38-2309. Court records; disclosure; preservation of records.
38-2309
38-2309. Court records; disclosure; preservation ofrecords.(a) Official file. The official file ofproceedings pursuant to this code shall consistof the complaint, process, service of process, orders, writs and journalentries reflecting hearingsheld, judgments and decrees entered by the court. The official file shall bekept separate fromother records of the court.
(b) The official file shall be open for public inspection, unless thejudge determines that openingthe official file for public inspection is not in the best interests of ajuvenile who is less than 14years of age. Information identifying victims and alleged victims of sexoffenses, as defined inarticle 35 of chapter 21 of the Kansas Statutes Annotated, and amendmentsthereto, shall not be disclosed or open to publicinspection under anycircumstances. Nothing in this section shall prohibit the victim or allegedvictim of any sexoffense from voluntarily disclosing such victim's identity. An official fileclosed pursuant to thissection and information identifying the victim or alleged victim of any sexoffense shall bedisclosed only to the following:
(1) A judge of the district court and members of the staff of the courtdesignated by the judge;
(2) parties to the proceedings and their attorneys;
(3) any individual or any public or private agency or institution: (A)Having custody of thejuvenile under court order; or (B) providing educational, medical or mentalhealth services to thejuvenile;
(4) the juvenile's court appointed special advocate;
(5) any placement provider or potential placement provider as determined bythe commissioneror court services officer;
(6) law enforcement officers or county or district attorneys, or theirstaff, when necessary for thedischarge of their official duties;
(7) the Kansas racing commission, upon written request of the commissionchairperson, for thepurpose provided by K.S.A. 74-8804, and amendments thereto, except thatinformationidentifying the victim or alleged victim of any sex offense shall not bedisclosed pursuant to thissubsection;
(8) juvenile intake and assessment workers;
(9) the commissioner;
(10) any other person when authorized by a court order, subject to anyconditions imposed by theorder; and
(11) the commission on judicial performance in the discharge of thecommission's duties pursuant to article 32 of chapter 20 of the Kansas StatutesAnnotated, and amendments thereto.
(c) Social file. Reports and information received by the court,other than the official file, shall beprivileged and open to inspection only by attorneys for the parties, juvenileintake and assessmentworkers, court appointed special advocates and juvenile community correctionsofficers or uponorder of a judge of the district court or appellate court. The reports shallnot be further disclosedwithout approval of the court or by being presented as admissible evidence.
(d) Preservation of records. The Kansas state historical societyshall be allowed to take possession for preservation in the state archives ofany court records related toproceedings underthe Kansas juvenile justice code or the revised Kansas juvenile justicecodewhenever suchrecords otherwise would be destroyed. The Kansas state historical society shallmake availablefor public inspection any unexpunged docket entry or official file in itscustody concerning anyjuvenile 14 or more years of age at the time an offense is alleged to havebeen committed by thejuvenile. No other such records in the custody of the Kansas state historicalsociety shall bedisclosed directly or indirectly to anyone for 70 years after creation of therecords, except asprovided in subsections (b) and (c). A judge of the district court may allowinspection forresearch purposes of any court records in the custody of the Kansas statehistorical society relatedto proceedings under the Kansas juvenile justice code or the revised Kansasjuvenile justice code.
(e) Relevant information, reports and records, shall be made available tothe department ofcorrections upon request, and a showing that the former juvenile has beenconvicted of a crimeand placed in the custody of the secretary of corrections.
History: L. 2006, ch. 169, § 9;L. 2008, ch. 145, § 8; May 22.