Indiana
| Code | Subject Matter |
| Code § 31-38-1-1 | Family and Juvenile Law: Establishment of Local Coordinating Committees |
| Code § 31-38-1-2 | Establishment of Local Coordinating Committees - Members |
| Code § 31-38-1-3 | Establishment of Local Coordinating Committees - Quorum -- Voting |
| Code § 31-38-2-4 | Review of Proposed Restrictive Placements of Children by Local Coordinating Committees: Presence of probation officer |
| Code § 31-38-2-5 | Review of Proposed Restrictive Placements of Children by Local Coordinating Committees: Confidentiality |
| Code § 31-38-2-7 | Review of Proposed Restrictive Placements of Children by Local Coordinating Committees: Duties of committee |
| Code § 31-38-2-10 | Review of Proposed Restrictive Placements of Children by Local Coordinating Committees: Duties of department |
| Code § 31-39-1-1 | Confidentiality of Juvenile Court Records: Applicability of chapter |
| Code § 31-39-1-2 | Confidentiality of Juvenile Court Records: Protection of records from disclosure |
| Code § 31-39-2-1 | Persons Entitled to Access to Juvenile Court Records: Applicability of chapter |
| Code § 31-39-2-2 | Persons Entitled to Access to Juvenile Court Records: Judge or staff members |
| Code § 31-39-2-3 | Persons Entitled to Access to Juvenile Court Records: Parties and their attorneys -- Persons denied access to hearings |
| Code § 31-39-2-4 | Persons Entitled to Access to Juvenile Court Records: Judges or staff of courts having criminal jurisdiction |
| Code § 31-39-2-5 | Persons Entitled to Access to Juvenile Court Records: Prosecuting attorney and staff |
| Code § 31-39-2-6.5 | Persons Entitled to Access to Juvenile Court Records: Records may be released to entity listed in IC 31-39-9-1 without court order |
| Code § 31-39-2-7 | Persons Entitled to Access to Juvenile Court Records: Parents of child |
| Code § 31-39-2-8 | Persons Entitled to Access to Juvenile Court Records: Public -- Information or documents which may be released |
| Code § 31-39-2-9 | Persons Entitled to Access to Juvenile Court Records: Persons providing services to child or child's family |
| Code § 31-39-2-10 | Persons Entitled to Access to Juvenile Court Records: Persons having legitimate interest in the work of the court |
| Code § 31-39-2-11 | Persons Entitled to Access to Juvenile Court Records: Legitimate research activities -- Requirements |
| Code § 31-39-2-13.5 | Persons Entitled to Access to Juvenile Court Records: Employees of department, caseworkers, and juvenile probation officers |
| Code § 31-39-2-13.8 | Persons Entitled to Access to Juvenile Court Records: School access to juvenile court records -- Procedure -- Confidentiality |
| Code § 31-39-3-2 | Confidentiality of Law Enforcement Records: Public information |
| Code § 31-39-3-3 | Confidentiality of Law Enforcement Records: Records relating to detention of child in secure facility |
| Code § 31-39-3-4 | Confidentiality of Law Enforcement Records: Availability -- Protection from unauthorized disclosure |
| Code § 31-39-4-1 | Persons Entitled to Access to Law Enforcement Records: Applicability of chapter |
| Code § 31-39-4-2 | Persons Entitled to Access to Law Enforcement Records: Law enforcement officers |
| Code § 31-39-4-3 | Persons Entitled to Access to Law Enforcement Records: Judge or staff member of juvenile court |
| Code § 31-39-4-4 | Persons Entitled to Access to Law Enforcement Records: Parties and their attorneys |
| Code § 31-39-4-5 | Persons Entitled to Access to Law Enforcement Records: Judge or staff member of court having criminal jurisdiction |
| Code § 31-39-4-6 | Persons Entitled to Access to Law Enforcement Records: Prosecuting attorney or staff |
| Code § 31-39-4-7 | Persons Entitled to Access to Law Enforcement Records: Attorney for department or staff |
| Code § 31-39-4-8 | Persons Entitled to Access to Law Enforcement Records: Persons having legitimate interest in the work of the agency |
| Code § 31-39-4-9 | Persons Entitled to Access to Law Enforcement Records: Legitimate research activities |
| Code § 31-39-4-11 | Persons Entitled to Access to Law Enforcement Records: Release of child's name to victim for use in civil action for damages |
| Code § 31-39-4-12 | Persons Entitled to Access to Law Enforcement Records: Access order to be placed in file |
| Code § 31-39-4-13 | Persons Entitled to Access to Law Enforcement Records: Waiver |
| Code § 31-39-4-14 | Persons Entitled to Access to Law Enforcement Records: Jurisdiction and control over law enforcement records or discretion |
| Code § 20-33-7-3 | Parental Access to Student Records: Conditions for disclosure of records without consent of parent -- Immunity from civil liability |
| Code § 20-33-11-3 | Interrogation of a Student: Notice to parent of interrogation of student |
| Code § 20-33-11-4 | Interrogation of a Student: School policy requiring notice to parent must apply to all students |
| Code § 31-37-4-3 | Taking a Child Into Custody: Acts or crimes to which section applicable |
| Code § 31-39-9-1 | Entities and agencies that may exchange records concerning delinquent children |
| Code § 10-13-4-5 | "Juvenile justice agency" defined |
| Code § 35-50-8-1 | Judge to notify school officers of student's conviction or adjudication in Primary or Secondary School |
Title 31 Family Law and Juvenile Law
Article 38 Juvenile Law: Local Coordinating Committees
Chapter 1 Establishment of Local Coordinating Committees
Burns Ind. Code Ann. § 31-38-1-1 (2009)
A local coordinating committee is established in each county.
Each committee has the following members:
(1) The director of the county office of family and children or the director's designee.
(2) The director of the community mental health center or a managed care provider (as defined in IC 12-7-2-127(b)) serving the child's area of residence or the director's designee.
(3) The superintendent of the school corporation in which the child is legally settled or the superintendent's designee.
(4) The child's parent or guardian, who is a nonvoting member.
(5) If a guardian ad litem has been appointed, the child's guardian ad litem, who is a nonvoting member.
(6) If a special advocate has been appointed, the child's court appointed special advocate, who is a nonvoting member.
(7) If requested by the chairman, a representative of the local health department, who is a nonvoting member.
(8) If requested by the chairman, a representative of any other agency or community organization, who is a nonvoting member.
(a) A majority of the voting members of a committee constitutes a quorum.
(b) The committee may act only by an affirmative vote of a majority of the voting members present at the meeting. However, if a quorum of the committee cannot obtain a majority vote for any of the proposals or recommendations under consideration at a meeting, the committee shall report all of the proposals or recommendations to the referring agency.
Title 31 Family Law and Juvenile Law
Article 38 Juvenile Law: Local Coordinating Committees
Chapter 2 Review of Proposed Restrictive Placements of Children by
Local Coordinating Committees
Burns Ind. Code Ann. § 31-38-2-4 (2009)
31-38-2-4. Presence of probation officer.
If the referring agency is a court, a probation officer familiar with the proposed restrictive placement must be present at the committee meeting convened under section 2 [IC 31-38-2-2] of this chapter when the restrictive placement proposed by the court is being considered.
(a) Unless prohibited by federal law, information concerning a child that is confidential to a referring agency may be disclosed to another referring agency. However, the receiving agency shall treat the information as confidential.
(b) During any time that confidential information is being disclosed or discussed, the chairman of the committee shall exclude from the committee meeting any committee members or other persons who are not authorized to receive confidential information under subsection (a).
31-38-2-7. Duties of committee.
A local coordinating committee shall do the following whenever the committee convenes a meeting under section 2 [IC 31-38-2-2] of this chapter:
(1) Except as provided in section 9 [IC 31-38-2-9] of this chapter, review each restrictive placement proposed by a referring agency.
(2) Consider alternative placements or treatment plans and make recommendations to the referring agency.
(3) Develop and recommend a long range treatment plan for the child, including a treatment plan following the child's discharge from a restrictive placement.
(4) Exchange information concerning services for children available in the county with:
(A) members of the committee;
(B) referring agencies; and
(C) other community organizations.
However, confidential information concerning a child may not be disclosed except as provided in section 5(a) [IC 31-38-2-5(a)] of this chapter.
(5) Study the need for and availability of services for children in the county and make recommendations to the department.
(6) Provide information concerning the committee's actions and placement recommendations to the department in the form and to the extent requested by the department.
Title 31 Family Law and Juvenile Law
Article 38 Juvenile Law: Local Coordinating Committees
Chapter 2 Review of Proposed Restrictive Placements of Children by
Local Coordinating Committees
Burns Ind. Code Ann. § 31-38-2-10 (2009)
31-38-2-10. Duties of department.
The department shall:
(1) provide information to:
(A) each referring agency;
(B) the division of mental health and addiction; and
(C) the department of education;
concerning their duties and responsibilities under this chapter;
(2) organize local, regional, or statewide meetings necessary to prepare referring and member agencies for participation on a local coordinating committee;
(3) develop guidelines for local coordinating committees concerning the form and content of reports submitted to the department under this chapter;
(4) monitor and evaluate the performance of local coordinating committees; and
(5) make recommendations to the general assembly concerning the need for and availability of services for children in Indiana.
Title 31 Family Law and Juvenile Law
Article 39 Juvenile Law: Juvenile Records
Chapter 1 Confidentiality of Juvenile Court Records
Burns Ind. Code Ann. § 31-39-1-1 (2009)
31-39-1-1. Applicability of chapter.
(a) This chapter applies to all records of the juvenile court except the following:
(1) Records involving an adult charged with a crime or criminal contempt of court.
(2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
(b) The legal records subject to this chapter include the following:
(1) Chronological case summaries.
(2) Index entries.
(3) Summonses.
(4) Warrants.
(5) Petitions.
(6) Orders.
(7) Motions.
(8) Decrees.
31-39-1-2. Protection of records from disclosure.
All juvenile court records subject to this chapter are confidential and are available only in accordance with IC 31-39-2. The court shall take appropriate actions to protect juvenile court records governed by this chapter from unauthorized disclosure.
Title 31 Family Law and Juvenile Law
Article 39 Juvenile Law: Juvenile Records
Chapter 2 Persons Entitled to Access to Juvenile Court Records
Burns Ind. Code Ann. § 31-39-2-1 (2009)
31-39-2-1. Applicability of chapter.
(a) This chapter applies to all records of the juvenile court except the following:
(1) Records involving an adult charged with a crime or criminal contempt of court.
(2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
(b) The legal records subject to this chapter include the following:
(1) Chronological case summaries.
(2) Index summaries.
(3) Summonses.
(4) Warrants.
(5) Petitions.
(6) Orders.
(7) Motions.
(8) Decrees.
31-39-2-2. Judge or staff members.
The records of the juvenile court are available without a court order to the judge or any authorized staff member.
31-39-2-3. Parties and their attorneys -- Persons denied access to hearings.
(a) Except as provided in subsections (b) and (c), the records of the juvenile court are available without a court order to any party and the party's attorney. The party and the party's attorney may only review the records applicable to the proceeding in which the person is a party.
(b) A child excluded from a hearing under IC 31-32-6 may be denied access to records pertaining to that subject matter.
(c) A person who was denied access to a predisposition report or the records for a dispositional hearing may be denied access to that subject matter.
31-39-2-4. Judges or staff of courts having criminal jurisdiction.
The records of the juvenile court are available without a court order to the judge of a court having criminal jurisdiction or any authorized staff member if the record is to be used in a presentence investigation in that court.
31-39-2-5. Prosecuting attorney and staff.
The records of the juvenile court are available without a court order to the prosecuting attorney or any authorized staff member.
31-39-2-6.5. Records may be released to entity listed in IC 31-39-9-1 without court order.
A juvenile court may release court records to an entity listed in IC 31-39-9-1 without a court order.
The records of the juvenile court are available without a court order to the parents of a child whenever the custody or support of that child is in issue in an action initiated under IC 31-15 or IC 31-16 (or IC 31-1-11.5 before its repeal).
31-39-2-8. Public -- Information or documents which may be released.
(a) The records of the juvenile court are available without a court order to the public, subject to the restrictions in subsections (b) and (c), 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 (2) unrelated acts that would be misdemeanors if committed by an adult if the child was at least twelve (12) years of age when the acts were committed.
(3) An aggregate of five (5) unrelated acts that would be misdemeanors if committed by an adult if the child was less than twelve (12) years of age when the acts were committed.
(b) Only the following information or documents may be released under this section:
(1) The child's name.
(2) The child's age.
(3) The nature of the offense.
(4) Chronological case summaries.
(5) Index entries.
(6) Summonses.
(7) Warrants.
(8) Petitions.
(9) Orders.
(10) Motions, excluding:
(A) motions concerning psychological evaluations; and
(B) motions concerning child abuse and neglect.
(11) Decrees.
(12) If the child is adjudicated as a delinquent child for an act or combination of acts described in subsection (a)(1), (a)(2), or (a)(3), the child's photograph.
(c) The clerk of the juvenile court shall place all other records of the child alleged to be or adjudicated as a delinquent child in an envelope marked "confidential" inside the court's file pertaining to the child. Records placed in the confidential envelope may only be released to persons who are allowed disclosure under this section or section 2, 3, 4, 5, 6, 7 or 10 [IC 31-39-2-2, IC 31-39-2-3, IC 31-39-2-4, IC 31-39-2-5, IC 31-39-2-6, IC 31-39-2-7 or IC 31-39-2-10] of this chapter. The identifying information of any child who is a victim or a witness shall remain confidential under this section.
31-39-2-9. Persons providing services to child or child's family.
The juvenile court may grant any person providing services to the child or the child's family access to the records on the child and the child's family.
31-39-2-10. Persons having legitimate interest in the work of the court.
(a) Subject to section 15 [IC 31-39-2-15] of this chapter, 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:
(1) the alleged commission of an act that would be murder or a felony if committed by an adult; or
(2) the alleged commission of an act that would be part of a pattern of less serious offenses.
(b) A person having access to the records under this section is not bound by the confidentiality provisions of IC 31-39-1 and may disclose the contents of the records.
31-39-2-11. Legitimate research activities -- Requirements.
The juvenile court shall grant any person involved in a legitimate research activity access to the court's confidential records if:
(1) the person conducting the research provides written information about:
(A) the purpose of the person's project, including any intent to publish the person's findings;
(B) the nature of the data the person seeks to collect and how the person intends to analyze the data;
(C) the records the person seeks to review; and
(D) the safeguards the person will take to protect the identity of the persons whose records the person will be reviewing;
(2) the proposed safeguards are adequate to protect the identity of each person whose records the researcher will review;
(3) the court informs the researcher of the provisions of IC 31-39-1 and this chapter, including the criminal liability of a person who recklessly fails to protect the records; and
(4) an agreement is executed between the court and the person responsible for the research that specifies the terms of the researcher's use of the records.
31-39-2-13.5. Employees of department, caseworkers, and juvenile probation officers.
The records of the juvenile court are available without a court order to an employee of the department of child services, a caseworker, or a juvenile probation officer conducting a criminal history check (as defined in IC 31-9-2-22.5) under IC 31-26-5-3, IC 31-34, or IC 31-37 to determine the appropriateness of an out-of-home placement for a:
(1) child at imminent risk of placement;
(2) child in need of services; or
(3) delinquent child.
31-39-2-13.8. School access to juvenile court records -- Procedure -- Confidentiality.
(a) The juvenile court may grant a school access to all or a portion of the juvenile court records of a child who is a student at the school if:
(1) the superintendent, or the superintendent's designee;
(2) the chief administrative officer of a nonpublic school, or the chief administrative officer's designee; or
(3) the individual with administrative control within a charter school, or the individual's designee; submits a written request that meets the requirements of subsection (b).
(b) A written request must establish that the juvenile court records described in subsection (a) are necessary for the school to:
(1) serve the educational needs of the child whose records are being released; or
(2) protect the safety or health of a student, an employee, or a volunteer at the school.
(c) A juvenile court that releases juvenile court records under this section shall provide notice to the child and to the child's parent, guardian, or custodian that the child's juvenile records have been disclosed to the school.
(d) A juvenile court that releases juvenile court records under this section shall issue an order requiring the school to keep the juvenile court records confidential. A confidentiality order issued under this subsection does not prohibit a school that receives juvenile court records from forwarding the juvenile records to:
(1) another school;
(2) a person if a parent, guardian, or custodian of the child consents to the release of the juvenile court records to the person; or
(3) an entity listed in IC 31-39-9-1.
A school or a person that receives juvenile court records under this subsection must keep the juvenile court records confidential.
Title 31 Family Law and Juvenile Law
Article 39 Juvenile Law: Juvenile Records
Chapter 3 Confidentiality of Law Enforcement Records
Burns Ind. Code Ann. § 31-39-3-2 (2009)
31-39-3-2. Public information.
The following information contained in records involving allegations of delinquency that would be a crime if committed by an adult is considered public information:
(1) The nature of the offense allegedly committed and the circumstances immediately surrounding the alleged offense, including the time, location, and property involved.
(2) The identity of any victim.
(3) A description of the method of apprehension.
(4) Any instrument of physical force used.
(5) The identity of any officers assigned to the investigation, except for the undercover units.
(6) The age and sex of any child apprehended or sought for the alleged commission of the offense.
(7) The identity of a child, if the child is apprehended or sought for the alleged commission of:
(A) an offense over which a juvenile court does not have jurisdiction under IC 31-30-1-2 and IC 31-30-1-4; or
(B) an act specified under IC 31-30-3-3.
31-39-3-3. Records relating to detention of child in secure facility.
Records relating to the detention of any child in a secure facility shall be open to public inspection.
31-39-3-4. Availability -- Protection from unauthorized disclosure.
(a) All law enforcement records except those described in sections 2 and 3 [IC 31-39-3-2 and IC 31-39-3-3] of this chapter are confidential and are available only in accordance with IC 31-39-4.
(b) Each law enforcement agency shall take appropriate actions to protect the records described in subsection (a) from unauthorized disclosure.
Title 31 Family Law and Juvenile Law
Article 39 Juvenile Law: Juvenile Records
Chapter 4 Persons Entitled to Access to Law Enforcement Records
Burns Ind. Code Ann. § 31-39-4-1 (2009)
31-39-4-1. Applicability of chapter.
This chapter applies to all law enforcement records involving allegations that a child is a delinquent child or a child in need of services.
31-39-4-2. Law enforcement officers.
The records of a law enforcement agency are available, without specific permission from the head of the agency, to a law enforcement officer acting within the scope of the officer's lawful duties.
31-39-4-3. Judge or staff member of juvenile court.
The records of a law enforcement agency are available, without specific permission from the head of the agency, to the judge of the juvenile court or any authorized staff member.
31-39-4-4. Parties and their attorneys -- Persons denied access to hearings, predispositional reports, or dispositional hearing records.
(a) The records of a law enforcement agency are available, without specific permission from the head of the agency, to any party to a juvenile court proceeding and the party's attorney. However, a:
(1) child excluded from a hearing by IC 31-32-6 may be denied access to records pertaining to that subject matter; and
(2) person who was denied access to a predispositional report or the records for a dispositional hearing may be denied access to that subject matter.
(b) The party and the party's attorney may only review the records applicable to the proceeding in which the person is a party.
31-39-4-5. Judge or staff member of court having criminal jurisdiction.
The records of a law enforcement agency are available, without specific permission from the head of the agency, to the judge of a court having criminal jurisdiction or any authorized staff member if the record is to be used in a presentence investigation in that court.
31-39-4-6. Prosecuting attorney or staff.
The records of a law enforcement agency are available, without specific permission from the head of the agency, to the prosecuting attorney or any authorized member of the staff of the prosecuting attorney.
31-39-4-7. Attorney for department or staff.
The records of a law enforcement agency are available, without specific permission from the head of the agency, to the attorney for the department of child services or any authorized staff member.
31-39-4-8. Persons having legitimate interest in the work of the agency.
(a) 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. In exercising discretion, the head of a law enforcement agency 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:
(1) the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult; and
(2) the identity of anyone charged with the alleged commission of an act that would be part of a pattern of less serious offenses.
(b) A person having access to records under this section is not bound by the confidentiality provisions of IC 31-39-3 and may disclose the contents of the records.
31-39-4-9. Legitimate research activities.
The head of a law enforcement agency may grant any person involved in a legitimate research activity access to the agency's confidential records if:
(1) the person conducting the research provides written information about:
(A) the purpose of the person's project, including any intent to publish the person's findings;
(B) the nature of the data the person seeks to collect and how the person intends to analyze the data;
(C) the records the person seeks to review; and
(D) the safeguards the person will take to protect the identity of the persons whose records will be reviewed;
(2) the proposed safeguards are adequate to protect the identity of each person whose records the researcher will review;
(3) the agency informs the researcher of the provisions of this section including the criminal liability of a person who recklessly fails to protect the records; and
(4) an agreement is executed between the agency and the person responsible for the research that specifies the terms of the researcher's use of the records.
31-39-4-11. Release of child's name to victim for use in civil action for damages.
The victim of a delinquent act may ask a law enforcement agency if there is probable cause to believe that a specified child committed the act. The head of the agency shall release the child's name to the victim if the victim requires the name to proceed with a civil action for damages.
31-39-4-12. Access order to be placed in file.
Whenever the head of a law enforcement agency grants access to the agency's records, that person shall place a copy of the access order in the file of each person to whose records the order applies. However, if the access order is a general access order or an agreement under section 9 [IC 31-39-4-9] of this chapter (or IC 31-6-8-1.2(d) before its repeal), the copy shall be placed in a general file containing all general access orders or agreements.
A person who is at least eighteen (18) years of age may waive the restrictions on access to the person's records if the person does so in writing, stating the terms of the waiver.
31-39-4-14. Jurisdiction and control over law enforcement records or discretion not to be exercised by juvenile court judge or judge's employees.
A judge of a juvenile court or the judge's employees may not exercise any jurisdiction or control over:
(1) records kept and maintained by law enforcement agencies relating to juveniles; and
(2) the discretion granted to heads of law enforcement agencies to release, or to grant access to, records and information unless otherwise specifically provided in the juvenile law, including IC 31-37-4-3 and IC 31-39-9. Any specific authority that is granted does not imply the existence of any other jurisdiction or control.
Title 20 Education
Article 33 Students: General Provisions
Chapter 7 Parental Access to Student Records
Burns Ind. Code Ann. § 20-33-7-3 (2009)
20-33-7-3. Conditions for disclosure of records to juvenile justice agency without consent of parent -- Immunity from civil liability.
(a) As used in this section, "juvenile justice agency" has the meaning set forth in IC 10-13-4-5.
(b) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act ( 20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent under the following conditions:
(1) The disclosure or reporting of education records is to a state or local juvenile justice agency.
(2) The disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose records are being released.
(3) The juvenile justice agency receiving the information certifies, in writing, to the entity providing the information that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child's parent.
(c) For purposes of subsection (b)(2), a disclosure or reporting of education records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication if the juvenile justice agency seeking the information provides sufficient information to enable the keeper of the education records to determine that the juvenile justice agency seeks the information in order to identify and intervene with the child as a juvenile at risk of delinquency rather than to obtain information solely related to supervision of the child as an adjudicated delinquent child.
(d) A school corporation to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act ( 20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent, if the child has been suspended or expelled and referred to a court in accordance with an agreement for court assisted resolution of suspension and expulsion cases under IC 20-33-8.5. The request for the education records of a child by a court must be for the purpose of assisting the child before adjudication.
(e) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act ( 20 U.S.C. 1232g) apply that:
(1) discloses or reports on the education records of a child, including personally identifiable information contained in the education records, in violation of this section; and
(2) makes a good faith effort to comply with this section; is immune from civil liability.
Title 20 Education
Article 33 Students: General Provisions
Chapter 11 Interrogation of a Student
Burns Ind. Code Ann. § 20-33-11-3 (2009)
20-33-11-3. Notice to parent of interrogation of student.
(a) This section applies if a school does not have a policy that requires a student's parent to be notified if the student is interrogated on school property by a law enforcement officer.
(b) If a student who is at least eighteen (18) years of age is interrogated by a law enforcement officer:
(1) on school property; and
(2) regarding an investigation in which the student may be a suspect;
the school principal must make an effort to immediately notify the student's parent of the interrogation, or if immediate notification is not possible, the school principal must notify the student's parent not later than twelve (12) hours after the interrogation occurs. This subsection does not require the presence of a student's parent at the interrogation if the student is eighteen (18) years of age or older.
20-33-11-4. School policy requiring notice to parent must apply to all students.
If a school has a policy that requires a student's parent to be notified by a designated school employee if the student is interrogated on school property by a law enforcement officer, the school policy must apply to all students, regardless of the age of the student.
Title 31 Family Law and Juvenile Law
Article 37 Juvenile Law: Delinquency
Chapter 4 Taking a Child Into Custody
Burns Ind. Code Ann. § 31-37-4-3 (2009)
31-37-4-3. Acts or crimes to which section applicable -- Procedure for notifying school officials when child taken into custody for crime or act.
(a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class C felony.
(17) Trafficking with an inmate as a Class C felony (IC 35-44-3-9).
(18) Causing death when operating a motor vehicle (IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a Class A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a), the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.
Title 31 Family Law and Juvenile Law
Article 39 Juvenile Law: Juvenile Records
Chapter 9 Exchange of Information Concerning Delinquent Children
Burns Ind. Code Ann. § 31-39-9-1 (2009)
31-39-9-1. Entities and agencies that may exchange records concerning delinquent children.
The following entities and agencies may exchange records of a child who is a child in need of services or has been determined to be a delinquent child under IC 31-37-1-2, if the information or records are not confidential under state or federal law:
(1) A court.
(2) A law enforcement agency.
(3) The department of correction.
(4) The department of child services.
(5) The office of the secretary of family and social services.
(6) A primary or secondary school, including a public or nonpublic school.
Title 10 State Police, Civil Defense And Military Affairs
Article 13 State Police Data and Information Programs
Chapter 4 Juvenile History Information
Burns Ind. Code Ann. § 10-13-4-5 (2009)
10-13-4-5. "Juvenile justice agency" defined.
As used in this chapter, "juvenile justice agency" means an agency or department of any level of government, the functions of which include juvenile justice activities included under IC 5-2-6-1.
Title 35 Criminal Law and Procedure
Article 50 Sentences
Chapter 8 Primary or Secondary School Student Delinquency and Criminal
Conviction Information
Burns Ind. Code Ann. § 35-50-8-1 (2009)
35-50-8-1. Judge to notify school officers of student's conviction or adjudication.
(a) If an individual is enrolled in a primary or secondary school, including a public or nonpublic school, and:
(1) is convicted of:
(A) a Class A felony;
(B) a Class B felony;
(C) a Class C felony; or
(D) at least two (2) Class D felonies; or
(2) has been adjudicated as a delinquent child for:
(A) an act that would be:
(i) a Class A felony;
(ii) a Class B felony; or
(iii) a Class C felony; or
(B) acts that would be at least two (2) Class D felonies;
if committed by an adult;
the judge who presided over the trial, accepted the plea agreement, or adjudicated the child a delinquent child shall give written notification of the conviction or adjudication to the chief administrative officer of the primary or secondary school, including a public or nonpublic school, or, if the individual is enrolled in a public school, the superintendent of the school district in which the individual is enrolled.
(b) Notification under subsection (a) must occur within seven (7) days after the conclusion of the trial, the date a plea agreement is accepted, or the date the child is adjudicated a delinquent child.
(c) The notification sent to a school or school district under subsection (a) must include only:
(1) the felony for which the individual was convicted or that the individual would have committed if the individual were an adult; and
(2) the individual's sentence or juvenile law disposition.
(d) If the court later modifies the individual's sentence or juvenile law disposition after giving notice under this section, the court shall notify the school or the school district in which the individual is enrolled of the sentence or disposition modification.