12.00.030     DISSEMINATION OF JUVENILE RECORDS                    (CALEA 82.1.2)

Juvenile records are statutorily divided into two major categories:

 

v     Records relating to the commission of juvenile offenses which includes law enforcement Investigative records into the commission of a criminal offense by one or more juveniles

 

v     Records not relating to the commission of juvenile offenses.  This second category includes reports BPD obtained from other juvenile justice or care agencies during the course of BPD’s investigation of a juvenile offense such as CPS reports, medical reports, psychological or other counseling reports.

 

Both categories of juvenile reports are statutorily confidential and their dissemination varies depending upon whether they relate to the commission of juvenile offenses.

 

Case reports and records relating to the commission of juvenile offenses will not be released except to other criminal justice agencies as follows:

 

v     The other agency is pursuing an investigation or case involving the subject juvenile

 

v     The other agency has been assigned the responsibility of supervising the subject juvenile

 

All requests for case copies for the purpose of criminal defense must be referred to the King County Prosecutor’s Office.

 

Juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released to the prosecutor and defense attorney upon request and after a criminal charge has actually been filed.

 

Juvenile offense records of any adult convicted of a crime and placed under the supervision of the Department of Corrections will be released upon request to DOC.

 

Juvenile offense records will be released when directed by court order.

 

Information taken from but not including a juvenile offense report may be released as follows:

 

v     Victims of crime or their immediate family may be provided with:

 

1.      The identity of the alleged or proven juvenile offender alleged or found to have committed a crime against the victim;

 

2.      The identity of the alleged or proven juvenile offender’s parent, guardian or custodian; and

 

3.      The circumstances of the alleged or proven crime.

 

Except for the statutorily authorized release of relevant or necessary information regarding sex offenders (juvenile or adult), information concerning a juvenile offender or his/her family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile’s family.

 

Records not relating to the commission of juvenile offenses are confidential and will not be released except to other juvenile justice or care agencies and only when the other agency:

 

v     Is pursuing an investigation or case involving the subject juvenile, or

 

v     Has been assigned the responsibility of supervising the subject juvenile.

 

Records not relating to the commission of juvenile offenses may be made available for review upon request by the subject juvenile, his or her parents, the juvenile’s attorney, and the parent’s attorney.  BPD may withhold the release of this information, unless otherwise directed by order of a court, when:

 

v     BPD determines that providing access to the information is likely to cause severe psychological or physical harm to the juvenile or his or her parents, or

 

v     The information consists of medical or counseling records obtained by BPD from CPS, DSHS or a medical care provider and their disclosure must be handled by CPS, DSHS or the medical care provider with the informed consent of the juvenile.

Information Identifying Child Victims of Sexual Assault

 

Information identifying child victims under age eighteen who are victims of sexual assaults is confidential and not subject to release to the press or public without the permission of the child victim or the child’s legal guardian.  Identifying information includes the child victim’s name, addresses, location, photographs, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.

 

Information identifying the child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.

 

Prior to releasing any CHRI, information identifying a child victim of sexual assault will be deleted except as set forth above.