Report Title:

Juvenile Record Sharing

Description:

Allows limited accessibility to juvenile records to school officials; requires notification from a court to appropriate school officials when a minor has committed any felony or misdemeanor; provides for confidentiality of records and penalty for unauthorized disclosure.

THE SENATE

S.B. NO.

1086

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to juvenile court records.

 

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

SECTION 1. The legislature finds that while juvenile court records, in general, should be kept confidential, a limited exception is needed to that confidentiality in cases involving serious acts of violence that could jeopardize the safety and welfare of Hawaii's citizens. Even in these selected cases, the dissemination of juvenile criminal records should be as limited as possible, consistent with the need to work with a student in an appropriate fashion, and the need to protect potentially vulnerable school staff and other students over whom the school staff exercises direct supervision and responsibility.

The purpose of this Act is to:

(1) Allow limited accessibility to juvenile records to school officials; and

(2) Require notification from a court to appropriate school officials when a minor has committed any felony or misdemeanor.

SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571-   Limited accessibility to juvenile records; department of education to be informed. (a) Notwithstanding section 571-84, a legal record and a social record, as defined in section 571-84.6, including criminal record and probation officer reports and all other documents filed in a case 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, without qualification or limitation, to the district superintendent or designee of the school district where the minor is enrolled or attending a public school.

(b) Notwithstanding section 571-84, if a minor:

(1) Is the subject of a complaint, investigation, or petition under section 571-21; or

(2) Has been taken into custody under section 571-31;

the family court shall immediately notify the department of education of the minor's name, age, and address, and the name and address of the minor's parents, and of the suspected violation of the penal code section and current status of the case. Upon such notification, the department of education shall transmit to the principal or vice principal of the minor's school the information received from the family court.

(c) Written notice that a minor enrolled in a public school, who has been informally adjusted or has been the subject of an adverse disposition to have committed any felony or misdemeanor, including a curfew violation, shall be provided by the court, within seven days, to the district superintendent or designee of the school district of attendance. Written notice shall include only the violation or offense committed by the minor and the disposition of the minor's case.

(d) The principal or vice principal of the school receiving any information or notice under this section 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.

(e) Any information received by a teacher, counselor, or administrator under this section shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, juvenile's parents or guardians, law enforcement personnel, and probation officer is needed to effectuate the juvenile's rehabilitation or protect students and staff.

(f) Any information received from the court under this section shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor's subsequent schools of attendance and maintained until the minor graduates from high school or reaches the age of eighteen, whichever occurs first. After that time the confidential record shall be destroyed.

(g) No liability shall attach to any person who transmits or fails to transmit any notice or information required under this section.

(h) All information and records under this section are confidential and shall be protected from disclosure to persons not authorized under this section.

An intentional violation of this subsection is a misdemeanor."

SECTION 3. New statutory material is underscored.

 

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

INTRODUCED BY:

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