VIII. Proceedings involving minors

Overview

Indiana

See generally Indiana Administrative Rule 9(G) (as amended effective Jan. 1, 2011):

(1) Case records. The following information in case records is excluded from public access and is confidential:

(a) Information that is excluded from public access pursuant to federal law;

(b) Information that is excluded from public access as declared confidential by Indiana statute or other court rule, including without limitation:

. . .

(vi) Records of juvenile proceedings as declared confidential by Ind. Code § 31-39-1-2, except those specifically open under statute . . .

Note: The revised (2011) commentary accompanying Rule 9 provides, in part:

“Several state statutes address access to certain confidential court records, including but not limited to Ind. Code § 31-39-2-10 (involving access to juvenile records) and Ind. Code § 16-41-8-1 et seq., (involving procedures for handling medical records of persons accused of a “potentially disease causing offense”). Indiana Administrative Rule 9 and its requirements concerning access to confidential records should guide the actions of judicial officers when considering granting access to records made confidential by statute.”

See also, e.g.,In re TB, 895 N.E.2d 321 (Ind. App. 2008) (discussing release of various records involving minor); In re KB, 894 N.E.2d 1013 (2008) (discussing release of records in “Child in Need of Services” cases).

Taylor v. State, 438 N.E.2d 275, 280 (Ind. 1982) (“The state's interest in preserving the anonymity of juvenile offenders is one which the United States Supreme Court has characterized as ‘a matter of its own policy in the administration of criminal justice.’Davis v. Alaska, 415 U.S. 308, 319 (1974).” (parallel citation omitted).)