Report Title:

Juvenile Criminal Records; Public and Private Schools

Description:

Requires petitions filed in any juvenile court proceedings, probation officer reports, and all other documents filed in that case or made available to the probation officer in making a report, or made available to the judge, referee, or other hearing officer to be made available to school officials.

HOUSE OF REPRESENTATIVES

H.B. NO.

805

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to juveniles.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that while juvenile court records should in general be kept confidential, a limited exception to that confidentiality is needed to provide school officials with information that significantly affects the health and welfare of students and school personnel. Even in these selected cases, the dissemination of juvenile criminal records should be as limited as possible and consistent with the need to work with a student in an appropriate fashion and protect potentially vulnerable school staff and the students whose supervision is the school staff's direct responsibility.

The purpose of this Act is to:

(1) Allow limited accessibility to juvenile records to:

(A) School officials; and

(B) Persons involved in the treatment and supervision of minors in the areas of child abuse and law enforcement; and

(2) Require notification from family court to appropriate school officials when a minor has been adjudicated by family court to have committed an act that if committed by an adult would constitute a felony or misdemeanor involving gambling, alcohol, drugs, tobacco products, carrying of weapons, a sexual offense found in part V of chapter 707, Hawaii Revised Statutes, assault, theft, or criminal property damage.

SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§587-    Limited accessibility to juvenile records. Notwithstanding any other provision to the contrary, petitions filed in any juvenile court proceedings, probation officer reports, and all other documents filed in that case or made available to the probation officer in making a report or made available to the judge, referee, or other hearing officer shall be made available to:

(1) The district superintendent or designee of the school district where the minor is enrolled or attending school;

(2) The chief administrator of each school that is a member of the Hawaii Association of Independent Schools, if the minor is enrolled in or attending a private school; and

(3) Members of children's multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor in the areas of child abuse and law enforcement.

§587-     Written notice; school district. (a) Written notice that a minor enrolled in a public or private school, kindergarten to grade twelve inclusive, has been adjudicated by family court to have committed an act, if committed by an adult would constitute a felony or misdemeanor involving gambling, alcohol, drugs, tobacco products, carrying of weapons, a sexual offense found in part V of chapter 707, assault, theft, or criminal property damage shall be transmitted within thirty days from the date of disposition to:

(1) The district superintendent or designee of the school district of attendance; or

(2) The chief administrator.

Written notice shall include only the offenses for which the minor was adjudicated responsible and the disposition of the minor's case.

(b) The notice shall be expeditiously transmitted by the district superintendent or the chief administrator to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. The principal may disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion, to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.

(c) Any information received pursuant to this section shall:

(1) Be kept confidential;

(2) Be used only for the limited purpose of rehabilitating the minor and protecting students and staff; and

(3) Not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the minor, minor's parents or guardians, law enforcement personnel, and probation officer is needed to effectuate the minor's rehabilitation to protect students and staff.

(d) If a minor is removed from school as a result of an adjudication by family court that the minor has committed an act that if committed by an adult would constitute a felony or misdemeanor, the district superintendent or chief administrator shall maintain the information in a confidential file. The district superintendent shall transmit the information to the principal of the school at which the student is enrolled only when information is received from the court that the minor will be returned to school.

(e) If the minor is referred to a school district or private school after having been under the jurisdiction of the office of youth services, the office of youth services shall notify the district superintendent or the chief administrator.

(f) If the minor is returned to a school district or private school other than the school district or private school last attended by the minor, the parole or probation officer having jurisdiction over the minor shall so notify the district superintendent of the last district of attendance or the chief administrator, as applicable, who shall transmit the notice received from the family court to the district superintendent of the new district of attendance or the chief administrator, as applicable.

(g) Any information from the court received by the district superintendent or the chief administrator under this section shall:

(1) Be kept in a separate confidential file at the school of attendance;

(2) Be transferred to any subsequent school in Hawaii attended by the minor; and

(3) Be maintained until the minor graduates from high school, is released from family court jurisdiction, or reaches the age of eighteen, whichever occurs first.

When a minor is released from family court jurisdiction, graduates from high school, or reaches the age of eighteen, all confidential records relating to that minor shall be destroyed by school officials.

(h) At any time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or minor's parent or guardian shall have the right to make a written request to the principal of the school that the minor's school records be reviewed to ensure that the record has been destroyed. Upon completion of any requested review and no later than sixty days after the request for the review was received, the principal or designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.

(i) Any person or institution who wilfully violates the confidentiality provisions of subsection (c) shall be fined not less than $1,000 nor more than $10,000 for each violation plus reasonable court costs and attorney's fees as determined by the court, and the penalty and cost shall be paid to the person or persons whose records were released.

(j) A person who intentionally violates the confidentiality provision of subsection (c) shall be guilty of a misdemeanor.

(k) For the purposes of this section:

"Chief administrator" means the head of the Hawaii Association of Independent Schools.

"District superintendent" means a person appointed by the superintendent pursuant to section 302A-604, and any designee of that person.

"Principal" means a person who is responsible for the day to day administration of a school or has controlling authority over a school, by whatever title conferred upon that person, including administrator, dean, headmaster, or president."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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By Request