H.F. 589 Section 1. Section 232.147, subsections 1, 2, 3, and 8, Code 1 2015, are amended to read as follows: 2 1. Juvenile court social records shall be confidential. 3 They shall not be inspected and their contents shall not be 4 disclosed except as provided in this section or as authorized 5 by other provisions in this chapter . 6 2. Official juvenile court records in cases alleging 7 delinquency, including complaints under section 232.28 , shall 8 be public records, subject to the following restrictions: 9 a. Records containing a dismissal of a complaint or an 10 information adjustment of a complaint when no petition is filed 11 relating to the complaint, shall not be available to the public 12 and may only be inspected by or disclosed to the following: 13 (1) The judge and professional court staff, including 14 juvenile court officers. 15 (2) The child’s counsel or guardian ad litem. 16 (3) The county attorney and county attorney’s assistants. 17 (4) The superintendent or the superintendent’s designee of 18 the school district for the school attended by the child or 19 the authorities in charge of an accredited nonpublic school 20 attended by the child. 21 (5) A member of the armed forces of the United States. 22 (6) The statistical analysis center for the purposes stated 23 in section 216A.136. 24 a. b. Official juvenile court records containing a petition 25 or complaint alleging delinquency filed prior to January 1, 26 2007, shall be public records subject to a confidentiality 27 order under section 232.149A or sealing under section 232.150 . 28 b. c. Official juvenile court records containing a petition 29 or complaint alleging delinquency filed on or after January 30 1, 2007, shall be public records subject to a confidentiality 31 order under section 232.149A or sealing under section 232.150 . 32 The official records shall not be available to the public 33 or any governmental agency through the internet or in an 34 electronic customized data report unless the child has been 35 -1- LSB 1285HV (2) 86 jm/rj 1/ 5

H.F. 589 adjudicated delinquent. However, the following shall have 1 access to official juvenile court records through the internet 2 or in an electronic customized data report prior to the child 3 being adjudicated delinquent: 4 (1) The judge and professional court staff, including 5 juvenile court officers. 6 (2) The child’s counsel or guardian ad litem. 7 (3) The county attorney and the county attorney’s 8 assistants. 9 (4) A court, court professional staff, and adult probation 10 officers in connection with the preparation of a presentence 11 report concerning a person who prior thereto had been the 12 subject of a juvenile court proceeding. 13 (5) A state or local law enforcement agency. 14 (6) The state public defender. 15 (7) The division of criminal and juvenile justice planning 16 of the department of human rights. 17 c. d. If the court has excluded the public from a hearing 18 under division II of this chapter , the transcript of the 19 proceedings shall not be deemed a public record and inspection 20 and disclosure of the contents of the transcript shall not be 21 permitted except pursuant to court order or unless otherwise 22 provided in this chapter . 23 d. e. Complaints under section 232.28 shall be released in 24 accordance with section 915.25 . Other official juvenile court 25 records may be released under this section by a juvenile court 26 officer. 27 3. Official juvenile court records in all cases except 28 those alleging delinquency shall be confidential and are not 29 public records but may be inspected and their contents shall be 30 disclosed to the following without court order: 31 a. The judge and professional court staff, including 32 juvenile court officers. 33 b. The child and the child’s counsel. 34 c. The child’s parent, guardian or custodian, court 35 -2- LSB 1285HV (2) 86 jm/rj 2/ 5

H.F. 589 appointed special advocate, and guardian ad litem, and 1 the members of the child advocacy board created in section 2 237.16 or a local citizen foster care review board created in 3 accordance with section 237.19 who are assigning or reviewing 4 the child’s case. 5 d. The county attorney and the county attorney’s assistants. 6 e. An agency, association, facility or institution which has 7 custody of the child, or is legally responsible for the care, 8 treatment or supervision of the child. 9 f. A court, court professional staff, and adult probation 10 officers in connection with the preparation of a presentence 11 report concerning a person who prior thereto had been the 12 subject of a juvenile court proceeding. 13 g. The child’s foster parent or an individual providing 14 preadoptive care to the child. 15 h. The state public defender. 16 8. All Subject to restrictions imposed by sections 232.48, 17 subsection 4, and 232.97, subsection 3, all juvenile court 18 records shall be made available for inspection and their 19 contents shall be disclosed to any party to the case and 20 the party’s counsel and to any trial or appellate court in 21 connection with an appeal pursuant to division VI of this 22 chapter . 23 Sec. 2. Section 232.149, Code 2015, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. Records and files of a criminal or 26 juvenile justice agency concerning a defendant transferred 27 under section 803.6 to the juvenile court for the alleged 28 commission of a public offense are public records, except that 29 release of criminal history data, intelligence data, and law 30 enforcement investigatory files is subject to the provisions of 31 section 22.7 and chapter 692, and juvenile court social records 32 shall be deemed confidential criminal identification files 33 under section 22.7, subsection 9. The records are subject to 34 sealing under section 232.150. 35 -3- LSB 1285HV (2) 86 jm/rj 3/ 5

H.F. 589 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the confidentiality of juvenile court 4 records. 5 The bill provides that juvenile court social records shall 6 be confidential unless authorized by other provisions in Code 7 chapter 232. “Juvenile court social records” are defined in 8 Code section 232.2(31) to mean all records made with respect to 9 a child in connection with proceedings over which the court has 10 jurisdiction under this chapter other than official records and 11 includes but is not limited to the records made and compiled 12 by intake officers, predisposition reports, and reports of 13 physical and mental examinations. 14 The bill provides that records containing a dismissal of 15 a complaint or an adjustment of a complaint when no petition 16 is filed relating to the complaint, shall not be available to 17 the public and may only be disclosed to certain persons. The 18 bill allows disclosure to the judge and professional court 19 staff, the child’s counsel or guardian ad litem, and the county 20 attorney and assistant county attorneys. The bill also allows 21 disclosure to a member of the armed forces of the United 22 States, the statistical analysis center under Code section 23 216A.136, and the superintendent or the superintendent’s 24 designee of a school district where the child attends school 25 or the authorities in charge of an accredited nonpublic school 26 where the child attends school. 27 The bill provides that a predisposition investigation report 28 shall only be disclosed pursuant to Code section 232.48(4) and 29 a social investigation report shall only be disclosed pursuant 30 to Code section 232.97(3). 31 The amendment to Code section 232.149 relates to the records 32 and files of a defendant transferred to juvenile court from 33 adult court under Code section 803.6 for the alleged commission 34 of a public offense. The bill specifies that the records and 35 -4- LSB 1285HV (2) 86 jm/rj 4/ 5

H.F. 589 files of the defendant transferred from adult court to juvenile 1 court are public records except that criminal history data as 2 defined in Code section 692.1(5), intelligence data as defined 3 in Code section 692.1(14), and law enforcement investigatory 4 files are subject to the confidentiality provisions of Code 5 section 22.7 and Code chapter 692. The amendment to Code 6 section 232.149 further specifies that juvenile court social 7 records, as defined in Code section 232.2(31), shall be deemed 8 confidential criminal identification files under Code section 9 22.7(9), and that the records of a defendant transferred to 10 juvenile court may be sealed under Code section 232.150. 11 -5- LSB 1285HV (2) 86 jm/rj 5/ 5