Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 7 - Youth Services › Subchapter A - Administration › Section I-701 - Access to and Release of Active and Inactive Records-Youth [Formerly Section 102]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. To
				  establish the secretary's policy and procedures for access to and release of
				  records of active and inactive juvenile records.
B. Applicability. This regulation applies to
				  all persons employed by the department and those who are under contract with
				  the department. The deputy secretary, assistant secretary of the Office of
				  Youth Development, wardens of juvenile facilities, and the probation and parole
				  program director/juvenile are responsible for implementing this regulation and
				  conveying its contents to all affected persons.
C. Definition
Law Enforcement Agencies
-those agencies
					 designed to enforce federal, state or municipal laws and who receive public
					 funds as their primary source for operation, i.e., sheriff's offices, local and
					 state police departments, departments of corrections, state attorneys general,
					 U.S. attorneys, district attorneys, and the Federal Bureau of
					 Investigation.
D. Release
				  of Information and Records
1. All information
				  obtained on a juvenile shall be confidential and shall not be subject to public
				  inspection or be disclosed directly or indirectly to anyone except in
				  accordance with this regulation. None of the provisions contained herein are
				  intended to restrict the ability of the department to provide any contract
				  facility with full and complete information on any juvenile housed
				  therein.
2. Generally, written
				  consent by the juvenile, parent or guardian or attorney of record is required
				  before a person may be granted access to the juvenile's case files. Access
				  includes viewing the record and receiving copies of documents from a juvenile's
				  record.
3. Release of Initial
				  Documents to Attorney (Initial Contact-No Attorney Client Relationship Yet).
				  Upon receipt of a completed written consent form executed by the juvenile (see
				  Subsection M), the institution may provide copies of the following information
				  to an attorney who has met with the juvenile and requested information:
a. JIRMS Master (JPRNMASA);
b. disciplinary reports for the
				  quarter;
c. court
				  documents;
d. time computation
				  worksheet;
e. custody
				  classification/reclassification for the preceding two quarters;
f. a listing of programs completed including
				  alcohol/drug abuse education. However, no acknowledgment of the juvenile's
				  alcohol/ drug abuse treatment may be given.
4. Release of Records upon Establishment of
				  Attorney Client Relationship. An attorney client relationship sufficient to
				  allow release of a juvenile's record is established upon the occurrence of the
				  following:
a. juveniles age 18 and older:
i. receipt of a written consent form executed
				  by the juvenile (see Subsection N) of his intent to be represented by the
				  attorney named therein;
b. juveniles under age 18:
i. in order to release information from the
				  record of a juvenile, the institution will require receipt of a written consent
				  form (see Subsection O) executed by the parent/guardian of the juvenile;
				  or
c. alternatively,
				  release may also be accomplished through the occurrence of all of the
				  following:
i. juvenile has affirmed his intent
				  through execution of a written document to enter into an attorney client
				  relationship with a particular attorney or law firm and a release form is
				  executed by the juvenile which allows general access by the attorney to the
				  juvenile's record (see Subsection N). Additionally, if the juvenile intends to
				  allow release of records pertaining to education, alcohol/drug abuse treatment
				  or HIV/AIDS status, the juvenile must execute a specific confidentiality waiver
				  for each individual category of documents; and
ii. receipt by the institution housing the
				  juvenile of a copy of the letter written by the attorney, notifying the
				  juvenile's parent/guardian that the juvenile has requested the attorney to
				  represent him. The letter must contain language directing the parent/guardian
				  to notify the institution or the court of juvenile jurisdiction, should the
				  parent object to the representation and/or access to records; and
iii. receipt of postal "Proof of Mailing"
				  verifying that the letter in Clause D.4.c.i. above has been mailed to the
				  parent/guardian; and
iv. receipt of
				  a written statement made by the attorney attesting that he/she has made efforts
				  to contact the parent/guardian; and
v. at least 10 business days have elapsed
				  since receipt by the institution of all documents listed in Clause D.4.c.i.
				  through iv above, and the parent/guardian has not voiced an objection. Once the
				  attorney client relationship is established whether through a consent form
				  executed by the parent/guardian or through the provision of documents required
				  in Clause D.4.c.i through v above, the documents shall be filed in the
				  juvenile's case file at Clip 8. Establishment of the attorney client
				  relationship shall also be entered in the JIRMS.
5. Information on a particular
				  juvenile may be released without special authorization, subject to other
				  restrictions that may be imposed by federal law or by other provisions of state
				  law, to the following:
a. Board of
				  Parole;
b. Board of
				  Pardons;
c. governor;
d. sentencing judge;
e. counsel for a juvenile in a delinquency
				  matter;
f. district
				  attorneys;
g. law enforcement
				  agencies;
h. Department of Public
				  Safety and Corrections personnel, including legal representatives and student
				  workers;
i. appropriate
				  governmental agencies or public official, when access to such information is
				  imperative for the discharge of the responsibilities of the requesting agency,
				  official or court officer and the information if not reasonably available
				  through any other means; and
j.
				  court officers with court orders specifying the information
				  requested.
6.
				  Fingerprints, photographs, and information pertaining to arrests and
				  disposition of delinquent offenses, as well as information regarding escapes
				  may be released to law enforcement agencies without special
				  authorization.
7. The secretary or
				  his designee may approve the reading of information to the following:
a. social services agencies assisting in the
				  treatment of juvenile;
b.
				  appropriate governmental agencies or officials;
c. approved researchers who have guaranteed
				  in writing anonymity of all subjects.
8. The secretary or his designee may approve
				  selective reading (but not copying) of information by a private citizen or
				  organization aiding in the rehabilitation of, or being directly involved in the
				  hiring of, the juvenile under the following conditions, when:
a. it appears that the withholding of the
				  information would be to the juvenile's disadvantage;
b. the requested information is necessary to
				  further the rehabilitation or the likelihood of hiring the juvenile;
c. the requested information is not
				  reasonably available through other means;
d. the juvenile or his parent or guardian has
				  given written consent for the release of information.