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COMMONWEALTH OF PENNSYLVANIA

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237 Pa. Code Rule 1160. Inspection of the Official Court Record.

PART C(1). ACCESS TO JUVENILE COURT RECORDS


Rule 1160. Inspection of the Official Court Record.

 The official court record is only open to inspection by:

   1)  The judges, officers, and professional staff of the court;

   2)  The parties to the proceeding and their counsel and representatives, 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 at 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, its probation officers, other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to a proceeding under the Juvenile Act, 42 Pa.C.S. §  6301 et seq.;

   5)  The Administrative Office of Pennsylvania Courts;

   6)  The judges, officers and professional staff of courts of other jurisdictions when necessary for the discharge of their official duties;

   7)  Officials of the Department of Corrections, 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. §  6301 et seq., 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 at the discretion of the court;

   8)  A parole board, court or county probation official in considering an individual’s parole or in exercising supervision over any individual who was previously adjudicated delinquent in a proceeding under the Juvenile Act, 42 Pa.C.S. §  6301 et seq., 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 at the discretion of the court.

   9)  The State Sexual Offenders Assessment Board for use in completing assessments; and

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

Comment

   See the Juvenile Act, 42 Pa.C.S. §  6307, for the statutory provisions on inspection of all files and records of the court in a proceeding.

   Persons specified in 23 Pa.C.S. §  6340 as having access to reports may qualify as persons having a legitimate interest in the proceedings under paragraph (10). See 23 Pa.C.S. §  6340.

   This rule is meant to include the contents of the official court record as described in Rule 1166, which does not include agency records.

   Official Note

   Rule 1160 adopted August 21, 2006, effective February 1, 2007. Amended December 24, 2009, effective immediately.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 1160 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

   Final Report explaining the amendments to Rule 1160 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

Source

   The provisions of this Rule 1160 amended December 24, 2009, effective immediately, 40 Pa.B. 222. Immediately preceding text appears at serial pages (342575) to (342576).



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