Section 161. Inspecting, Copying, and Disseminating Juvenile Probation Files

A. Inspecting and copying. Except as provided in paragraph (C), juvenile probation files shall be open to inspection and/or copying only by:

1) the juvenile’s attorney;

2) the attorney for the Commonwealth;

3) the State Sexual Offenders Assessment Board;

4) the Juvenile Court Judges’ Commission; or

5) any other person, agency, or department by order of court.

B. Electronic records.

1) Records which are maintained electronically by juvenile probation offices shall be subject to inspection and/or copying only pursuant to court order.

2) Each juvenile probation office shall create a document which describes the information that is maintained by the juvenile probation office concerning each juvenile. This document shall be open to inspection and copying pursuant to paragraph (A).

C. Contents of order. The order shall:

1) specify who shall be permitted to inspect the record or any portion of the record;

2) specify who shall be permitted to copy the record;

3) state that the information received shall not be disseminated to any person, agency, or department not listed in the court order; and

4) state that dissemination of any information received is a violation of the court order.

D. Disseminating.

1) The juvenile probation office has discretion to disseminate portions of its files to the juvenile, service providers, placement facilities, and courts and courts’ professional staff of other jurisdictions when facilitating placement, the delivery of services, treatment, or transfer of the case to, or supervision by another jurisdiction consistent with applicable Federal or state law.

2) Unauthorized dissemination of any information contained in the juvenile probation file to a person, agency, or department not permitted to inspect or copy the file pursuant to this rule may result in a finding of contempt of court.

Comment

Documents contained in the juvenile probation files are not a part of the official court record unless the juvenile probation office officially files the documents in the official court record. Those documents placed in the official court record are governed by Rule 160 and 42 Pa.C.S. § 6307.

The notes of a juvenile probation officer, which describe the officer’s impressions or personal observations but which are not included in a report to the court or other report, are not considered a component of a juvenile probation file that is open to inspection or copying under paragraph (A).

Nothing in this rule is intended to preclude the juvenile probation office from sharing information in its file with the juvenile.

Official Note

Rule 161 adopted May 21, 2012, effective August 1, 2012. Amended August 23, 2012, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 161 published with the Court’s Order at 42 Pa.B. 3203 (June 9, 2012).

Final Report explaining the amendments to Rule 161 published with the Court’s Order at 42 Pa.B. 5734 (September 8, 2012).

The provisions of this Rule 161 adopted May 21, 2012, effective August 1, 2012, 42 Pa.B. 3203; amended August 23, 2012, effective immediately, 42 Pa.B 5734. Immediately preceding text appears at serial pages (361555) to (361556).