610.340 Confidentiality of juvenile court records.
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/ky/chapter-610/610-340A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Unless a specific provision of KRS Chapters 600 to 645 specifies otherwise,
all juvenile court records of any nature generated pursuant to KRS Chapters
600 to 645 by any agency or instrumentality, public or private, shall be
deemed to be confidential and shall not be disclosed except to the child,
parent, victims, or other persons authorized to attend a juvenile court hearing
pursuant to KRS 610.070 unless ordered by the court for good cause.
(b)Juvenile court records which contain information pertaining to arrests,
petitions, adjudications, and dispositions of a child may be disclosed to
victims or other persons authorized to attend a juvenile court hearing pursuant
to KRS 610.070.
(c)Release of the child's treatment, medical, mental, or psychological records is
prohibited unless presented as evidence in Circuit Court. Any records
resulting from the child's prior abuse and neglect under Title IV-E or Title IV-
B of the Federal Social Security Act shall not be disclosed to victims or other
persons authorized to attend a juvenile court hearing pursuant to KRS
610.070.
(d)Victim access under this subsection to juvenile court records shall include
access to records of adjudications that occurred prior to July 15, 1998.
(2)The provisions of this section shall not apply to public officers or employees
engaged in the investigation of and in the prosecution of cases under KRS Chapters
600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained
pursuant to this subsection shall be used for official use only, shall not be disclosed
publicly, and shall be exempt from disclosure under the Open Records Act, KRS
61.870 to 61.884.
(3)The provisions of this section shall not apply to any peace officer, as defined in
KRS 446.010, who is engaged in the investigation or prosecution of cases under
KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any
record obtained pursuant to this subsection shall be used for official use only, shall
not be disclosed publicly, and shall be exempt from disclosure under the Open
Records Act, KRS 61.870 to 61.884.
(4)The provisions of this section shall not apply to employees of the Department of
Juvenile Justice or cabinet or its designees responsible for any services under KRS
Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS
Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised
Statutes.
(5)The provisions of this section shall not apply to records disclosed pursuant to KRS
610.320 or to public or private elementary and secondary school administrative,
transportation, and counseling personnel, to any teacher or school employee with
whom the student may come in contact, or to persons entitled to have juvenile
records under KRS 610.345, if the possession and use of the records is in
compliance with the provisions of KRS 610.345 and this section.
(6)The provisions of this section shall not apply to employees of local law
enforcement agencies, the Department of Kentucky State Police, or the Federal
Bureau of Investigation engaged in conducting background checks for the sole
purpose of identifying and providing potentially disqualifying juvenile public
offense records to the National Instant Criminal Background Check System
pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities Act,
Pub. L. No. 117-159. Notwithstanding KRS 635.040, an adjudication for a public
offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), (3), or
(9). Any public offense record obtained pursuant to this subsection shall be used for
official use only, not be disclosed publicly, and be exempt from disclosure under
the Open Records Act, KRS 61.870 to 61.884.
(a)The provisions of this section shall not apply to records or proceedings in any
case in which a child has made an admission to or been adjudicated for a
violent felony offense as defined in KRS 532.200 until the expiration of a
three
(3)year period from the date of admission or adjudication.
(b)If the child has not received any additional public offense convictions during
the three
(3)year period from the date of admission or adjudication, all
records in the case shall be automatically sealed and shall not be disclosed
consistent with the provisions of this section.
(c)As used in this subsection, "admission" means a formal admission in a case,
on the record, upon the waiving of an adjudication hearing.
(8)No person, including school personnel, shall disclose any confidential record or any
information contained therein except as permitted by this section or other specific
section of KRS Chapters 600 to 645, or except as permitted by specific order of the
court.
(9)No person, including school personnel, authorized to obtain records pursuant to
KRS Chapters 600 to 645 shall obtain or attempt to obtain confidential records to
which he or she is not entitled or for purposes for which he or she is not permitted
to obtain them pursuant to KRS Chapters 600 to 645.
(10)No person, including school personnel, not authorized to obtain records pursuant to
KRS Chapters 600 to 645 shall obtain or attempt to obtain records which are made
confidential pursuant to KRS Chapters 600 to 645 except upon proper motion to a
court of competent jurisdiction.
(11)No person shall destroy or attempt to destroy any record required to be kept
pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to
KRS Chapters 600 to 645 and is authorized by the court upon proper motion and
good cause for the destruction being shown.
(12)As used in this section the term "KRS Chapters 600 to 645" includes any
administrative regulations which are lawfully promulgated pursuant to KRS
Chapters 600 to 645.
(13)Nothing in this section shall be construed to prohibit a crime victim from speaking
publicly after the adjudication about his or her case on matters within his or her
knowledge or on matters disclosed to the victim during any aspect of a juvenile
court proceeding.