From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: When can a reporter or a member of the public access juvenile law enforcement records?

A: The law regarding juvenile records and public access is found at 42 Pa.C.S. § 6308. Although there is a strong presumption of access to court records and proceedings, the Juvenile Act provides that law enforcement records and files for juveniles are not open to public inspection or disclosure to the public, except where:

A. The child is 14 or over AND –

• The child has been adjudicated delinquent by a court of an act that would be considered a felony if committed by an adult; OR
• The child has been previously been adjudicated delinquent of an act that would be considered a felony if committed by an adult AND a delinquency petition has been filed alleging acts that would be considered a felony if committed by an adult;

B. The child is age 12 or 13 AND –

• The child has been adjudicated delinquent by a court of conduct that would constitute:

1. Murder
2. Voluntary manslaughter
3. Aggravated Assault
4. Arson
5. Involuntary deviate sexual intercourse
6. Kidnapping
7. Rape
8. Robbery
9. Robbery of a motor vehicle
10. Attempt or conspiracy to commit any of the above;
    
    OR

• The child has been previously adjudicated of one of the above crimes AND a delinquency petition has been filed alleging acts constituting one of the above crimes.

In these cases, the following information shall be made public:

1. Name and age of the juvenile,
2. Address of the juvenile,
3. Offenses charged, AND
4. Disposition of the case.

There is a separate provision under Pennsylvania law which protects the names of child victims of physical and sexual abuse and states that records revealing the name of a child victim will not be open to public inspection unless otherwise ordered by the court. 42 Pa.C.S. 5988. Many Magisterial District Judges respond to this provision by redacting or “blacking out” the names of child victims and producing the records.

Finally, it is important to note that the mere fact that a child has been named in a law enforcement record does not mean that record is closed. Records relating to summary offenses, for example, are not subject to the Juvenile Act and should be public.

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