SB138 By Senator Orr RFD Education & Youth Affairs Rd 1 03-MAR-15

SYNOPSIS: Under existing law, a juvenile court is required to notify the superintendent of the school district of a child, when the child is found delinquent for an act that would be a Class A or Class B felony. The juvenile court may notify the superintendent when a child is found delinquent for committing any other crime.

This bill would allow a juvenile probation officer to share certain information and records relating to a child, excluding mental health and medical records, with school personnel for the limited purpose of promoting safety and enhancing education and rehabilitation services provided to the child.

This bill would also provide that all shared information and records must remain confidential and provide immunity for the sharing or receipt of information in good faith.

A BILL TO BE ENTITLED AN ACT

To amend Section 12-15-217, Code of Alabama 1975, to allow a juvenile probation officer to share certain information and records relating to a child, excluding mental health and medical records, with school personnel for limited purposes; to provide for the confidentiality of shared information and records; and to provide immunity.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 12-15-217, Code of Alabama 1975, is amended to read as follows:

§12-15-217.

"(a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of an act, which if committed by an adult, would be a Class A or B felony, or any other crime, at the discretion of the juvenile court, shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The juvenile court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the juvenile court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the case involving the child. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.

"(b) Any information received by a teacher, counselor, administrator, or other school employee pursuant to this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the child, his or her parent, legal guardian, legal custodian, law enforcement personnel, and the juvenile probation officer of the child is necessary to effectuate the rehabilitation of the child or to protect students and staff.

"(c)(1) Notwithstanding any other law, a juvenile probation officer may share any information or records, excluding mental health or medical records, concerning a specific child who is or will be enrolled as a student at a school with the superintendent of the school district, or his or her designee, or the school's principal, or his or her designee, if disclosure of the information or records promotes public safety or the safety of the child, or enhances the school's or the probation officer's ability to provide education and other rehabilitation services to the child. The superintendent, principal, or respective designee may disseminate this information to only those school employees directly supervising the child or reporting on the behavior or progress of the child.

"(2) Information or records received by a superintendent, principal, or respective designee under subdivision (1) may only be used for the limited purposes provided therein and shall remain confidential.

"(3) A juvenile probation officer, superintendent, principal, or designee of a superintendent or principal sharing or receiving information under subdivision (1) is immune from all civil and criminal liability if the individual acted in good faith and in compliance with this subsection.

"(c)(d) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor under the jurisdiction of the juvenile court."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Education

Parole and Probation

Juveniles

Probation Officers

Schools

Code Amended