a new subsection (24) in KRS 446.010 and the resulting renumbering of succeeding subsections in 2006 Ky. Acts ch. 149, sec. 237.