Bill Text: IA SF292 | 2015-2016 | 86th General Assembly | Amended

Iowa Senate Bill 292 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

Senate File 292 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1148)
       (As Amended and Passed by the Senate March 18, 2015)

                                      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:
    SF 292 (4) 86
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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 informal 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 who is
  1 23 conducting a background investigation of an individual pursuant
  1 24 to federal law.
  1 25    (6)  The statistical analysis center for the purposes stated
  1 26 in section 216A.136.
  1 27    (7)  The state public defender.
  1 28    a.  b.  Official juvenile court records containing a petition
  1 29 or complaint alleging delinquency filed prior to January 1,
  1 30 2007, shall be public records subject to a confidentiality
  1 31 order under section 232.149A or sealing under section 232.150.
  1 32    b.  c.  Official juvenile court records containing a petition
  1 33 or complaint alleging delinquency filed on or after January
  1 34 1, 2007, shall be public records subject to a confidentiality
  1 35 order under section 232.149A or sealing under section 232.150.
  2  1 The official records shall not be available to the public
  2  2 or any governmental agency through the internet or in an
  2  3 electronic customized data report unless the child has been
  2  4 adjudicated delinquent. However, the following shall have
  2  5 access to official juvenile court records through the internet
  2  6 or in an electronic customized data report prior to the child
  2  7 being adjudicated delinquent:
  2  8    (1)  The judge and professional court staff, including
  2  9 juvenile court officers.
  2 10    (2)  The child's counsel or guardian ad litem.
  2 11    (3)  The county attorney and the county attorney's
  2 12 assistants.
  2 13    (4)  A court, court professional staff, and adult probation
  2 14 officers in connection with the preparation of a presentence
  2 15 report concerning a person who prior thereto had been the
  2 16 subject of a juvenile court proceeding.
  2 17    (5)  A state or local law enforcement agency.
  2 18    (6)  The state public defender.
  2 19    (7)  The division of criminal and juvenile justice planning
  2 20 of the department of human rights.
  2 21    c.  d.  If the court has excluded the public from a hearing
  2 22 under division II of this chapter, the transcript of the
  2 23 proceedings shall not be deemed a public record and inspection
  2 24 and disclosure of the contents of the transcript shall not be
  2 25 permitted except pursuant to court order or unless otherwise
  2 26 provided in this chapter.
  2 27    d.  e.  Complaints under section 232.28 shall be released in
  2 28 accordance with section 915.25. Other official juvenile court
  2 29 records may be released under this section by a juvenile court
  2 30 officer.
  2 31    3.  Official juvenile court records in all cases except
  2 32 those alleging delinquency shall be confidential and are not
  2 33 public records but may be inspected and their contents shall be
  2 34 disclosed to the following without court order:
  2 35    a.  The judge and professional court staff, including
  3  1 juvenile court officers.
  3  2    b.  The child and the child's counsel.
  3  3    c.  The child's parent, guardian or custodian, court
  3  4 appointed special advocate, and guardian ad litem, and
  3  5 the members of the child advocacy board created in section
  3  6 237.16 or a local citizen foster care review board created in
  3  7 accordance with section 237.19 who are assigning or reviewing
  3  8 the child's case.
  3  9    d.  The county attorney and the county attorney's assistants.
  3 10    e.  An agency, association, facility or institution which has
  3 11 custody of the child, or is legally responsible for the care,
  3 12 treatment or supervision of the child.
  3 13    f.  A court, court professional staff, and adult probation
  3 14 officers in connection with the preparation of a presentence
  3 15 report concerning a person who prior thereto had been the
  3 16 subject of a juvenile court proceeding.
  3 17    g.  The child's foster parent or an individual providing
  3 18 preadoptive care to the child.
  3 19    h.  The state public defender.
  3 20    8.  All Subject to restrictions imposed by sections 232.48,
  3 21 subsection 4, and 232.97, subsection 3, all juvenile court
  3 22 records shall be made available for inspection and their
  3 23 contents shall be disclosed to any party to the case and
  3 24 the party's counsel and to any trial or appellate court in
  3 25 connection with an appeal pursuant to division VI of this
  3 26 chapter.
  3 27    Sec. 2.  Section 232.149, Code 2015, is amended by adding the
  3 28 following new subsection:
  3 29    NEW SUBSECTION.  2A.  Records and files of a criminal or
  3 30 juvenile justice agency concerning a defendant transferred
  3 31 under section 803.6 to the juvenile court for the alleged
  3 32 commission of a public offense are public records, except that
  3 33 release of criminal history data, intelligence data, and law
  3 34 enforcement investigatory files is subject to the provisions of
  3 35 section 22.7 and chapter 692, and juvenile court social records
  4  1 shall be deemed confidential criminal identification files
  4  2 under section 22.7, subsection 9. The records are subject to
  4  3 sealing under section 232.150.
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