Section 200.802. Inspection of juvenile court files and juvenile probation records or reports. (See Pa.R.J.C.P. 160 and 42 Pa.C.S. § 6307)

(a) No court authorization is required for the following persons or agencies to review and copy information contained in juvenile court files and juvenile probation records or reports:

(1) The judges, masters, juvenile probation officers and staff of the court.

(2) The attorney for the Commonwealth, the child’s attorney, and the child, but the persons in this category are not permitted to see reports revealing the names of confidential sources of information, except in the discretion of the court.

(3) A public or private agency or institution providing supervision or having custody of the child under order of the court.

(4) A court and its probation officers and other officials or staff and the attorney for the defendant for use in preparing a pre-sentence report in a criminal case in which the defendant is convicted and the defendant previously was adjudicated delinquent.

(5) A judge or issuing authority for use in determining bail, provided that the inspection is limited to orders of delinquency adjudications and dispositions, orders resulting from dispositional review hearings and histories of bench warrants and escapes.

(6) The Administrative Office of the Pennsylvania Courts.

(7) Officials of the Department of Corrections or a State correctional institution or other penal institution to which an individual who was previously adjudicated delinquent in a proceeding under the Juvenile Act (42 Pa.C.S. Chapter 63) has been committed, but the persons in this category shall not be permitted to see reports revealing the names of confidential sources of information contained in social reports, except in the discretion of the court.

(8) A parole board, court or county probation official in considering an individual who was previously adjudicated delinquent in a proceeding under 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act), but the persons in this category are not permitted to see reports revealing the names of confidential sources of information contained in social reports, except in the discretion of the court.

(9) The judges, juvenile probation officers, and staff of courts of other jurisdictions when necessary for the discharge of their official duties.

(10) The State Sexual Offenders Assessment Board for use in completing assessments.

(11) With leave of court, any other person, agency or institution having a legitimate interest in the proceedings or in the work of the unified judicial system.

(b) A court order shall be required to release any information contained in juvenile court files or juvenile probation records or reports to any other person or agency not listed in subsection (a).

(1) A court order is required to release information to military recruiters, officials from the Immigration and Naturalization Service (INS), the Department of Homeland Security, and others.

(2) Requests for access to, or copies of, juvenile court or juvenile probation files and records should be in the form of a motion to the court that specifies the information being sought and the purpose for which the information will be used. In determining whether to grant the motion, the court should consider the purpose for which the information will be used, the nature of the information requested, administrative or legislative authority governing the release of the information, the nature of the offense, and the impact that the release of the information would have on the child and the community.

(3) Any court order granting the release of information should specify the information to be released and prohibit the further dissemination of the information.

(c) The president judge should adopt written policies and procedures, governing the dissemination of juvenile probation records and reports, to include the following:

(1) A policy that a representative from the juvenile probation department is to be present throughout the inspection of records, and be responsible for the duplication of records.

(2) A requirement that a case-specific written record be maintained by the juvenile probation department listing the names and addresses of individuals to whom copies of records are provided.

(3) A statement prohibiting the secondary dissemination of information should accompany records provided to individuals.