Sec. 47.12.315. Public disclosure of information in department records relating to certain minors.

462 words·~2 min read·/ak/title-47/chapter-12/47-12-315

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding AS 47.12.310 and except as otherwise provided in this section, the department shall disclose information to the public, on request, concerning a minor subject to this chapter who was at least 13 years of age at the time of commission of

(1)a felony offense against a person under AS 11.41 ;

(2)arson in the first or second degree;

(3)burglary in the first degree;

(4)distribution of child sexual abuse material;

(5)sex trafficking in the first degree;

(6)misconduct involving a controlled substance in the first, second, or third degrees involving distribution or possession with intent to deliver; or

(7)misconduct involving weapons in the first through fourth degrees.

(b)The department may disclose the information authorized in

(a)of this section only if a court has adjudicated the minor as delinquent.

(c)When required by this section to disclose information, the department may disclose only the name of the minor, the name of each legal parent or guardian, the specific offense for which the minor was adjudicated delinquent, and the final outcome of the court proceedings relating to the offense. Before the disclosure, the department shall delete the information that identifies the victim of the offense.

(d)The department may not disclose the name of an out-of-home care provider with whom the minor was living at the time the minor was alleged to have committed the offense.

(e)If the department or other state or municipal agency maintains the information to be disclosed by electronic means that can be recovered from a computer database, the department or agency may disclose the information in that medium.

(f)The department may not release information under this section after five years from the date the department or other agency is first required or authorized to make the disclosure under this section.

(g)When disclosure is required under this section, the department may petition the court for an order prohibiting the disclosure. The court may grant the petition if, based on information presented in the petition or at an in camera hearing held on the petition, the court finds that

(1)the crime was an isolated incident and the minor does not present any further danger to the public; or

(2)the victim agrees that disclosure is inappropriate.

(h)In this section, unless the context otherwise requires, “out-of-home care provider” means a person, other than the child's legal parents, with whom a child who is in the custody of the state under AS 47.10 , AS 47.12 , or AS 47.14 is currently placed, including a foster parent, a relative other than a parent, and a person who has petitioned for adoption or guardianship of the child.