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Pennsylvania Code



Subchapter I. STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS


GENERAL PROVISIONS

Sec.


200.801.    Definitions.
200.802.    Inspection of juvenile court files and juvenile probation records or reports.
200.803.    Release of information to schools.
200.804.    Public availability.

Authority

   The provisions of this Subchapter I issued 42 Pa.C.S. § §  6371—6375, unless otherwise noted.

Source

   The provisions of this Subchapter I adopted May 12, 2006, effective May 13, 2006, 36 Pa.B. 2282, unless otherwise noted.

§ 200.801. Definitions. (See Pa.R.J.C.P. 120, 166(A) and Comment to Pa.R.J.C.P. 160)

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Clerk of Courts—That official in each judicial district who has the responsibility and function under State law and local practice to maintain the official juvenile court file and docket, without regard to that person’s official title.

   Juvenile court files—All original records, papers and orders filed, copies of all court notices, and docket entries.

   Juvenile probation records or reports—The term includes, but is not limited to, social summaries, psychological and psychiatric evaluations, personal histories, school records and reports, mental health histories and reports, drug and alcohol evaluations, treatment facility records and reports, and copies of all original court records, papers, orders and notices.

Authority

   The provisions of this §  200.801 amended under 42 Pa.C.S. § §  6371—6375.

Source

   The provisions of this §  200.801 amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4632. Immediately preceding text appears at serial page (327892).

§ 200.802. Inspection of juvenile court files and juvenile probation records or reports. (See Pa.R.J.C.P. 160 and 42 Pa.C.S. §  6307)

 (a)  No court authorization is required for the following persons or agencies to review and copy information contained in juvenile court files and juvenile probation records or reports:

   (1)  The judges, masters, juvenile probation officers and staff of the court.

   (2)  The attorney for the Commonwealth, the child’s attorney, and the child, but the persons in this category are not permitted to see reports revealing the names of confidential sources of information, except in the discretion of the court.

   (3)  A public or private agency or institution providing supervision or having custody of the child under order of the court.

   (4)  A court and its probation officers and other officials or staff and the attorney for the defendant for use in preparing a pre-sentence report in a criminal case in which the defendant is convicted and the defendant previously was adjudicated delinquent.

   (5)  A judge or issuing authority for use in determining bail, provided that the inspection is limited to orders of delinquency adjudications and dispositions, orders resulting from dispositional review hearings and histories of bench warrants and escapes.

   (6)  The Administrative Office of the Pennsylvania Courts.

   (7)  Officials of the Department of Corrections or a State correctional institution or other penal institution to which an individual who was previously adjudicated delinquent in a proceeding under the Juvenile Act (42 Pa.C.S. Chapter 63) has been committed, but the persons in this category shall not be permitted to see reports revealing the names of confidential sources of information contained in social reports, except in the discretion of the court.

   (8)  A parole board, court or county probation official in considering an individual who was previously adjudicated delinquent in a proceeding under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act), but the persons in this category are not permitted to see reports revealing the names of confidential sources of information contained in social reports, except in the discretion of the court.

   (9)  The judges, juvenile probation officers, and staff of courts of other jurisdictions when necessary for the discharge of their official duties.

   (10)  The State Sexual Offenders Assessment Board for use in completing assessments.

   (11)  With leave of court, any other person, agency or institution having a legitimate interest in the proceedings or in the work of the unified judicial system.

 (b)  A court order shall be required to release any information contained in juvenile court files or juvenile probation records or reports to any other person or agency not listed in subsection (a).

   (1)  A court order is required to release information to military recruiters, officials from the Immigration and Naturalization Service (INS), the Department of Homeland Security, and others.

   (2)  Requests for access to, or copies of, juvenile court or juvenile probation files and records should be in the form of a motion to the court that specifies the information being sought and the purpose for which the information will be used. In determining whether to grant the motion, the court should consider the purpose for which the information will be used, the nature of the information requested, administrative or legislative authority governing the release of the information, the nature of the offense, and the impact that the release of the information would have on the child and the community.

   (3)  Any court order granting the release of information should specify the information to be released and prohibit the further dissemination of the information.

 (c)  The president judge should adopt written policies and procedures, governing the dissemination of juvenile probation records and reports, to include the following:

   (1)  A policy that a representative from the juvenile probation department is to be present throughout the inspection of records, and be responsible for the duplication of records.

   (2)  A requirement that a case-specific written record be maintained by the juvenile probation department listing the names and addresses of individuals to whom copies of records are provided.

   (3)  A statement prohibiting the secondary dissemination of information should accompany records provided to individuals.

§ 200.803. Release of information to schools. (See Pa.R.J.C.P. 163 and 42 Pa.C.S. §  6341(b.1))

 (a)  Upon finding a child to be a delinquent child, the court shall, through the juvenile probation department, provide the following information to the building principal, or a designee, of any public, private, or parochial school in which the child is enrolled:

   (1)  The name and address of the child.

   (2)  The delinquent acts that the child was found to have committed.

   (3)  A brief description of the delinquent acts.

   (4)  The disposition of the case.

 (b)  If the child is adjudicated delinquent of a felony offense, the court, through the juvenile probation department, shall provide to the building principal, or a designee, relevant information regarding the child contained in the juvenile probation or treatment reports pertaining to the adjudication, prior delinquent history and the supervision plan of the child.

 (c)  The court or the juvenile probation department has the authority to share additional information regarding the child under its jurisdiction with the building principal, or a designee, as deemed necessary to protect public safety or to enable appropriate treatment, supervision, or rehabilitation of the child.

 (d)  Information provided to or maintained by the building principal, or a designee, under this section shall be transferred to the building principal or a designee of any public, private or parochial school to which the child transfers enrollment.

 (e)  Information provided to the building principal, or a designee, under this section shall be maintained separately from the child’s official school record.

 (f)  The delinquency information in the school record is to be used only by school officials and is not to be released to the general public or third parties unless ordered by the court.

§ 200.804. Public availability. (See Pa.R.J.C.P. 160, 330, 515 and 42 Pa.C.S. §  6307(b))

 (a)  A dispositional order entered following an adjudication of delinquency shall include a designation as to whether the case is eligible for limited public information, under 42 Pa.C.S. §  6307(b)(1)(i) (relating to inspection of court files and records). The court shall designate a case as eligible for limited public information if the child has been adjudicated delinquent by a court as a result of an act committed:

   (1)  When the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult.

   (2)  When the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:

     (i)   Murder.

     (ii)   Voluntary manslaughter.

     (iii)   Aggravated assault as defined in 18 Pa.C.S. §  2702(a)(1) or (2) (relating to aggravated assault).

     (iv)   Arson as defined in 18 Pa.C.S. §  3301(a)(1) (relating to arson and related offenses).

     (v)   Involuntary deviate sexual intercourse.

     (vi)   Kidnapping.

     (vii)   Rape.

     (viii)   Robbery as defined in 18 Pa.C.S. §  3701(a)(1)(i), (ii) or (iii) (relating to robbery).

     (ix)   Robbery of motor vehicle.

     (x)   Attempt or conspiracy to commit any of the aforementioned offenses.

 (b)  Upon the request of an individual for information regarding a case in which the court in its dispositional order has designated the case as eligible for limited public information under 42 Pa.C.S. §  6307(b)(1)(i), the clerk of courts shall create a public document that contains the following information:

   (1)  The juvenile’s name.

   (2)  The juvenile’s age.

   (3)  The juvenile’s address.

   (4)  The offenses alleged in the petition.

   (5)  The adjudication on each allegation.

   (6)  The disposition of the case.

 (c)  A petition alleging delinquency must contain an averment as to whether the case is eligible for limited public information under 42 Pa.C.S. §  6307(b)(1)(ii). A case shall be eligible for limited public information if the petition alleges that the child has committed an act that is subject to open proceedings under 42 Pa.C.S. §  6336(e) (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act committed:

   (1)  When the child was 14 years of age or older and the conduct would be considered a felony if committed by an adult.

   (2)  When the child was 12 or 13 years of age and the conduct would have constituted one or more of the following offenses if committed by an adult:

     (i)   Murder.

     (ii)   Voluntary manslaughter.

     (iii)   Aggravated assault as defined in 18 Pa.C.S. §  2702(a)(1) or (2).

     (iv)   Arson as defined in 18 Pa.C.S. §  3301(a)(1).

     (v)   Involuntary deviate sexual intercourse.

     (vi)   Kidnapping.

     (vii)   Rape.

     (viii)   Robbery as defined in 18 Pa.C.S. §  3701(a)(1)(i), (ii) or (iii).

     (ix)   Robbery of motor vehicle.

     (x)   Attempt or conspiracy to commit any of the aforementioned offenses.

 (d)  Upon the request of an individual for information regarding a case in which the petition includes an averment that the case is eligible for limited public information under 42 Pa.C.S. §  6307(b)(1)(ii), the clerk of courts shall create a public document that contains the following information:

   (1)  The juvenile’s name.

   (2)  The juvenile’s age.

   (3)  The juvenile’s address.

   (4)  The offenses alleged in the petition.

Authority

   The provisions of this §  200.804 amended under 42 Pa.C.S. § §  6371—6375.

Source

   The provisions of this §  200.804 amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4632. Immediately preceding text appears at serial pages (327894) to (327895).



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