38-1608. Records of law enforcement officers and agencies and municipal courts concerning certain juveniles; disclosure.
38-1608
38-1608. Records of law enforcement officers andagencies and municipalcourts concerning certain juveniles; disclosure.(a) All records of law enforcement officers and agencies and municipal courtsconcerning a public offense committed or alleged to have been committedby a juvenile under 14 years of ageshall bekept readilydistinguishable from criminaland other records and shall not be disclosed to anyone except:
(1) The judge and members of the court staff designated by the judge ofa court having the juvenile before it in any proceedings;
(2) parties to the proceedings and their attorneys;
(3) the department of social and rehabilitation services;
(4) any individual, or any officer of a public or private agency orinstitution, having custody of the juvenile under court order or providingeducational, medical or mental healthservices to the juvenile or a court-approved advocate for the juvenile;
(5) any educational institution to the extent necessary to enable theeducational institution to provide the safest possible environment for itspupils and employees;
(6) any educator to the extent necessary to enable the educator to protectthe personal safety of the educator and the educator's pupils;
(7) law enforcement officers or county or district attorneys or theirstaff when necessary for the discharge of their official duties;
(8) the central repository, as defined by K.S.A. 22-4701 andamendmentsthereto, for use only as a part of the juvenile offender information systemestablished under K.S.A. 38-1618 and amendments thereto;
(9) juvenile intake and assessment workers;
(10) juvenile justice authority;
(11) any other person when authorized by a courtorder, subject to any conditions imposed by the order; and
(12) as provided in subsection (c).
(b) The provisions of this section shall not apply to records concerning:
(1) A violation, by a person 14 or more years of age, of any provisionof chapter 8 of the Kansas Statutes Annotated or of any city ordinance orcounty resolution which relates to the regulation of traffic on the roads,highways or streets or the operation of self-propelled or nonself-propelledvehicles of any kind;
(2) a violation, by a person 16 or more years of age, of any provisionof chapter 32 of the Kansas Statutes Annotated; or
(3) an offense for which the juvenile is prosecuted as an adult.
(c) All records of law enforcement officers and agencies and municipalcourts concerning a public offense committed or alleged to have been committedby a juvenile 14 or more years of age shall besubject to the same disclosurerestrictions as the records of adults.Information identifying victims and alleged victims of sex offenses, asdefined in K.S.A. chapter 21, article 35, shall not be disclosed or open topublic inspection under any circumstances. Nothing in this section shallprohibit the victim or any alleged victim of any sex offense from voluntarilydisclosing such victim's identity.
(d) Relevant information, reports and records shall be made availableto the department of corrections upon request and a showing that the formerjuvenile has been convicted of a crime and placed in the custody of thesecretary of the department of corrections.
(e) All records, reports and information obtained as a part of thejuvenile intake and assessment process for juvenile offenders shall beconfidential and shall not be disclosed except as provided in this section or by rules andregulations established by the commissionerof juvenile justice.
(1) Any court of record may order the disclosure of such records,reports and other information to any person or entity.
(2) The head of any juvenile intake and assessment program, certifiedpursuant to the commissioner ofjuvenile justice, may authorize disclosure ofsuchrecords, reports and other information to:
(A) A person licensed to practice the healing arts who has before thatperson a child whom the person reasonably suspects may be abused orneglected;
(B) a court-appointed special advocate for a child, which advocatereports to the court, or an agency having the legal responsibility orauthorization to care for, treat or supervise a child;
(C) a parent or other person responsible for the welfare of a child,or such person's legal representative, with protection for the identity ofpersons reporting and other appropriate persons;
(D) the child or the guardian ad litem for such child;
(E) the police or other law enforcement agency;
(F) an agency charged with the responsibility of preventing or treatingphysical, mental or emotional abuse or neglect or sexual abuse ofchildren, if the agency requesting the information has standards ofconfidentiality as strict or stricter than the requirements of therevised Kansas code for care of children or the Kansas juvenile justicecode, whichever is applicable;
(G) a person who is a member of a multidisciplinary team;
(H) an agency authorized by a properly constituted authority to diagnose,care for, treat or supervise a child who is the subject of a reportor record of child abuse or neglect;
(I) any individual, or public or private agency authorized by a properlyconstituted authority to diagnose, care for, treat or supervise a child whois the subject of a report or record of child abuse or neglect and specificallyincludes the following: Physicians, psychiatrists, nurses, nurse practitioners,psychologists, licensed social workers, child development specialists,physicians' assistants, community mental health workers, alcoholand drug abuse counselors and licensed or registered child care providers;
(J) a citizen review board;
(K) an educational institution if related to a juvenile offender thatattendssuch educational institution; and
(L) educators who have exposure to the juvenile offender or who areresponsible for pupils who have exposure to the juvenile offender.
(3) To any juvenile intake and assessment worker of another certifiedjuvenile intake and assessment program.
History: L. 1982, ch. 182, § 66; L. 1983, ch. 140, § 30;L. 1984, ch. 157, § 2;L. 1990, ch. 147, § 6;L. 1992, ch. 318, § 6;L. 1993, ch. 164, § 2;L. 1994, ch. 270, § 8;L. 1996, ch. 229, § 47;L. 1996, ch. 229, § 48;L. 1997, ch. 156, § 48;L. 1998, ch. 171, § 9;L. 2006, ch. 200, § 94; Jan. 1, 2007.