HB 104: "An Act relating to disclosures of information about certain minors."
00HOUSE BILL NO. 104 01 "An Act relating to disclosures of information about certain minors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.093(a) is amended to read: 04 (a) The [EXCEPT AS SPECIFIED IN AS 47.10.092 AND (b) - (f) OF THIS 05 SECTION, ALL] information and social records pertaining to a minor who is subject 06 to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or 07 municipal agency or employee in the discharge of the agency's or employee's official 08 duty, including driver's license actions under AS 28.15.185, are privileged and may 09 not be disclosed directly or indirectly to anyone without a court order. However, the 10 provisions of this subsection do not apply to 11 (1) the parental right to disclose information about a minor 12 authorized by AS 47.10.092; 13 (2) disclosures of information authorized by (b) - (f) and (h) of this 14 section.
01 * Sec. 2. AS 47.10.093(b) is amended to read: 02 (b) A state or municipal agency or employee may disclose 03 (1) to the public the following information regarding the 04 adjudication of a minor as a delinquent if the minor was 14 years of age or older 05 at the time of the adjudication and the adjudication was based upon the minor's 06 commission of an offense that would be a felony if committed by an adult: 07 (A) the name of the minor: 08 (B) the address of the minor; and 09 (C) the offense that the minor committed; 10 (2) information regarding a case to 11 (A) [(1)] a guardian ad litem appointed by the court or to a 12 citizen review panel for permanency planning authorized by AS 47.10.400 or 13 47.10.420; 14 (B) [(2)] a person or an agency requested to provide 15 consultation or services for a minor who is subject to the jurisdiction of the 16 court under AS 47.10.010; 17 (C) [(3)] school officials as may be necessary to protect the 18 safety of school students and staff; 19 (D) [(4)] a governmental agency as may be necessary to obtain 20 that agency's assistance for the department in its investigation or to obtain 21 physical custody of a child; 22 (E) [(5)] a state or municipal law enforcement agency as may 23 be necessary for a specific investigation being conducted by that agency or for 24 disclosures by that agency to protect the public safety; and 25 (F) [(6)] a victim as may be necessary to inform the victim 26 about the disposition or resolution of a case involving a minor. 27 * Sec. 3. AS 47.10.093(c) is amended to read: 28 (c) A state or municipal law enforcement agency 29 (1) shall disclose information regarding a case that is needed by the 30 person or agency charged with making a preliminary investigation for the information 31 of the court under AS 47.10.020;
01 (2) may disclose to the public information regarding a criminal offense 02 in which a minor is a suspect, victim, or witness if the minor is not identified by the 03 disclosure; 04 (3) as to a school that is attended by a minor who is subject to 05 AS 47.10.010 - 47.10.142, 06 (A) shall notify the principal of the school attended by the 07 minor and [MAY] disclose to that school official information about an 08 incident occurring within the agency's jurisdiction if the law enforcement 09 agency has probable cause to believe that the minor has committed an 10 offense that would be a crime against a person under AS 11.41 if 11 committed as an adult; and 12 (B) may notify the principal of the school attended by the 13 minor and disclose to that school official other [OFFICIALS] information 14 regarding a case as may be necessary to protect the safety of school students 15 and staff; 16 (4) may, when authorized by a court order, disclose to the public 17 information regarding a case involving a minor and a picture of the minor, as may 18 be necessary to protect the safety of the public; and 19 (5) may disclose to a victim information, including copies of reports, 20 as necessary for civil litigation or insurance claims pursued by or against the victim. 21 * Sec. 4. AS 47.10.093 is amended by adding new subsections to read: 22 (h) When information or a record is disclosed to a school principal under 23 (c)(3) of this section, the school principal may disclose the information only to persons 24 employed by that school district or to the chief administrative officer of a school 25 district to which the minor transfers. 26 (i) In (c) and (h) of this section, "school" means a public or private elementary 27 or secondary school.