Access to Juvenile Courts

State-by-state guide:

Indiana

Ind. Code Ann. § 31-32-6-2 (1998): The juvenile court shall determine whether the public should be excluded from a proceeding, other than the open juvenile proceeding described in § 31-32-6-3 (see below).

Ind. Code Ann. § 31-32-6-3 (1998): A delinquency proceeding is open to the public whenever a petition alleges that a child has committed an act that would be murder or a felony if committed by an adult.

Ind. Code Ann. § 31-33-18-1 (1998): With regard to child abuse and neglect cases, reports in the possession of the division of family and children, the county office of family and children, or the local child protection service are confidential.

Ind. Code Ann. § 31-39-2-8 (1998): The records of the juvenile court are available without a court order to the public whenever a petition has been filed alleging that a child is delinquent as the result of any of the following alleged acts or combination of alleged acts: (1) An act that would be murder or a felony if committed by an adult; (2) An aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child was at least 12 years of age when the acts were committed; or (3) An aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child was less than 12 years of age when the acts were committed. However, the public may only have access to the child’s name; his/her age; the nature of the offense; chronological case summaries; index entries; summonses; warrants; petitions; orders; select motions; degrees, and photographs.

Ind. Code Ann. § 31-39-2-10 (1998): The juvenile court may grant any person having a legitimate interest in the work of the court or in a particular case access to the court’s legal records. In exercising its discretion, the court shall consider that the best interests of the safety and welfare of the community are generally served by the public’s ability to obtain information about the alleged commission of an act that would be murder or a felony if committed by an adult; or the alleged commission of an act that would be part of a pattern of less serious offenses.

Ind. Code Ann. § 31-39-3-2 (1998): The following information contained in law enforcement records involving allegations of delinquency that would be a crime if committed by an adult is considered public information: the nature of the offense allegedly committed and the circumstances immediately surrounding the alleged offense, including the time, location, and property involved; the identity of any victim; a description of the method of apprehension; any instrument of physical force used; the identity of any officers assigned to the investigation, except for the undercover units; the age and sex of any child apprehended or sought for the alleged commission of the offense; and, under limited circumstances, the child’s identity.

Ind. Code Ann. § 31-39-4-8 (1998): The head of a law enforcement agency or that person’s designee may grant any person having a legitimate interest in the work of the agency or in a particular case access to the agency’s confidential records.

Waiver hearing: The Indiana Supreme Court affirmed an order denying closure of a transfer hearing. Lower courts must weigh the need to protect a juvenile from dissemination of information against constitutional guarantees of a free press to decide whether media should be allowed access to records and court proceedings. Taylor v. State, 438 N.E.2d 275 (Ind. 1982), citing State v. Shelby Superior Court. 396 N.E.2d 337 (Ind. 1979).


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