N.J. Admin. Code § 13:95-1.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:95-1.5 - Confidentiality and use of information relating to juveniles

(a) Records and statements in the possession of the Commission that are covered by the confidentiality provisions of N.J.S.A. 2A:4A-60, 60.2 and 60.3 may be reviewed when necessary and appropriate in the course of classification, program and other reviews necessary and appropriate under this chapter. However, at no time shall this permitted use of such records and statements release or exempt them from the confidentiality provisions of this section.

(b) All records pertaining to juveniles charged as a delinquent, adjudicated delinquent or found to be part of a juvenile-family crisis, including records relating to the suicide or suicide attempt of a juvenile, are confidential. All such records:

1. Shall be strictly safeguarded from public access;

2. Shall not be released, except when release is authorized under the provisions of N.J.S.A. 2A:4A-60; and

3. Shall not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

(c) Unless otherwise required by law, statements made by a juvenile in the course of any suicide prevention or mental health screening, and any reports or records created to report the results of such screening shall not be:

1. Disclosed to any party, including prosecutors and law enforcement personnel; or

2. Used in any investigation, or in any delinquency or criminal proceeding then pending or subsequently initiated. (See N.J.S.A. 2A:4A-60.2)

(d) No report or record relating to mental health services provided to a juvenile prior to an adjudication of delinquency, or any other finding of guilt, shall be disclosed or released to a court unless and until after such an adjudication or finding occurs. (See N.J.S.A. 2A:4A-60.3)

(e) All information contained in the master lists or reports maintained or submitted by employees of the Commission pursuant to the requirements of N.J.A.C. 13:95-3 and 4 shall be confidential and such master lists and reports shall not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

N.J. Admin. Code § 13:95-1.5

Recodified from N.J.A.C. 13:95-1.4 and amended by R.2006 d.57, effective 2/6/2006.
See: 37 N.J.R. 3564(a), 38 N.J.R. 1009(a).
Substituted "N.J.A.C. 13:95-3 and 4" for "this chapter"; substituted "Open Public Records Act," for " 'Right to Know Law,' ".
Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
Section was "Confidentiality of information". Added (a) through (d); and inserted designation (e).