General Assembly: 86 (2015 Regular GA) - Chapter 58 - Juvenile court records — confidentiality


Published: 2015-04-24

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CHAPTER 58 JUVENILE COURT RECORDS — CONFIDENTIALITY

S.F. 292

AN ACT relating to the confidentiality of certain juvenile court records.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 232.147, subsections 1, 2, 3, and 8, Code 2015, are amended to read as follows: 1. Juvenile court social records shall be confidential. They shall not be inspected and their

contents shall not be disclosed except as provided in this section or as authorized by other provisions in this chapter. 2. Official juvenile court records in cases alleging delinquency, including complaints under

section 232.28, shall be public records, subject to the following restrictions: a. Records containing a dismissal of a complaint or an informal adjustment of a complaint

when no petition is filed relating to the complaint, shall not be available to the public and may only be inspected by or disclosed to the following: (1) The judge and professional court staff, including juvenile court officers. (2) The child’s counsel or guardian ad litem. (3) The county attorney and county attorney’s assistants. (4) The superintendent or the superintendent’s designee of the school district for the school

attended by the child or the authorities in charge of an accredited nonpublic school attended by the child. (5) A member of the armed forces of the United States who is conducting a background

investigation of an individual pursuant to federal law. (6) The statistical analysis center for the purposes stated in section 216A.136. (7) The state public defender. a. b. Official juvenile court records containing a petition or complaint alleging delinquency

filed prior to January 1, 2007, shall be public records subject to a confidentiality order under section 232.149A or sealing under section 232.150. b. c. Official juvenile court records containing a petition or complaint alleging delinquency

filed on or after January 1, 2007, shall be public records subject to a confidentiality order under section 232.149A or sealing under section 232.150. The official records shall not be available to the public or any governmental agency through the internet or in an electronic customized data report unless the child has been adjudicated delinquent. However, the following shall have access to official juvenile court records through the internet or in an electronic customized data report prior to the child being adjudicated delinquent: (1) The judge and professional court staff, including juvenile court officers. (2) The child’s counsel or guardian ad litem. (3) The county attorney and the county attorney’s assistants. (4) A court, court professional staff, and adult probation officers in connection with the

preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding. (5) A state or local law enforcement agency. (6) The state public defender. (7) The division of criminal and juvenile justice planning of the department of human

rights. c. d. If the court has excluded the public from a hearing under division II of this chapter,

the transcript of the proceedings shall not be deemed a public record and inspection and disclosure of the contents of the transcript shall not be permitted except pursuant to court order or unless otherwise provided in this chapter. d. e. Complaints under section 232.28 shall be released in accordance with section 915.25.

Other official juvenile court records may be released under this section by a juvenile court officer.

CH. 58 2

3. Official juvenile court records in all cases except those alleging delinquency shall be confidential and are not public records but may be inspected and their contents shall be disclosed to the following without court order: a. The judge and professional court staff, including juvenile court officers. b. The child and the child’s counsel. c. The child’s parent, guardian or custodian, court appointed special advocate, and

guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child’s case. d. The county attorney and the county attorney’s assistants. e. An agency, association, facility or institution which has custody of the child, or is legally

responsible for the care, treatment or supervision of the child. f. A court, court professional staff, and adult probation officers in connection with the

preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding. g. The child’s foster parent or an individual providing preadoptive care to the child. h. The state public defender. 8. All Subject to restrictions imposed by sections 232.48, subsection 4, and 232.97,

subsection 3, all juvenile court records shall be made available for inspection and their contents shall be disclosed to any party to the case and the party’s counsel and to any trial or appellate court in connection with an appeal pursuant to division VI of this chapter.

Sec. 2. Section 232.149, Code 2015, is amended by adding the following new subsection: NEW SUBSECTION. 2A. Records and files of a criminal or juvenile justice agency

concerning a defendant transferred under section 803.6 to the juvenile court for the alleged commission of a public offense are public records, except that release of criminal history data, intelligence data, and law enforcement investigatory files is subject to the provisions of section 22.7 and chapter 692, and juvenile court social records shall be deemed confidential criminal identification files under section 22.7, subsection 9. The records are subject to sealing under section 232.150.

Approved April 24, 2015