§ 27-21-12 — Division of juvenile services files and records confidentiality

North Dakota § 27-21-12

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-21: Division of Juvenile Services

Text

1. The files and records of the division of juvenile services relating to a juvenile
committed to the division may not be disclosed directly or indirectly to any person,
organization, or agency, except as provided in this section.
2. Notwithstanding any other provisions of law relating to confidentiality, except for the
confidentiality requirements of federal drug and alcohol treatment and rehabilitation
laws, the division may disclose all or part of a juvenile's files and records, including
juvenile court orders, medical, psychological, education, and treatment and counseling
records, to individuals employed by the following if the knowledge is reasonably
necessary in the best interest of the juvenile and for the protection of others:
a. The district court or juvenile court.
b. A parent or legal guardian of the juvenile, the parent's or legal guardian's counsel,
or the juvenile's counsel, when the juvenile court has committed the juvenile to
the custody of the division of juvenile services, and the records are relevant to a
proceeding under chapter 27-20.4 or to a placement hearing under section
27-21-02.1, or when disclosure is necessary for the juvenile's treatment and
rehabilitation plan. If the juvenile court determines that it is against the best
interests of the juvenile to disclose records to a parent or legal guardian, the
juvenile court may issue an order prohibiting disclosure and describing the
records that may not be disclosed.
c. An employee or agent of any division of the department of corrections and
rehabilitation when necessary to carry out the duties of the department.
d. The department of health and human services or a human service zone.
e. A licensed hospital or medical facility, a public or private treatment facility, or a
residential care or treatment facility, when necessary for the evaluation,
treatment, or care of a juvenile in the custody of the division of juvenile services.
f. A law enforcement agency when the division has reasonable grounds to believe
the juvenile has committed a delinquent act or has threatened to commit a
delinquent act involving serious bodily injury, or when the juvenile is required to
register, or is registered, under section 12.1-32-15.
g. A school district or multidistrict special education program in which the juvenile is
enrolled.
h. The office of the attorney general.
i. The risk management division of the office of management and budget and
investigators, consultants, or experts retained by the state for the purpose of
investigating and defending claims under chapter 32-12.2.
3. A person, agency, or institution receiving information or records under this section may
not redisclose the information or records and shall maintain the confidentiality of the
information or records.
4. The division may disclose nonidentifying information for research and statistical
purposes.
5. The division may disclose the files and records of a juvenile under section 27-20.2-21.

6. The division shall disclose information to the extent necessary to comply with section
12.1-34-02.
7. In all other cases, records and files of the division of juvenile services relating to a
juvenile committed to its custody may only be open to inspection upon written leave of
the juvenile court upon a showing in writing of a legitimate interest, but only to the
extent necessary to respond to the legitimate interest.
8. The records of the division relating to an individual who is or has been in the custody
of the division may be disclosed to any court or probation staff for use in conducting a
presentence investigation in a criminal case in which the individual is a defendant.
9. The records of the division relating to an individual who is or has been in the custody
of the division may be disclosed to the United States social security administration
upon written authorization for disclosure by the individual's parent or legal guardian if
the individual is a child, or if the individual is no longer a child, by the individual.