In re the Petition for Certain Records of the McLeod County Juvenile Court

352 N.W.2d 24, 1984 Minn. App. LEXIS 3210
CourtCourt of Appeals of Minnesota
DecidedJune 12, 1984
DocketNo. CX-84-1
StatusPublished

This text of 352 N.W.2d 24 (In re the Petition for Certain Records of the McLeod County Juvenile Court) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Petition for Certain Records of the McLeod County Juvenile Court, 352 N.W.2d 24, 1984 Minn. App. LEXIS 3210 (Mich. Ct. App. 1984).

Opinion

OPINION

HUSPENI, Judge.

This is an appeal by petitioners McLeod County, McLeod County Sheriff’s Office, and the State of Minnesota challenging the order of McLeod County Juvenile Court which denied petitioner's request for release to them of the names and addresses of juveniles who were formerly under the supervision of a probation officer who has allegedly abused a number of his probationers. We reverse.

FACTS

Edward B. Wey was employed as a probation officer for the McLeod County Probation Office for approximately thirteen years. He terminated that employment in May 1983. In October of 1983, a criminal complaint was filed in McLeod County District Court, charging Edward Wey with four misdemeanor offenses, two counts of misconduct of a public employee, a violation of Minn.Stat. § 609.43(2) (1982), and two counts of procuring liquor for a minor, a violation of Minn.Stat. § 340.79 (1982).

The complaint alleges that Wey engaged in sexual contact and penetration with two juvenile male probationers under the age of sixteen. These juveniles had been subject to Wey’s probationary supervision. A juvenile named E.H. alleged that while he was under Wey’s supervision from 1978 to 1981, he engaged in oral, anal, and manual sexu[26]*26al contact with Wey. These incidents allegedly usually occurred in Wey’s apartment. Wey allegedly provided E.H. with alcoholic beverages, although Wey was aware E.H. had received extensive treatment for alcohol abuse.

The complaint also makes reference to three other juvenile probationers who informed authorities they had personal experiences with Wey where they endured sexually compromising and vulnerable experiences in Wey’s home.

Investigators from the McLeod County Sheriff’s Office and the State of Minnesota conducted a limited investigation into Wey’s activities. These investigators, who are experienced in investigating the sexual abuse of children, concluded that other juvenile probationers under Wey’s prior supervision may also have been victimized by his conduct. The sheriff’s office and the state engaged in unsuccessful efforts to identify and locate other juveniles who had been under Wey’s supervision.

In October of 1983, the State of Minnesota, McLeod County, and the Sheriff of McLeod County petitioned McLeod County Juvenile Court pursuant to Minn.Juv.C.R. 34.02(3)(B), requesting the names and addresses of the juveniles who had been supervised by Wey from October 6, 1980 through May 1983. Appellants’ petition stated numerous reasons why the disclosure of the requested names and addresses would be in the best interests of the juveniles, the public safety, and the functioning and integrity of the juvenile court system.

The McLeod County Juvenile Court appointed a special public defender for the purpose of protecting the confidentiality of the juveniles who may be affected by the petition. The public defender opposed the petition. He urged that the release of the juvenile names would be injurious to the juveniles and to the juvenile court.

The McLeod County Juvenile Court had before it in its deliberation only petitioner’s petition and memorandum. No testimony was taken. No oral argument was held. Because of the significance of petitioner’s request, and because the decision would be partially an administrative one, the petition was considered by the three judges who sit on the juvenile court bench of District ID. By order of December 19, 1983, the juvenile court denied appellants’ petition.

ISSUES

1. Is a juvenile court order denying a petition for disclosure of names and addresses of juveniles who had been under the supervision of a former juvenile court probation officer an appealable order?

2. Did appellants meet the requirements of Rule 34.02 of the Rules of Procedure for Juvenile Court in requesting that the court release names and addresses of juveniles who have been under the supervision of a former probation officer who is accused of sexually abusing a number of juveniles?

ANALYSIS

I.

Respondent asserts that appellants have appealed from a nonappealable order, and this Court is without jurisdiction to review that order. We cannot agree.

Appeals from juvenile court orders are permitted by Minn.Stat. § 260.291 (1982 & Supp.1983), which in part provides:

Subdivision 1. Persons entitled to appeal; procedure. An appeal may be taken by the aggrieved person from a final order affecting a substantial right of the aggrieved person
Subd. 2. Appeal. The appeal from a juvenile court is taken to the court of appeals as in other civil cases.

The state and the county may be considered an “aggrieved person” for purposes of perfecting an appeal under Minn. Stat. § 260.291 (1982 & Supp.1983). Matter of Welfare of S. V., 296 N.W.2d 404, 406 (Minn.1980).

Minn.R.Civ.App.P. 103.03(g) provides:

[27]*27An appeal may be taken to the Court of Appeals:
(g) except as otherwise provided by statute, from a final order, decision or judgment affecting a substantial right made in an administrative or other special proceeding, provided that the appeal must be taken within the time limited for appeal from an order;

Petitioner’s request here was brought pursuant to Rule 34.02. “The state, of course, has a compelling interest in identifying and protecting victims of child abuse.” State v. Odenbrett, 349 N.W.2d 265, 269 (Minn.1984). The proceeding before the McLeod County Juvenile Court was a “special proceeding” and resulted in a final order affecting a “substantial right” of the state within 103.03(g).

II.

The legislature has recognized juvenile records may be disclosed pursuant to court order. Minn.Stat. § 260.161(2) (1982); Minn.Stat. § 13.84(5)(e) (1982). The circumstances in which a court may order disclosure of the records is set forth in Minn.Juv. C.R. 34.02(3), which provides:

Subd. 3. Court Order Required.
(A) Individuals or Agencies. The court may order juvenile court records to be made available for inspection, copying, disclosure or release, subject to such conditions as the court may direct, to:
(i) a representative of a state or private agency providing supervision or having custody of the child under order of the court, or
(ii) any individual for whom such record is needed to assist or to supervise the child in fulfilling a court order, or

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Related

Crystal Beach Bay Ass'n v. County of Koochiching
243 N.W.2d 40 (Supreme Court of Minnesota, 1976)
State v. Odenbrett
349 N.W.2d 265 (Supreme Court of Minnesota, 1984)
State v. Schilling
270 N.W.2d 769 (Supreme Court of Minnesota, 1978)
In Re the Welfare of S. V.
296 N.W.2d 404 (Supreme Court of Minnesota, 1980)

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352 N.W.2d 24, 1984 Minn. App. LEXIS 3210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-petition-for-certain-records-of-the-mcleod-county-juvenile-court-minnctapp-1984.