7 AAC 52.050. Records and client information

(a) A juvenile correctional facility shall maintain case records of resident juveniles. All resident records are confidential and may be disclosed only as authorized by the court or as may be allowed by law.

(b) A facility shall adopt procedures to provide for the security of case records.

(c) A facility superintendent shall ensure that information on residents is made available to a law enforcement agency when that agency makes a request for information related to a specific investigation.

(d) A facility superintendent shall ensure that appropriate case information is made available to individuals or agencies who have a legal right to information on residents. This information should support public or school safety; facilitate victim and community reparation for a loss caused by a juvenile offender; support the development of a juvenile's academic, social, emotional, or physical development to reduce the likelihood of subsequent law violations; or support the juvenile's family to ensure supervision, guidance, and control of the juvenile. Those who are entitled to appropriate information include

(1) a guardian ad litem;

(2) a person or agency providing services to the juvenile or the juvenile's family at the request of the department;

(3) school officials;

(4) a government agency seeking physical custody of a juvenile;

(5) a law enforcement agency;

(6) a victim or the victim's insurance company;

(7) a state medical examiner; and

(8) a foster parent or relative with whom a juvenile may be placed.

(e) If an employee of a juvenile correctional facility learns of a threat by a juvenile to the physical safety of another person, and it appears possible that such a threat might be carried out, the employee shall give notice to a law enforcement officer as soon as possible, and in a way that will cause the least damage to the juvenile's confidentiality.

(f) Upon the request of a victim, a facility superintendent or the superintendent's designee shall provide information regarding the release of a juvenile from placement in a juvenile facility. The department will make every reasonable effort to notify the victim as soon as practicable by telephone or in writing of the expected date of the juvenile's release, the geographic area in which it is anticipated that the juvenile will reside, and other pertinent information concerning the juvenile's conditions of release that might affect the victim.

(g) The department will, in its discretion, disclose case information to the governor, lieutenant governor, a legislator, the ombudsman, attorney general, and commissioners of health and social services, administration, or public safety, or employees of these officials for review or use in their official capacity.

(h) A facility employee may voluntarily appear, and, if required by a court, shall appear, and give testimony in a hearing that is directly related to the operation of juvenile justice services programs, including the following:

(1) in a children's, mental commitment, guardianship, or conservatorship proceeding, if a recipient of juvenile justice services is the subject of the proceeding;

(2) in a child support, custody, or divorce proceeding to testify concerning the minor children involved; or

(3) in a prosecution for illegal activity in the facility.

(i) A facility employee may not testify in a hearing not related to the operation of juvenile justice programs with respect to any safeguarded information, except where a court, having been informed of the existence of the statutes and regulations prohibiting disclosure, orders the disclosure.

(j) A facility superintendent may disclose information to a person doing research or maintaining health statistics, if the anonymity of the juvenile is assured, and the department recognizes the project as a bona fide research or statistical undertaking.

History: Eff. 7/3/80, Register 74; am 1/14/2000, Register 153

Authority: AS 47.05.010

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