Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart N - Juvenile Court Judges' Commission
Chapter 200 - JUVENILE COURT JUDGES' COMMISSION
Subchapter I - STANDARDS GOVERNING THE RELEASE OF INFORMATION CONTAINED IN JUVENILE COURT FILES AND JUVENILE PROBATION RECORDS AND REPORTS
GENERAL PROVISIONS
Section 200.802 - Inspection of juvenile court files and juvenile probation records or reports
Universal Citation: 37 PA Code ยง 200.802
Current through Register Vol. 54, No. 44, November 2, 2024
(a) No court authorization is required for the following persons or agencies to review and copy information contained in juvenile court files and juvenile probation records or reports:
(1) The judges, masters,
juvenile probation officers and staff of the court.
(2) The attorney for the Commonwealth, the
child's attorney, and the child, but the persons in this category are not
permitted to see reports revealing the names of confidential sources of
information, except in 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 and its
probation officers and other officials or staff and the attorney for the
defendant for use in preparing a pre-sentence report in a criminal case in
which the defendant is convicted and the defendant previously was adjudicated
delinquent.
(5) A judge or issuing
authority for use in determining bail, provided that the inspection is limited
to orders of delinquency adjudications and dispositions, orders resulting from
dispositional review hearings and histories of bench warrants and
escapes.
(6) The Administrative
Office of the Pennsylvania Courts.
(7) Officials of the Department of
Corrections or 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. Chapter 63) 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 in the discretion of the court.
(8) A parole board, court or county probation
official in considering an individual who was previously adjudicated delinquent
in a proceeding under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act), but
the persons in this category are not permitted to see reports revealing the
names of confidential sources of information contained in social reports,
except in the discretion of the court.
(9) The judges, juvenile probation officers,
and staff of courts of other jurisdictions when necessary for the discharge of
their official duties.
(10) The
State Sexual Offenders Assessment Board for use in completing
assessments.
(11) With leave of
court, any other person, agency or institution having a legitimate interest in
the proceedings or in the work of the unified judicial system.
(b) A court order shall be required to release any information contained in juvenile court files or juvenile probation records or reports to any other person or agency not listed in subsection (a).
(1) A court order is
required to release information to military recruiters, officials from the
Immigration and Naturalization Service (INS), the Department of Homeland
Security, and others.
(2) Requests
for access to, or copies of, juvenile court or juvenile probation files and
records should be in the form of a motion to the court that specifies the
information being sought and the purpose for which the information will be
used. In determining whether to grant the motion, the court should consider the
purpose for which the information will be used, the nature of the information
requested, administrative or legislative authority governing the release of the
information, the nature of the offense, and the impact that the release of the
information would have on the child and the community.
(3) Any court order granting the release of
information should specify the information to be released and prohibit the
further dissemination of the information.
(c) The president judge should adopt written policies and procedures, governing the dissemination of juvenile probation records and reports, to include the following:
(1) A policy that a representative from the
juvenile probation department is to be present throughout the inspection of
records, and be responsible for the duplication of records.
(2) A requirement that a case-specific
written record be maintained by the juvenile probation department listing the
names and addresses of individuals to whom copies of records are
provided.
(3) A statement
prohibiting the secondary dissemination of information should accompany records
provided to individuals.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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