Section 47.12.310. Agency records.

   (a) Except as specified in AS 47.12.315, 47.12.320, and (b) - (g) and (i) of this section, all information and social records pertaining to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal agency or employee in the discharge of the agency's or employee's official duty, including driver's license actions under AS 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone without a court order.
   (b) A state or municipal agency or employee shall disclose
        (1) information regarding a case to a federal, state, or municipal law enforcement agency for a specific investigation being conducted by that agency;
        (2) appropriate information regarding a case to
             (A) a guardian ad litem appointed by the court;
             (B) a person or an agency requested by the department or the minor's legal custodian to provide consultation or services for a minor who is subject to the jurisdiction of the court under this chapter as necessary to enable the provision of the consultation or services;
             (C) school officials as may be necessary to protect the safety of the minor who is the subject of the case and the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;
             (D) a governmental agency as may be necessary to obtain that agency's assistance for the department in its investigation or to obtain physical custody of a minor;
             (E) a law enforcement agency of this state or another jurisdiction as may be necessary for the protection, rehabilitation, or supervision of any minor or for actions by that agency to protect the public safety;
             (F) a victim or to the victim's insurance company as may be necessary to inform the victim or the insurance company about the arrest of the minor, including the minor's name and the names of the minor's parents, copies of reports, or the disposition or resolution of a case involving a minor;
             (G) the state medical examiner under AS 12.65 as may be necessary to perform the duties of the state medical examiner;
             (H) foster parents or relatives with whom the child is placed by the department as may be necessary to enable the foster parents or relatives to provide appropriate care for the child who is the subject of the case, to protect the safety of the child who is the subject of the case, and to protect the safety and property of family members and visitors of the foster parents or relatives;
             (I) the Department of Law or its agent for use and subsequent release if necessary for collection of an order of restitution on behalf of the recipient;
             (J) the Violent Crimes Compensation Board established in AS 18.67.020 for use in awarding compensation under AS 18.67.080;
             (K) a state, municipal, or federal agency of this state or another jurisdiction that has the authority to license adult or children's facilities and services;
             (L) a child placement agency licensed under AS 47.32 as necessary to provide services for a minor who is subject to the jurisdiction of the court under this chapter; and
             (M) a state or municipal agency of this state or another jurisdiction that is responsible for child protection services, as may be necessary for the administration of services, protection, rehabilitation, or supervision of a minor or for actions by the agency to protect the public safety; and
        (3) to the University of Alaska under the Alaska higher education savings program for children established under AS 47.14.400 information that is necessary to support the program, but only if the information released is maintained as a confidential record by the University of Alaska.
   (c) A state or municipal law enforcement agency
        (1) shall disclose information regarding a case that is needed by the person or agency charged with making a preliminary investigation for the information of the court under this chapter;
        (2) may disclose to the public information regarding a criminal offense in which a minor is a suspect, victim, or witness if the minor is not identified by the disclosure;
        (3) may disclose to school officials information regarding a case as may be necessary to protect the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;
        (4) may disclose to the public information regarding a case as may be necessary to protect the safety of the public; and
        (5) may disclose to a victim or to the victim's insurance company information, including copies of reports, as necessary for civil litigation or insurance claims pursued by or against the victim.
   (d) Upon request of a victim, the department shall make every reasonable effort to notify the victim as soon as practicable, by telephone or in writing, when a delinquent minor is to be released from placement in a juvenile facility under AS 47.12.120(b)(1). The notice under this subsection must include the expected date of the delinquent minor's release, the geographic area in which the delinquent minor is required to reside, and other pertinent information concerning the delinquent minor's conditions of release that may affect the victim.
   (e) A person may authorize the department to release information to the military or to a prospective employer about the existence of a delinquency adjudication against that person under this chapter and the offense on which it was based.
   (f) The department may release to a person with a legitimate interest information relating to a minor subject to the jurisdiction of the department under this chapter. The department shall adopt regulations under AS 44.62 to implement this subsection, including regulations governing the release of information and standards for identifying a legitimate interest in the information.
   (g) The department and affected law enforcement agencies shall work with school districts and private schools to develop procedures for the disclosure of information to school officials under (b)(2)(C) and (c)(3) of this section. The procedures must provide a method for informing the principal or the principal's designee of the school the student attends as soon as it is reasonably practicable.
   (h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement agency is not required to notify the appropriate school official of a school district or school under (c) of this section if the agency determines that notice would jeopardize an ongoing investigation.
   (i) A state or municipal agency, other than a state or municipal law enforcement agency, or authorized employee may disclose to the public information regarding a case as may be necessary to protect the safety of the public provided the disclosure is authorized by regulations adopted by the department.
   (j) In this section, "school" means a public or private elementary or secondary school.
   (k) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.

Authorities

14.33.120;14.33.130;47.10.080;47.12.210;47.12.315;47.12.400

Notes

Recent Bills that will modify this

HB 16 CHILD PROTECTION RECORDS DISCLOSURE

Implemented As

7 AAC 52.050
7 AAC 54.300
7 AAC 54.310
7 AAC 54.320
7 AAC 54.330
7 AAC 54.340
7 AAC 54.350
7 AAC 54.360
7 AAC 54.370
7 AAC 54.380
7 AAC 54.390
7 AAC 54.410
7 AAC 54.420
7 AAC 54.430
7 AAC 54.440
7 AAC 54.450
7 AAC 54.900

References

7 AAC 41.205
7 AAC 54.350
7 AAC 54.380
7 AAC 54.900
AS 14.33.120 School disciplinary and safety program.
AS 14.33.130 Enforcement of approved program; additional safety obligations.
AS 47.10.080 Judgments and orders.
AS 47.12.210 Fingerprinting of minors.
AS 47.12.315 Public disclosure of information in department records relating to certain minors.
AS 47.12.400 Youth courts.

History

(Sec. 46 ch 59 SLA 1996; am Sec. 4 - 7 ch 64 SLA 1997; am Sec. 7 ch 94 SLA 1997; am Sec. 46 ch 99 SLA 1998; am Sec. 40, 41 ch 107 SLA 1998; am Sec. 39 ch 92 SLA 2001; am Sec. 1 ch 47 SLA 2002; am Sec. 30 ch 124 SLA 2004; am Sec. 3 ch 58 SLA 2007; am Sec. 2, 3 ch 38 SLA 2012; am Sec. 30 ch 9 SLA 2013)