RULE 19. JUVENILE RECORDS
1 (a) Records Confidential.
2 (1) Juvenile court records are confidential and not open to inspection or
3 release except as provided by
law N.D.C.C. §
27-20-51 and this rule the rules
4 the supreme court.
5 (2) Disclosure of papers, reports, notes, files, or records may be restricted or
6 authorized by court order, except that judge, referee or court personnel work
7 material and notes may not be released to anyone under any circumstances.
8 (b) Disclosure of Records.
9 (1) In General.
Subject to Rule 19(b)(5) and to any court order that
restrict disclosure, all papers, reports, notes, files or records of whatever
classification relating to a specific case are available for inspection or
information contained within the file to the following:
(A) the judge and staff of the juvenile court of any court in this
(B) the parties to the proceeding or their counsel or guardian ad litem of
(C) a public or private agency or institution providing supervision or
custody of the child under order of the juvenile court, which must be
given a copy
of the findings and order of disposition when it receives custody of the
(D) any court and its probation and other officials or professional staff
the attorney for the defendant for use in preparing a presentence report in
criminal case in which the defendant is convicted and who previously had
party to the proceeding in juvenile court;
(E) the professional staff of the department of corrections and
rehabilitation's division of adult services when necessary for the discharge
duties under to N.D.C.C. ch 54-23.4.
26 N.D.C.C. § 27-20-51(1) lists the persons and entities who may routinely
27 inspect juvenile court files and records.
28 (2) Court Order. Upon written request or motion
and subject to
19(b)(5), a judge or referee of the juvenile court may permit
inspection or release
30 of pertinent information of all or some portion of a court record to the persons and
31 entities listed in N.D.C.C. § 27-20-51(2) and the following:
32 (A) persons or agencies conducting pertinent research studies
having a legitimate interest in the proceedings but whose access is not
35 (B) the victim or a member of the victim's immediate family on behalf of
36 the victim or to an insurance company representing the victim;
37 (C) the military if a release of information has been signed by the subject of
38 the petition or the parents of the subject if the child is under 18 years of
(D) by the principal of any public or private school that is a member of
North Dakota High School Activities Association, or the superintendent
child's school district, if a request pertaining to a specific child and
received and the request is for the purpose of enforcing the rules of the
Dakota High School Activities Association.
44 (3) Social Service Reports. Social service reports (960's) may be released
45 under Rule 12 to attorneys representing the parties involved. Unless otherwise
46 ordered by the court, names of persons reporting the alleged incident must be
47 deleted from the reports. See N.D.C.C. Section 50-25.1-11(1)(d).
48 (4) Statistical Information. Statistics and other general information which
49 do not identify parties and which are generated in the normal cause of business
50 may be released to any party, including the press. Requests for special reports or
51 information must be forwarded to the State Court Administrator.
52 (5) Drug and Alcohol Treatment Records. Drug and alcohol treatment
53 records within a file and which are confidential under 42 CFR Part 2 may not be
54 disclosed unless:
55 (A) the person who is the subject of the records has signed a valid consent
56 form authorizing disclosure;
57 (B) the court has found there is good cause for disclosure and has issued an
58 authorizing order in accordance with 42 CFR Section 2.64 or 2.66, as applicable;
60 (C) the court has issued an order authorizing disclosure in accordance with
61 42 CFR Section 2.63 or 2.65, as applicable.
62 For purposes of this paragraph, "disclosure" includes duplication of records
63 permitted under Rule 19(c).
64 (c) Copying Records.
65 (1) Documents not original to the juvenile court may not be duplicated
67 (A) for purposes of conducting a hearing, documents may be duplicated but
68 must be returned to the court after the hearing; or
69 (B) upon written approval of the agency which originally created the
70 document; or
71 (C) upon order of the court.
72 (2) Documents generated by the juvenile court may be duplicated as
73 appropriate to meet the informational needs of the entities or persons listed
paragraph (b)(1) of this policy, N.D.C.C. §
27-20-51(1) or any other person or
75 entity considered appropriate by the court.
76 (d) Early Destruction of Records. A party who is the subject of a
77 delinquency or unruly proceeding may petition the court for early destruction of
78 records. The state's attorney of the county in which the records are held must be
79 notified of the request. The judge may order the early destruction upon a showing
80 of good cause to destroy the records by the party. The records may not be
81 destroyed if it is known that the subject of the motion has criminal charges pending
82 before any other court.
83 EXPLANATORY NOTE
84 Rule 19 took effect _____________________________.
85 Rule 19 consolidates provisions previously contained in the Unified Judicial
86 System Policy Manual. Subdivisions (a), (b) and (c) are derived from Policy 402
87 on Juvenile Court Records. Subdivision (d) is derived from Policy 403 on
89 Sources: Juvenile Policy Board Minutes of September 5, 2014, page 5. Joint
90 Procedure Committee Minutes of January 29-30, 2015, pages___; September 25-
91 26, 2014, pages 18-20.
92 Statutes Affected:
93 Considered: N.D.C.C. § 27-20-51; ch 54-23.4; § 50-25.1-11(1)(d).
94 Cross Reference: N.D.R.Juv.P. 12 (Discovery); N.D.Sup.Ct.Admin.R. 41
95 (Access to Court Records).