Bill Text: IA SF292 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the confidentiality of certain juvenile court records. (Formerly SSB 1148.) Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-24 - Signed by Governor. S.J. 932. [SF292 Detail]
Download: Iowa-2015-SF292-Enrolled.html
Senate File 292 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1148)
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A BILL FOR
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Senate File 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.
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.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 292, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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