COMMITTEE SUBSTITUTE
FOR
H. B. 2135
(By Delegates Amores, Hunt, Thompson,
Seacrist, Tillis, Faircloth and Thomas)
(Originating in the Committee on the Judiciary)
[February 17, 1998]
A BILL to amend and reenact sections one and three, article seven,
chapter forty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to
confidentiality of juvenile records and removing the
prohibition against publishing the names of certain juvenile
offenders.
Be it enacted by the Legislature of West Virginia:
That sections one and three, article seven, chapter forty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
§49-7-1. Confidentiality of records.
(a) Except as otherwise provided in this chapter, all records
and information concerning a child or juvenile which are maintained
by
a the state department,
as defined in section four, article one
of this chapter, a child agency
or facility, court or law-enforcement agency shall be kept confidential and shall not be
released or disclosed to anyone, including any federal or state
agency.
(b) Notwithstanding the provisions of subsection (a) of this
section or any other provision of this code to the contrary,
records concerning a child or juvenile, except adoption records,
juvenile court records and records
related to child abuse or
neglect proceedings disclosing the identity of a complainant of
child abuse or neglect shall be made available:
(1) Where otherwise authorized by this chapter;
(2) To
(A) the child,
(B) a parent
, whose parental rights have
not been terminated, or
(C) the attorney of the child or parent;
(3) With the written consent of the child or of someone
authorized to act on the child's behalf; or
(4) Pursuant to a subpoena or order of a court of record;
however, a subpoena for such records may be quashed by a court for
good cause.
(c)
Records related to child abuse or neglect proceedings The
official court file pertaining to the person who is the subject of
a neglect or abuse proceeding shall be made available for
inspection only by the child, his or her parents or custodian, the
child's counsel and other parties to the proceeding
before the
court.
(d) Except in juvenile proceedings which are transferred to criminal proceedings, law-enforcement records and files concerning
a child or juvenile shall be kept separate from the records
and files of adults and not included within the court files.
Law-enforcement records and files concerning a child or juvenile
shall only be open to inspection pursuant to the provisions of
sections seventeen and eighteen, article five of this chapter.
(e) Any person who willfully violates the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than one thousand dollars, or confined in
the county or regional jail for not more than six months, or be
both fined and confined. A person convicted of violating the
provisions of this section shall also be liable for damages in the
amount of three hundred dollars or actual damages, whichever is
greater.
§49-7-3. Proceedings under chapter not to be evidence against
child, or be published; adjudication not deemed
conviction and not bar to civil service eligibility.
Any evidence given in any cause or proceeding under this
chapter, or any order, judgment or finding therein, or any
adjudication upon the status of juvenile delinquent heretofore made
or rendered, shall not in any civil, criminal or other cause or
proceeding whatever in any court, be lawful or proper evidence
against such child for any purpose whatsoever except in subsequent
cases under this chapter involving the same child;
nor shall the name of any child, in connection with any proceedings under this
chapter, be published in any newspaper without a written order of
the court; nor shall any such adjudication upon the status of any
child by a juvenile court operate to impose any of the civil
disabilities ordinarily imposed by conviction, nor shall any child
be deemed a criminal by reason of such adjudication, nor shall such
adjudication be deemed a conviction, nor shall any such
adjudication operate to disqualify a child in any future civil
service examination, appointment, or application.
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