Ky. Rev. Stat. § 610.320

Juvenile record and juvenile docket -- Disclosure of information in court

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and police records concerning juvenile prohibited -- Exceptions -- Use of juvenile records in court. (1) A special record book shall be kept by the court for all cases, to be known as the "juvenile record," and the docket or calendar of such cases shall be called the "juvenile docket." (2) No probation officer, nor employee of a probation officer, shall, without the consent of the District Judge sitting in juvenile session, divulge or communicate to any persons other than the court, law enforcement, the Department of Juvenile Justice, an officer of the court interested in the case, a member of the advisory board of the court, or a representative of the cabinet, any information obtained pursuant to the discharge of his duties, nor shall any record of the action of the probation officer be made public except by leave of the District Judge; provided, that nothing in this subsection shall prohibit the probation officer from divulging or communicating such information to the court, to his colleagues or superiors in his own department, or to another probation officer having a direct interest in the record or social history of the child. (3) All law enforcement and court records regarding children who have not reached their eighteenth birthday shall not be opened to scrutiny by the public, except that a separate public record shall be kept by the clerk of the court which shall be accessible to the public for court records, limited to the petition, order of the adjudication, and disposition in juvenile delinquency proceedings concerning a child who is fourteen (14) years of age or older at the time of the commission of the offense, and who is adjudicated a juvenile delinquent for the commission of an offense that would constitute a capital offense or a Class A, B, or C felony if the juvenile were an adult, or any offense involving a deadly weapon, or an offense wherein a deadly weapon is used or displayed. (4) Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-B of the Federal Social Security Act is also prohibited. Otherwise, the law enforcement records shall be made available to the child, family, guardian, or legal representative of the child involved. The records shall also be made available to the court, probation officers, prosecutors, the Department of Juvenile Justice, and law enforcement agencies or representatives of the cabinet. Records, limited to the child's adjudication of delinquency, and disposition of a criminal activity covered by KRS 610.345, shall also be made available to public or private elementary and secondary school administrative, transportation, and counseling personnel, and to any teacher to whose class the student has been assigned for instruction, subject to the provisions of KRS 610.340 and 610.345. (5) Subject to the Kentucky Rules of Evidence, juvenile court records of adjudications of guilt of a child for an offense which would be a felony if committed by an adult shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial, and may be used during the sentencing phase of a criminal trial. However, the fact that a juvenile has been adjudicated delinquent of an offense which would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. (6) This section shall not relieve the probation officer or peace officer from divulging such facts as a witness in a trial or hearing involving any cases falling under KRS Chapters 600 to 645 or the production of juvenile records for use in the trial or proceedings. (7) This section shall not prohibit release of information regarding juvenile proceedings in the District Court which do not reveal the identity of the child or its parents or guardians, or which relate to the child's eligibility for services under Title IV-E or IV-B of the Federal Social Security Act. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 68, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 493, sec. 15, effective April 10, 1998; and ch. 606, sec. 22, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 36, effective July 1, 1996 and July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 37, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 51, effective July 1, 1987.

Notes of Decisions

Cited in 9 cases, 2001–2013 · leading case: Manns v. Commonwealth

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Manns v. Commonwealth (2002) ky · cites it 4× “July 15, 1997, and KRS 610.320(4) (disclosure of juvenile records), 1996 Ky.”

Hardin County Schools v. Foster (2001) ky · cites it 4× “KRS 610.320(2). The statute contains exceptions, but none pertinent to our inquiry.”

Kentucky Press Ass'n, Inc. v. Kentucky (2005) kyed · cites it 2× “KRS § 610.320(3). Further, “[t]he court shall order sealed all records” if the juvenile is not convicted of a felony.”

Neal v. Commonwealth (2003) ky · cites it 2× “KRS 610.320(4) and KRS 532.055(6) were not improperly applied retroactively.”

Kentucky New Era, Inc. v. City of Hopkinsville (2013) ky · cites it 3× “Further the circuit court held that records involving juveniles, although possibly subject to privacy redactions, were not made totally exempt by the statute (KRS 610.320) which calls for the nondisclosure of a juvenile’s court records.”

Commonwealth v. Barroso (2003) ky “On Appellee’s appeal to the Court of Appeals, the Commonwealth conceded reversible error in permitting the prosecutor to impeach Appellee with evidence of a juvenile adjudication that occurred prior to the enactment of KRS 610.320(4). No further review was sought with respect to…”

Commonwealth v. Deweese (2003) kyctapp · cites it 2× “060 (records and reports of Cabinet for Families and Children); KRS 610.320 (information in court and police records).”

Phelps v. Commonwealth (2004) ky “Similarly, most statutes within the Juvenile Code refer to offenders in juvenile court in terms of having been “adjudicated” a juvenile delinquent or public offender, see KRS 610.320 and KRS 635.020(3); yet refer to those juveniles who are prior youthful offenders as having been…”

Howard v. Commonwealth (2010) kyctapp “See KRS 610.320. The trial court did not err in prohibiting the introduction of the GAL’s testimony at trial concerning statements made by B.”

— Ky. Rev. Stat. § 610.320(2) — 1 case

Hardin County Schools v. Foster (2001) ky “KRS 610.320(2). The statute contains exceptions, but none pertinent to our inquiry.”

— Ky. Rev. Stat. § 610.320(3) — 1 case

Kentucky Press Ass'n, Inc. v. Kentucky (2005) kyed “KRS § 610.320(3). Further, “[t]he court shall order sealed all records” if the juvenile is not convicted of a felony.”

— Ky. Rev. Stat. § 610.320(4) — 3 cases

Manns v. Commonwealth (2002) ky “July 15, 1997, and KRS 610.320(4) (disclosure of juvenile records), 1996 Ky.”

Neal v. Commonwealth (2003) ky “KRS 610.320(4) and KRS 532.055(6) were not improperly applied retroactively.”

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