From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: The Pennsylvania State Police are refusing to release the identities of any juveniles who are involved in or witnesses to car accidents. Can they do that?

A: In our opinion, the State Police policy on releasing the identities of minors is overbroad and inconsistent with the Public’s Right to Know.

Pennsylvania's Juvenile Act governs judicial proceedings relating to minors. The Juvenile Act makes certain law enforcement and court records and proceedings relating to minors are confidential. The Act's protections apply primarily to delinquency and dependency proceedings. The Act does not apply to summary offenses -- except where the summary offense is connected to a delinquent act. Likewise, the Act is not implicated where minors are passengers or bystanders at an accident or other traffic incident.

The State Police policy purports to keep confidential any mention or notation relating to a minor's identity. In our opinion, this policy is too broad and is not supported by the language of the Juvenile Act. Although certain juvenile matters that relate to delinquency and dependency proceedings are confidential under the Juvenile Act, the Act has no application to a minor who happens to be at a traffic scene or who is a passenger in a car involved in an accident. Likewise, the Act should not apply to juveniles charged only with summary offenses.

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