Bill Text: IA HF589 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the confidentiality of certain juvenile court records. (Formerly HSB 106)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-08 - Withdrawn. H.J. 799. [HF589 Detail]
Download: Iowa-2015-HF589-Introduced.html
House File 589 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 106) A BILL FOR 1 An Act relating to the confidentiality of certain juvenile 2 court records. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1285HV (2) 86 jm/rj PAG LIN 1 1 Section 1. Section 232.147, subsections 1, 2, 3, and 8, Code 1 2 2015, are amended to read as follows: 1 3 1. Juvenile court social records shall be confidential. 1 4 They shall not be inspected and their contents shall not be 1 5 disclosed except as provided in this section or as authorized 1 6 by other provisions in this chapter. 1 7 2. Official juvenile court records in cases alleging 1 8 delinquency, including complaints under section 232.28, shall 1 9 be public records, subject to the following restrictions: 1 10 a. Records containing a dismissal of a complaint or an 1 11 information adjustment of a complaint when no petition is filed 1 12 relating to the complaint, shall not be available to the public 1 13 and may only be inspected by or disclosed to the following: 1 14 (1) The judge and professional court staff, including 1 15 juvenile court officers. 1 16 (2) The child's counsel or guardian ad litem. 1 17 (3) The county attorney and county attorney's assistants. 1 18 (4) The superintendent or the superintendent's designee of 1 19 the school district for the school attended by the child or 1 20 the authorities in charge of an accredited nonpublic school 1 21 attended by the child. 1 22 (5) A member of the armed forces of the United States. 1 23 (6) The statistical analysis center for the purposes stated 1 24 in section 216A.136. 1 25a.b. Official juvenile court records containing a petition 1 26 or complaint alleging delinquency filed prior to January 1, 1 27 2007, shall be public records subject to a confidentiality 1 28 order under section 232.149A or sealing under section 232.150. 1 29b.c. Official juvenile court records containing a petition 1 30 or complaint alleging delinquency filed on or after January 1 31 1, 2007, shall be public records subject to a confidentiality 1 32 order under section 232.149A or sealing under section 232.150. 1 33 The official records shall not be available to the public 1 34 or any governmental agency through the internet or in an 1 35 electronic customized data report unless the child has been 2 1 adjudicated delinquent. However, the following shall have 2 2 access to official juvenile court records through the internet 2 3 or in an electronic customized data report prior to the child 2 4 being adjudicated delinquent: 2 5 (1) The judge and professional court staff, including 2 6 juvenile court officers. 2 7 (2) The child's counsel or guardian ad litem. 2 8 (3) The county attorney and the county attorney's 2 9 assistants. 2 10 (4) A court, court professional staff, and adult probation 2 11 officers in connection with the preparation of a presentence 2 12 report concerning a person who prior thereto had been the 2 13 subject of a juvenile court proceeding. 2 14 (5) A state or local law enforcement agency. 2 15 (6) The state public defender. 2 16 (7) The division of criminal and juvenile justice planning 2 17 of the department of human rights. 2 18c.d. If the court has excluded the public from a hearing 2 19 under division II of this chapter, the transcript of the 2 20 proceedings shall not be deemed a public record and inspection 2 21 and disclosure of the contents of the transcript shall not be 2 22 permitted except pursuant to court order or unless otherwise 2 23 provided in this chapter. 2 24d.e. Complaints under section 232.28 shall be released in 2 25 accordance with section 915.25. Other official juvenile court 2 26 records may be released under this section by a juvenile court 2 27 officer. 2 28 3. Official juvenile court records in all cases except 2 29 those alleging delinquency shall be confidential and are not 2 30 public records but may be inspected and their contents shall be 2 31 disclosed to the following without court order: 2 32 a. The judge and professional court staff, including 2 33 juvenile court officers. 2 34 b. The child and the child's counsel. 2 35 c. The child's parent, guardian or custodian, court 3 1 appointed special advocate, and guardian ad litem, and 3 2 the members of the child advocacy board created in section 3 3 237.16 or a local citizen foster care review board created in 3 4 accordance with section 237.19 who are assigning or reviewing 3 5 the child's case. 3 6 d. The county attorney and the county attorney's assistants. 3 7 e. An agency, association, facility or institution which has 3 8 custody of the child, or is legally responsible for the care, 3 9 treatment or supervision of the child. 3 10 f. A court, court professional staff, and adult probation 3 11 officers in connection with the preparation of a presentence 3 12 report concerning a person who prior thereto had been the 3 13 subject of a juvenile court proceeding. 3 14 g. The child's foster parent or an individual providing 3 15 preadoptive care to the child. 3 16 h. The state public defender. 3 17 8.AllSubject to restrictions imposed by sections 232.48, 3 18 subsection 4, and 232.97, subsection 3, all juvenile court 3 19 records shall be made available for inspection and their 3 20 contents shall be disclosed to any party to the case and 3 21 the party's counsel and to any trial or appellate court in 3 22 connection with an appeal pursuant to division VI of this 3 23 chapter. 3 24 Sec. 2. Section 232.149, Code 2015, is amended by adding the 3 25 following new subsection: 3 26 NEW SUBSECTION. 2A. Records and files of a criminal or 3 27 juvenile justice agency concerning a defendant transferred 3 28 under section 803.6 to the juvenile court for the alleged 3 29 commission of a public offense are public records, except that 3 30 release of criminal history data, intelligence data, and law 3 31 enforcement investigatory files is subject to the provisions of 3 32 section 22.7 and chapter 692, and juvenile court social records 3 33 shall be deemed confidential criminal identification files 3 34 under section 22.7, subsection 9. The records are subject to 3 35 sealing under section 232.150. 4 1 EXPLANATION 4 2 The inclusion of this explanation does not constitute agreement with 4 3 the explanation's substance by the members of the general assembly. 4 4 This bill relates to the confidentiality of juvenile court 4 5 records. 4 6 The bill provides that juvenile court social records shall 4 7 be confidential unless authorized by other provisions in Code 4 8 chapter 232. "Juvenile court social records" are defined in 4 9 Code section 232.2(31) to mean all records made with respect to 4 10 a child in connection with proceedings over which the court has 4 11 jurisdiction under this chapter other than official records and 4 12 includes but is not limited to the records made and compiled 4 13 by intake officers, predisposition reports, and reports of 4 14 physical and mental examinations. 4 15 The bill provides that records containing a dismissal of 4 16 a complaint or an adjustment of a complaint when no petition 4 17 is filed relating to the complaint, shall not be available to 4 18 the public and may only be disclosed to certain persons. The 4 19 bill allows disclosure to the judge and professional court 4 20 staff, the child's counsel or guardian ad litem, and the county 4 21 attorney and assistant county attorneys. The bill also allows 4 22 disclosure to a member of the armed forces of the United 4 23 States, the statistical analysis center under Code section 4 24 216A.136, and the superintendent or the superintendent's 4 25 designee of a school district where the child attends school 4 26 or the authorities in charge of an accredited nonpublic school 4 27 where the child attends school. 4 28 The bill provides that a predisposition investigation report 4 29 shall only be disclosed pursuant to Code section 232.48(4) and 4 30 a social investigation report shall only be disclosed pursuant 4 31 to Code section 232.97(3). 4 32 The amendment to Code section 232.149 relates to the records 4 33 and files of a defendant transferred to juvenile court from 4 34 adult court under Code section 803.6 for the alleged commission 4 35 of a public offense. The bill specifies that the records and 5 1 files of the defendant transferred from adult court to juvenile 5 2 court are public records except that criminal history data as 5 3 defined in Code section 692.1(5), intelligence data as defined 5 4 in Code section 692.1(14), and law enforcement investigatory 5 5 files are subject to the confidentiality provisions of Code 5 6 section 22.7 and Code chapter 692. The amendment to Code 5 7 section 232.149 further specifies that juvenile court social 5 8 records, as defined in Code section 232.2(31), shall be deemed 5 9 confidential criminal identification files under Code section 5 10 22.7(9), and that the records of a defendant transferred to 5 11 juvenile court may be sealed under Code section 232.150. LSB 1285HV (2) 86 jm/rj
