Alaska Statutes 47.12.310 – Agency records

(a) Except as specified inAlaska Stat. § 47.12.315, 47.12.320, and (b) – (g) and (i) of this section, all information and social records pertaining to a minor who is subject to this chapter or Alaska Stat. Chapter 47.17 prepared by or in the possession of a federal, state, or municipal agency or employee in the discharge of the agency’s or employee’s official duty, including driver’s license actions under Alaska Stat. § 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone without a court order.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class B misdemeanor	up to 90 days	up to $2,000

For details, see Alaska Stat. § 12.55.135

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Terms Used In Alaska Statutes 47.12.310

Arrest: Taking physical custody of a person by lawful authority.
court: means the superior court of the state. See Alaska Statutes 47.12.990
delinquent minor: means a minor found to be within the jurisdiction of the court under Alaska Stat. See Alaska Statutes 47.12.990
department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
minor: as used in this chapter includes a person described in this section. See Alaska Statutes 47.12.022
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
property: includes real and personal property. See Alaska Statutes 01.10.060
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
victim: has the meaning given in Alaska Stat. See Alaska Statutes 47.12.990
writing: includes printing. See Alaska Statutes 01.10.060

(b) A state or municipal agency or employee shall disclose

(1) information regarding a case to a federal, state, or municipal law enforcement agency for a specific investigation being conducted by that agency;

(2) appropriate information regarding a case to

(A) a guardian ad litem appointed by the court;

(B) a person or an agency requested by the department or the minor’s legal custodian to provide consultation or services for a minor who is subject to the jurisdiction of the court under this chapter as necessary to enable the provision of the consultation or services;

(C) school officials as may be necessary to protect the safety of the minor who is the subject of the case and the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;

(D) a governmental agency as may be necessary to obtain that agency’s assistance for the department in its investigation or to obtain physical custody of a minor;

(E) a law enforcement or corrections agency of this state or another jurisdiction as may be necessary for the protection, rehabilitation, care, or supervision of any minor or for actions by that agency to protect the public safety;

(F) a victim or to the victim’s insurance company as may be necessary to inform the victim or the insurance company about the arrest of the minor, including the minor’s name and the names of the minor’s parents, copies of reports, or the disposition or resolution of a case involving a minor;

(G) the state medical examiner under Alaska Stat. Chapter 12.65 as may be necessary to perform the duties of the state medical examiner;

(H) foster parents or relatives with whom the child is placed by the department as may be necessary to enable the foster parents or relatives to provide appropriate care for the child who is the subject of the case, to protect the safety of the child who is the subject of the case, and to protect the safety and property of family members and visitors of the foster parents or relatives;

(I) the Department of Law or its agent for use and subsequent release if necessary for collection of an order of restitution on behalf of the recipient;

(J) the Violent Crimes Compensation Board established in Alaska Stat. § 18.67.020 for use in awarding compensation under Alaska Stat. § 18.67.080;

(K) a state, municipal, or federal agency of this state or another jurisdiction that has the authority to license adult or children’s facilities and services;

(L) a child placement agency licensed under Alaska Stat. Chapter 47.32 as necessary to provide services for a minor who is subject to the jurisdiction of the court under this chapter;

(M) a state or municipal agency of this state or another jurisdiction that is responsible for child protection services, as may be necessary for the administration of services, protection, rehabilitation, or supervision of a minor or for actions by the agency to protect the public safety;

(N) the Department of Corrections as necessary for the administration of services, protection, rehabilitation, or supervision of any minor for release to the public as authorized by law, or as necessary to transfer detention of a minor who is waived into adult court under Alaska Stat. § 47.12.030 or 47.12.100 and held under Alaska Stat. § 47.12.105; and

(O) a corrections agency of this state or another jurisdiction as may be necessary for the protection, rehabilitation, care, or supervision of a former juvenile offender; and

(3) to the University of Alaska under the Alaska education savings program for children established under Alaska Stat. § 47.14.400 information that is necessary to support the program, but only if the information released is maintained as a confidential record by the University of Alaska.

(c) A state or municipal law enforcement agency

(1) shall disclose information regarding a case that is needed by the person or agency charged with making a preliminary investigation for the information of the court under this chapter;

(2) may disclose to the public information regarding a criminal offense in which a minor is a suspect, victim, or witness if the minor is not identified by the disclosure;

(3) may disclose to school officials information regarding a case as may be necessary to protect the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;

(4) may disclose to the public information regarding a case as may be necessary to protect the safety of the public; and

(5) may disclose to a victim or to the victim’s insurance company information, including copies of reports, as necessary for civil litigation or insurance claims pursued by or against the victim.

(d) Upon request of a victim, the department shall make every reasonable effort to notify the victim as soon as practicable, by telephone or in writing, when a delinquent minor is to be released from placement under Alaska Stat. § 47.12.120 (b)(1). The notice under this subsection must include the expected date of the delinquent minor’s release, the geographic area in which the delinquent minor is required to reside, and other pertinent information concerning the delinquent minor’s conditions of conduct or probation that may affect the victim.

(e) A person may authorize the department to release information to the military or to a prospective employer about the existence of a delinquency adjudication against that person under this chapter and the offense on which it was based.

(f) The department may release to a person with a legitimate interest information relating to a minor subject to the jurisdiction of the department under this chapter. The department shall adopt regulations under Alaska Stat. Chapter 44.62 to implement this subsection, including regulations governing the release of information and standards for identifying a legitimate interest in the information.

(g) The department and affected law enforcement agencies shall work with school districts and private schools to develop procedures for the disclosure of information to school officials under (b)(2)(C) and (c)(3) of this section. The procedures must provide a method for informing the principal or the principal’s designee of the school the student attends as soon as it is reasonably practicable.

(h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement agency is not required to notify the appropriate school official of a school district or school under (c) of this section if the agency determines that notice would jeopardize an ongoing investigation.

(i) A state or municipal agency, other than a state or municipal law enforcement agency, or authorized employee may disclose to the public information regarding a case as may be necessary to protect the safety of the public provided the disclosure is authorized by regulations adopted by the department.

(j) In this section, “school” means a public or private elementary or secondary school.

(k) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.

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