Effective 10/1/2023 (Superseded 7/1/2024)
Superseded 7/1/2024
78A-6-209. Court records — Inspection.
| (1) |
The juvenile court and the juvenile court’s probation department shall keep records as required by the board and the presiding judge. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see
Utah Code § 76-3-204Terms Used In Utah Code 78A-6-209 v2
- Person: means :Utah Code 68-3-12.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
A court record shall be open to inspection by:
| (a) |
the parents or guardian of a child, a minor who is at least 18 years old, other parties in the case, the attorneys, and agencies to which custody of a minor has been transferred; |
| (b) |
for information relating to adult offenders alleged to have committed a sexual offense, a felony or class A misdemeanor drug offense, or an offense against the person under Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the purpose of evaluating whether an individual should be permitted to obtain or retain a license as an educator or serve as an employee or volunteer in a school, with the understanding that the State Board of Education must provide the individual with an opportunity to respond to any information gathered from the State Board of Education’s inspection of the records before the State Board of Education makes a decision concerning licensure or employment; |
| (c) |
the Criminal Investigations and Technical Services Division, established in Section 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm and establishing good character for issuance of a concealed firearm permit as provided in Section 53-5-704; |
| (d) |
the Division of Child and Family Services for the purpose of Child Protective Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative hearings in accordance with Section 80-2-707; |
| (e) |
the Division of Licensing and Background Checks for the purpose of conducting a background check in accordance with Section 26B-2-120; |
| (f) |
for information related to a minor who has committed a sexual offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the Department of Health and Human Services for the purpose of evaluating under the provisions of Subsection 26B-2-406(3) whether a licensee should be permitted to obtain or retain a license to provide child care, with the understanding that the department must provide the individual who committed the offense with an opportunity to respond to any information gathered from the Department of Health and Human Services’ inspection of records before the Department of Health and Human Services makes a decision concerning licensure; |
| (g) |
for information related to a minor who has committed a sexual offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the Department of Health and Human Services to determine whether an individual meets the background screening requirements of Sections 26B-2-238 through 26B-2-241, with the understanding that the department must provide the individual who committed the offense an opportunity to respond to any information gathered from the Department of Health and Human Services’ inspection of records before the Department of Health and Human Services makes a decision under that part; and |
| (h) |
for information related to a minor who has committed a sexual offense, a felony, or an offense that if committed by an adult would be a misdemeanor, the Department of Health and Human Services to determine whether to grant, deny, or revoke background clearance under Section 26B-4-124 for an individual who is seeking or who has obtained an emergency medical service personnel license under Section 26B-4-116, with the understanding that the Department of Health and Human Services’ must provide the individual who committed the offense an opportunity to respond to any information gathered from the Department of Health and Human Services’ inspection of records before the Department of Health and Human Services makes a determination. |
|
| (3) |
With the consent of the juvenile court, a court record may be inspected by the child, by persons having a legitimate interest in the proceedings, and by persons conducting pertinent research studies. |
| (4) |
| (a) |
Except as provided in Subsection (4)(b), if a petition is filed charging a minor who is 14 years old or older with an offense that would be a felony if committed by an adult, the juvenile court shall make available to any person upon request the petition, any adjudication or disposition orders, and the delinquency history summary for the minor. |
| (b) |
A juvenile court may close the records described in Subsection (4)(a) to the public if the juvenile court finds, on the record, that the records are closed for good cause. |
|
| (5) |
A juvenile probation officer’s records and reports of social and clinical studies are not open to inspection, except by consent of the juvenile court, given under rules adopted by the board. |
| (6) |
The juvenile court may charge a reasonable fee to cover the costs associated with retrieving a requested record that has been archived. |
Amended by Chapter 115, 2023 General Session
Amended by Chapter 330, 2023 General Session
