8-105 - Juvenile Records

Policy

Records of juveniles who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 18 years of age or older. These records are private data and may only be disseminated:

1. To the child or the child’s parent or legal guardian unless disclosure of a record would interfere with an ongoing investigation;
2. By order of the juvenile court;
3. To the Minnesota Crime Victim’s Reparations Board;
4. According to Minnesota State Statute 121A.28, which states that a law enforcement agency can provide the school where a student is enrolled with information regarding incidents in which the law enforcement agency has probable cause to believe the student has committed a controlled substance crime; possessed drug paraphernalia or simulated controlled substances; or consumed, purchased or possessed alcohol as a minor; and
5. As authorized under Minnesota State Statute 13.82, subdivision 2 which refers to information that is public data. Note: The only personal identifying information that can be released relating to a juvenile is the juvenile’s age and sex.

• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Juvenile: An individual who is under the age of eighteen (18) years.
• Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
• Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.