78A-6-209 - Court records -- Inspection.
78A-6-209. Court records -- Inspection.
(1) The court and the probation department shall keep records as required by the boardand the presiding judge.
(2) Court records shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years of age, otherparties in the case, the attorneys, and agencies to which custody of a minor has been transferred;
(b) for information relating to adult offenders alleged to have committed a sexualoffense, a felony or class A misdemeanor drug offense, or an offense against the person underTitle 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose ofevaluating whether an individual should be permitted to obtain or retain a license as an educatoror serve as an employee or volunteer in a school, with the understanding that the office mustprovide the individual with an opportunity to respond to any information gathered from itsinspection of the records before it makes a decision concerning licensure or employment;
(c) the Criminal Investigations and Technical Services Division, established in Section53-10-103, for the purpose of a criminal history background check for the purchase of a firearmand establishing good character for issuance of a concealed firearm permit as provided in Section53-5-704;
(d) the Division of Child and Family Services for the purpose of Child ProtectiveServices Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 andadministrative hearings in accordance with Section 62A-4a-1009; and
(e) for information related to a juvenile offender who has committed a sexual offense, afelony, or an offense which if committed by an adult would be a misdemeanor, the Department ofHealth, for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether alicensee should be permitted to obtain or retain a license to provide child care, with theunderstanding that the department must provide the individual who committed the offense withan opportunity to respond to any information gathered from its inspection of records before itmakes a decision concerning licensure.
(3) With the consent of the judge, court records may be inspected by the child, bypersons having a legitimate interest in the proceedings, and by persons conducting pertinentresearch studies.
(4) If a petition is filed charging a minor 14 years of age or older with an offense thatwould be a felony if committed by an adult, the court shall make available to any person uponrequest the petition, any adjudication or disposition orders, and the delinquency history summaryof the minor charged unless the records are closed by the court upon findings on the record forgood cause.
(5) Probation officers' records and reports of social and clinical studies are not open toinspection, except by consent of the court, given under rules adopted by the board.
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquencyhistory summary of any person charged as an adult with a felony offense shall be made availableto any person upon request.
(b) This provision does not apply to records that have been destroyed or expunged inaccordance with court rules.
(c) The court may charge a reasonable fee to cover the costs associated with retrieving arequested record that has been archived.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 111, 2008 General Session