38-2310. Records of law enforcement officers, agencies and municipal courts concerning certain juveniles; disclosure.
38-2310
38-2310. Records of law enforcement officers,agencies and municipal courts concerning certain juveniles;disclosure.(a) All records of law enforcement officers and agencies andmunicipal courtsconcerning an offense committed or alleged to have been committed by ajuvenile under 14years of age shall be kept readily distinguishable from criminal and otherrecords and shall not bedisclosed to anyone except:
(1) The 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) the department of social and rehabilitation services;
(4) the juvenile's court appointed special advocate, any officer of apublic or private agency orinstitution or any individual having custody of a juvenile under court orderor providing educational, medical or mental health services to a juvenile;
(5) any educational institution, to the extent necessary to enable theeducational institution toprovide the safest possible environment for its pupils and employees;
(6) any educator, to the extent necessary to enable the educator to protectthe personal safety ofthe educator and the educator's pupils;
(7) law enforcement officers or county or district attorneys, or theirstaff, when necessary for thedischarge of their official duties;
(8) the central repository, as defined by K.S.A. 22-4701, and amendmentsthereto, for use only asa part of the juvenile offender information system established under K.S.A.2009 Supp. 38-2326, and amendments thereto;
(9) juvenile intake and assessment workers;
(10) the juvenile justice authority;
(11) juvenile community corrections officers;
(12) any other person when authorized by a court order, subject to anyconditions imposed by theorder; and
(13) 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 provision ofchapter 8 of the KansasStatutes Annotated, and amendments thereto, or of any city ordinance or countyresolution which relatesto the regulation oftraffic on the roads, highways or streets or the operation of self-propelled ornonself-propelledvehicles of any kind;
(2) a violation, by a person 16 or more years of age, of any provision ofchapter 32 of the KansasStatutes Annotated, and amendments thereto; or
(3) an offense for which the juvenile is prosecuted as an adult.
(c) All records of law enforcement officers and agencies and municipal courtsconcerning anoffense committed or alleged to have been committed by a juvenile 14 or moreyears of age shallbe subject to the same disclosure restrictions as the records of adults.Information identifyingvictims and alleged victims of sex offenses, as defined in article 35 ofchapter21 of the Kansas Statutes Annotated, and amendments thereto, shall notbe disclosed or open to public inspection under any circumstances. Nothing inthis section shallprohibit the victim or any alleged victim of any sex offense from voluntarilydisclosing suchvictim's identity.
(d) 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.
(e) All records, reports and information obtained as a part of thejuvenile intake and assessmentprocess for juveniles shall be confidential, and shall not be disclosed exceptas provided bystatutory law and rules and regulations promulgated by the commissionerthereunder.
(1) Any court of record may order the disclosure of such records, reportsand other informationto any person or entity.
(2) The head of any juvenile intake and assessment program, certified by thecommissioner ofjuvenile justice, may authorize disclosure of such records, reports and otherinformation to:
(A) A person licensed to practice the healing arts who has before thatperson a juvenile whomthe person reasonably suspects may be abused or neglected;
(B) a court-appointed special advocate for a juvenile or an agency havingthe legalresponsibility or authorization to care for, treat or supervise a juvenile;
(C) a parent or other person responsible for the welfare of a juvenile,or such person's legalrepresentative, with protection for the identity of persons reporting and otherappropriate persons;
(D) the juvenile, the attorney and a guardian ad litem, if any,for such juvenile;
(E) the police or other law enforcement agency;
(F) an agency charged with the responsibility of preventing or treatingphysical, mental oremotional abuse or neglect or sexual abuse of children, if the agencyrequesting the informationhas standards of confidentiality as strict or stricter than the requirements ofthe Kansascode for care of children or the revised Kansas juvenile justice code,whichever is applicable;
(G) members of a multidisciplinary team under this code;
(H) an agency authorized by a properly constituted authority to diagnose,care for, treat orsupervise a child who is the subject of a report or record of child abuse orneglect;
(I) any individual, or public or private agency authorized by a properlyconstituted authority todiagnose, care for, treat or supervise a juvenile who is the subject of areport or record of childabuse or neglect, specifically including the following: Physicians,psychiatrists, nurses, nursepractitioners, psychologists, licensed social workers, child developmentspecialists, physicians'assistants, community mental health workers, alcohol and drug abuse counselorsand licensed orregistered child care providers;
(J) a citizen review board pursuant toK.S.A. 2009 Supp.38-2207,and amendmentsthereto;
(K) an educational institution to the extent necessary to enable suchinstitution to provide thesafest possible environment for pupils and employees of the institution;
(L) any educator to the extent necessary for the protection of the educatorand pupils; and
(M) any juvenile intake and assessment worker of another certified juvenileintake and assessment program.
History: L. 2006, ch. 169, § 10; Jan. 1, 2007.