Report and Publishing of Juvenile Court Information, Including Cases, Informal Adjustments, Pretrial Diversions and Identifying Information — Expungement of Child's Information Upon Order of Expunction of Charge That Had Resulted in Probation or Prevention Services
Report and Publishing of Juvenile Court Information, Including Cases, Informal Adjustments, Pretrial Diversions and Identifying Information — Expungement of Child's Information Upon Order of Expunction of Charge That Had Resulted in Probation or Prevention Services
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The clerk of each juvenile court shall, each month, report to the executive secretary such information as the council may require concerning cases handled by such court, including, but not limited to, informal adjustments, appointment of counsel, pretrial diversions, and all other dispositions made by the court. Notwithstanding § 37-1-153 or any other law to the contrary, the council may require identifying information to be reported in order that the council may more accurately track recidivism rates and other pertinent trends relating to juveniles. Notwithstanding any law to the contrary, identifying information received by the council shall be confidential; shall not be published, released, or otherwise disseminated; and shall be maintained in accordance with state and federal laws and regulations regarding confidentiality. The council shall publish data and make such data available to properly concerned agencies and individuals, or to any person upon request. Any such publication or release of data shall be limited to nonidentifying information. The council shall develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction shall occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court.
On or before September 1 of each year, the clerk of each juvenile court operating county probation programs shall furnish to the department the names and birthdates of all children receiving county probation services, and the length of probation for each child. Upon receipt of an order of expunction of the charge for which the child was placed on county probation, the department shall expunge that child's information from its records.
On or before September 1 of each year, the clerk of each juvenile court receiving prevention grants or other prevention funding through the department shall furnish to the department the names and birthdates of all children receiving prevention services, the amount of time each child was provided services, and the percentage of prevention services provided that are evidence-based for the previous fiscal year. Upon receipt of an order of expunction of the charge for which the child received prevention services, the department shall expunge that child's information from its records.
Except as provided in subdivision (d)(2), nothing in this section shall be construed to mandate any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer or any other juvenile court staff member.
Notwithstanding this section to the contrary, in counties with a youth services officer, the youth services officer shall be responsible for furnishing the information to the department required by subsections (b) and (c).