§ 9-27-309 - Confidentiality of records.
               	 		
9-27-309.    Confidentiality of records.
    (a)  All records may be closed and confidential within the discretion of the circuit court, except:
      (1)  Adoption  records, including any part of a dependency-neglect record that  includes adoption records, shall be closed and confidential as provided  in the Revised Uniform Adoption Act,    9-9-201 et seq.;
      (2)  Records  of delinquency adjudications for which a juvenile could have been tried  as an adult shall be made available to prosecuting attorneys for use at  sentencing if the juvenile is subsequently tried as an adult or to  determine if the juvenile should be tried as an adult; and
      (3)  Records  of delinquency adjudications for a juvenile adjudicated delinquent for  any felony or a Class A misdemeanor wherein violence or a weapon was  involved shall be made available to the Arkansas Crime Information  Center.
(b)    (1)    (A)  Records  of delinquency adjudications for which a juvenile could have been tried  as an adult shall be kept for ten (10) years after the last  adjudication of delinquency or the date of a plea of guilty or nolo  contendere or a finding of guilt as an adult.
            (B)  Thereafter they may be expunged.
      (2)  The  court may expunge other juvenile records at any time and shall expunge  all the records of a juvenile upon his or her twenty-first birthday, in  other types of delinquency, dependency-neglect, or families in need of  services cases.
      (3)  For purposes of this section, "expunge" means to destroy.
(c)  Records  of juveniles who are designated as extended juvenile jurisdiction  offenders shall be kept for ten (10) years after the last adjudication  of delinquency, date of plea of guilty or nolo contendere, or finding of  guilt as an adult or until the juvenile's twenty-first birthday,  whichever is longer.
(d)    (1)  If  an adult criminal sentence is imposed on an extended juvenile  jurisdiction offender, the record of that case shall be considered an  adult criminal record.
      (2)    (A)  The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records.
            (B)  The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case.
(e)  This  section does not apply to nor restrict the use or publication of  statistics, data, or other materials that summarize or refer to any  records, reports, statements, notes, or other information in the  aggregate and that do not refer to or disclose the identity of any  juvenile defendant in any proceeding when used only for the purpose of  research and study.
(f)  This  subchapter does not preclude prosecuting attorneys or the court from  providing information, upon written request, concerning the disposition  of juveniles who have been adjudicated delinquent to:
      (1)  The victim or his or her next of kin; or
      (2)  The school superintendent of the school district in which the juvenile is currently enrolled.
(g)  When  a juvenile is adjudicated delinquent for an offense for which he or she  could have been charged as an adult or for unlawful possession of a  handgun,    5-73-119, the prosecuting attorney shall notify the school  superintendent of the school district in which the juvenile is currently  enrolled.
(h)  Information provided  pursuant to subsections (f) and (g) of this section shall not be  released in violation of any state or federal law protecting the privacy  of the juvenile.
(i)    (1)  If  a juvenile is arrested for unlawful possession of a firearm under     5-73-119, an offense involving a deadly weapon under    5-1-102, or  battery in the first degree under    5-13-201, the arresting agency shall  as soon as practical and with all reasonable haste cause written  notification of the arrest to be given to the superintendent of the  school district in which the juvenile is currently enrolled.
      (2)    (A)  The  superintendent shall then notify the principal and the resource officer  of the school in which the juvenile is currently enrolled.
            (B)  The  arrest information shall be treated as confidential information and  shall not be disclosed by the superintendent to any person other than  the principal and resource officer, who shall also maintain the  information as confidential.
      (3)  The  arrest information shall be used by the school only for the limited  purpose of obtaining services for the juvenile or to ensure school  safety.
(j)  Records of the arrest of  a juvenile, the detention of a juvenile, and the proceedings under this  subchapter shall be confidential and shall not be subject to disclosure  under the Freedom of Information Act of 1967,    25-19-101 et seq.,  unless:
      (1)  Authorized by a written order of the juvenile division of circuit court; or
      (2)  The  arrest or the proceedings under this subchapter result in the  juvenile's being formally charged in the criminal division of circuit  court for a felony.
(k)  Information  regarding the arrest or detention of a juvenile and related proceedings  under this subchapter shall be confidential unless the exchange of  information is:
      (1)  For the purpose of obtaining services for the juvenile or to ensure public safety;
      (2)  Reasonably necessary to achieve one (1) or both purposes; and
      (3)  Under a written order by the circuit court.
(l)    (1)  The information may be given only to the following persons:
            (A)  A school counselor;
            (B)  A juvenile court probation officer or caseworker;
            (C)  A law enforcement officer;
            (D)  A spiritual representative designated by the juvenile or his or her parents or legal guardian;
            (E)  A Department of Human Services caseworker;
            (F)  A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile;
            (G)  A Department of Health representative; or
            (H)  The juvenile's attorney ad litem or other court-appointed special advocate.
      (2)  The  persons listed in subdivision (l)(1) of this section may meet to  exchange information, to discuss options for assistance to the juvenile,  to develop and implement a plan of action to assist the juvenile, and  to ensure public safety.
      (3)  The  juvenile and his or her parent or legal guardian shall be notified  within a reasonable time before a meeting and may attend any meeting of  the persons referred to in subdivision (l)(1) of this section when three  (3) or more individuals meet to discuss assistance for the juvenile or  protection of the public due to the juvenile's behavior.
      (4)  Medical  records, psychiatric records, psychological records, and related  information shall remain confidential unless the juvenile's parent or  legal guardian waives confidentiality in writing specifically describing  the records to be disclosed between the persons listed in subdivision  (l)(1) of this section and the purpose for the disclosure.
      (5)  Persons  listed in subdivision (l)(1) of this section who exchange any  information referred to in this section may be held civilly liable for  disclosure of the information if the person does not comply with  limitations set forth in this section.
(m)    (1)  When  a court orders that a juvenile have a safety plan that restricts or  requires supervised contact with another juvenile or juveniles as it  relates to student safety, the court shall direct that a copy of the  safety plan and a copy of the court order regarding the safety plan  concerning student safety be provided to the school superintendent and  principal where the juvenile is enrolled.
      (2)  When  a court order amends or removes any safety plan outlined in subdivision  (m)(1) of this section, the court shall direct that a copy of the  safety plan and a copy of the court order regarding the safety plan, as  it relates to student safety, be provided to the school superintendent  and principal where the juvenile is enrolled.
      (3)  The  superintendent or principal shall provide verbal notification only to  school officials who are necessary to implement the safety plan as  ordered by the court to ensure student safety. This verbal notification  may only be provided to assistant principals, counselors, and the school  employee who is primarily responsible for the juvenile learning  environment where the juvenile is currently enrolled, and bus drivers if  applicable.
      (4)  Any school  officials that receive a court order and safety plan or information  concerning the court order and safety plan shall:
            (A)  Keep  the information confidential and shall sign a statement not to disclose  the information concerning the court order and safety plan that shall  be kept by the superintendent or principal along with the court order  and safety plan;
            (B)  Keep the  information confidential and shall not disclose the information to any  person not listed in subdivision (l)(1) of this section;
            (C)  Include the information in the juvenile's permanent educational records; and
            (D)    (i)  Treat  the information and documentation contained in the court order as  education records under the Family Educational Rights and Privacy Act,  20 U.S.C.    1232g.
                  (ii)  A  school official shall not release, disclose, or make available the  information and documentation contained in the court order for  inspection to any party except as permitted under the Family Educational  Rights and Privacy Act, 20 U.S.C.    1232g.
                  (iii)  However,  the local education agency shall not under any circumstance release,  disclose, or make available for inspection to the public, any college,  university, institution of higher learning, vocational or trade school,  or any past, present, or future employer of the student the court order  or safety plan portion of a student record.
      (5)  When  a student attains an age that he or she is no longer under the  jurisdiction of the juvenile division of circuit court, the safety plan  and the order regarding the safety plan shall be removed from the  juvenile's permanent records at the local education agency and  destroyed.