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 N.D.C.C. § 27-20-51 and the rules of the supreme
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. N.D.C.C. § 27-20-51(1) lists the persons and entities who
10 may routinely inspect juvenile court files and records.
11 (2) Court Order. Upon written request or motion a judge or referee of the
12 juvenile court may permit inspection or release of pertinent information of all or
13 some portion of a court record to the persons and entities listed in N.D.C.C. §
14 27-20-51(2) and the following:
15 (A) persons or agencies conducting pertinent research studies;
16 (B) the victim or a member of the victim's immediate family on behalf of
17 the victim or to an insurance company representing the victim;
18 (C) the military if a release of information has been signed by the subject of
19 the petition or the parents of the subject if the child is under 18 years of age.
20 (3) Social Service Reports. Social service reports (960's) may be released under
21 Rule 12 to attorneys representing the parties involved. Unless otherwise ordered by
22 the court, names of persons reporting the alleged incident must be deleted from the
23 reports. See N.D.C.C. Section 50-25.1-11(1)(d).
24 (4) Statistical Information. Statistics and other general information which
25 do not identify parties and which are generated in the normal cause of business
26 may be released to any party, including the press. Requests for special reports or
27 information must be forwarded to the State Court Administrator.
28 (5) Drug and Alcohol Treatment Records. Drug and alcohol treatment
29 records within a file and which are confidential under 42 CFR Part 2 may not be
30 disclosed unless:
31 (A) the person who is the subject of the records has signed a valid consent
32 form authorizing disclosure;
33 (B) the court has found there is good cause for disclosure and has issued an
34 authorizing order in accordance with 42 CFR Section 2.64 or 2.66, as applicable;
36 (C) the court has issued an order authorizing disclosure in accordance with
37 42 CFR Section 2.63 or 2.65, as applicable.
38 For purposes of this paragraph, "disclosure" includes duplication of records
39 permitted under Rule 19(c).
40 (c) Copying Records.
41 (1) Documents not original to the juvenile court may not be duplicated except:
42 (A) for purposes of conducting a hearing, documents may be duplicated but
43 must be returned to the court after the hearing; or
44 (B) upon written approval of the agency which originally created the
45 document; or
46 (C) upon order of the court.
47 (2) Documents generated by the juvenile court may be duplicated as
48 appropriate to meet the informational needs of the entities or persons listed in
49 N.D.C.C. § 27-20-51(1) or any other person or entity considered appropriate by the
51 (d) Early Destruction of Records. A party who is the subject of a
52 delinquency or unruly proceeding may petition the court for early destruction of
53 records. The state's attorney of the county in which the records are held must be
54 notified of the request. In a delinquency case, the victim, on request, must be
55 notified of any request for early destruction of records. The judge may order the
56 early destruction upon a showing of good cause to destroy the records by the party.
57 The records may not be destroyed if it is known that the subject of the motion has
58 criminal charges pending before any other court.
59 EXPLANATORY NOTE
60 Rule 19 took effect May 1, 2015. Amended effective________________.
61 Rule 19 consolidates provisions previously contained in the Unified Judicial
62 System Policy Manual. Subdivisions (a), (b) and (c) are derived from Policy 402
63 on Juvenile Court Records. Subdivision (d) is derived from Policy 403 on
65 Subdivision (d) was amended, effective________________, to provide that
66 a victim may request to be informed of any request for early destruction of records.
67 This right is granted by N.D. Const. Art. I, § 25(1)(r). "Victim" is defined in N.D.
68 Const. Art. I, § 25(4).
69 Sources: Juvenile Policy Board Minutes of September 5, 2014, page 5. Joint
70 Procedure Committee Minutes of _________________; January 29-30, 2015, page
71 8; September 25-26, 2014, pages 18-20.
72 STATUTES AFFECTED:
73 CONSIDERED: N.D. Const. Art. I, § 25; N.D.C.C. ch 54-23.4; §§
ch 54-23.4; § 50-25.1-11(1)(d).
75 CROSS REFERENCE: N.D.R.Juv.P. 12 (Discovery);
76 N.D.Sup.Ct.Admin.R. 41 (Access to Court Records).