With the school year now in full swing, questions are surfacing regarding law enforcement communication with schools about juvenile involvement in the justice system. The reality that School Resource Officers (SROs) are often embedded in schools and can feel like part of the school team is often reflected in these questions. September is a good time to review the very limited circumstances in which law enforcement is authorized to share information with schools about a youth’s involvement with the juvenile justice system and when law enforcement can share information with schools about youth who are involved in the criminal justice system.
Confidentiality of Juvenile Records
The Juvenile Code generally establishes a framework of confidentiality for records related to delinquency matters. This includes that various records must be withheld from public inspection and can only be examined and copied by individuals who are listed in the relevant statute. Any additional access to such records is only available pursuant to a court order. This framework applies to:
- Juvenile court records (G.S. 7B-3000(b)),
- All law enforcement records and files concerning a juvenile (unless jurisdiction has been transferred to superior court for prosecution as a criminal matter) (G.S. 7B-3001(b)), and
- All records and files maintained by the Division of Juvenile Justice (G.S. 7B-3001(c)).
The list of individuals who can access those records without a court order varies by the type of record (although the juvenile and their attorney; the juvenile’s parent, guardian, or custodian or that person’s authorized representative; and juvenile court counselors are allowed access to all such records without a court order). None of the statutory lists allow schools or school personnel to access any such records without a court order.
School Notification of Delinquency Matters
Limited Scope of School Notification
The Juvenile Code contains explicit and limited authority for school notification about a juvenile’s involvement in a delinquency matter. Schools must be notified when the allegations include that the juvenile committed an offense that would constitute a Class A – E felony if committed by an adult and when:
- The petition alleging that allegation is filed;
- Jurisdiction over the matter is transferred to superior court for criminal prosecution;
- The petition containing that allegation is dismissed; or
- The court modifies or vacates any dispositional order issued based on an adjudication of delinquency for that allegation. G.S. 7B-3101(a)(1)-(3), (5).
School notification is also required when the court issues an order of disposition based on an adjudication of delinquency for an offense that would constitute a felony if committed by an adult and the disposition includes an order of probation requiring school attendance. G.S. 7B-3101(a)(4).
The law does not allow for school notification regarding delinquency matters outside of these circumstances. For example, there is no legal authority to notify a school about a juvenile’s involvement with diversion prior to the filing of a petition or regarding the filing of petitions that allege only Class F – I felony offenses or misdemeanors.
Law Enforcement Not Authorized to Effectuate School Notifications in Delinquency Matters
The delinquency school notifications described above are only allowed to be made by the juvenile court counselor. G.S. 7B-3101(a). The juvenile court counselor must make the notification verbally and in writing to the principal of the school that the juvenile attends. Id. This is true even when there is an SRO who is regularly working in the school. The SRO is not authorized to make any school notifications related to delinquency matters.
Limited Information Sharing Allowed Between Local Law Enforcement and Local School Administrative Units
The Juvenile Code does allow for some information sharing between local law enforcement and schools. Limited information sharing between local agencies about juveniles who are involved in delinquency matters is required under G.S. 7B-3100 and its associated implementing regulation (14B NCAC 11A.0301). The information sharing is mandated between agencies listed in the law on request when a petition is filed alleging that a juvenile is undisciplined or delinquent. The authorized information sharing is allowed as long as the court retains jurisdiction in the undisciplined or delinquency matter. This law also covers situations outside the scope of delinquency jurisdiction, including assessments of reports of child abuse, neglect, or dependency; the arrangement or provision of protective services in a child abuse, neglect, or dependency case; when a petition is filed alleging a juvenile is abused, neglected, or dependent; and consultations for vulnerable juveniles. These other circumstances are beyond the scope of this blog.
Local Entities Allowed to Share Information
Agencies designated to share information pursuant to this law include:
- The Department of Juvenile Justice & Delinquency Prevention;
- The Office of Guardian Ad Litem Services of the Administrative Office of the Courts;
- County Departments of Social Services;
- Area mental health developmental disability and substance abuse authorities;
- Local law enforcement agencies;
- District attorneys' offices (provided that disclosure or release of any information in the possession of a district attorney is not required);
- County mental health facilities, developmental disabilities and substance abuse programs;
- Local school administrative units; and
- Local health departments.
In addition, the chief district court judge may issue an administrative order designating additional local agencies within the judicial district as agencies authorized to share information under this law.
Inclusion of local law enforcement agencies and local school administrative units on the list of agencies covered by this information sharing statute means that information between these entities must be shared on request of either entity. It is important to note that the local school administrative unit is defined in G.S. 115C-5(6) as “a subdivision of the public school system which is governed by a local board of education. It may be a city school administrative unit, a county school administrative unit, or a city‑county school administrative unit.” It therefore appears that the authorized information sharing is not between local law enforcement and a specific school, but between local law enforcement and the local school’s administrative unit. Local schools could potentially be added to the list of agencies allowed to share information through an administrative order issued by the chief district court judge.
Information Sharing Limited in Scope
The local interagency information sharing allowed under G.S. 7B-3100 is limited in several ways.
- Any information shared must not be publicly disclosed. The information remains confidential and must be withheld from public inspection.
- Information may only be shared for two purposes: a) for the protection of the juvenile and others or b) to improve the educational opportunities of the juvenile.
- Information about a juvenile cannot be released when that release is not authorized by federal law regarding the confidentiality of educational records (the Family Educational and Privacy Rights Act).
Given this structure, G.S. 7B-3100 allows local law enforcement to share information about a juvenile with the local school administrative unit when a petition has been filed alleging that the juvenile is undisciplined or delinquent if that information is being shared for the protection of the juvenile and others or to improve the educational opportunities of the juvenile. This kind of information sharing is authorized as long as the court retains jurisdiction in the matter that was the subject of the petition.
It is important to remember that even when information sharing is authorized under G.S. 7B-3100, that information does not become public and law enforcement records and files concerning the juvenile cannot be viewed or copied by any person who is not authorized for that access by statute (G.S. 7B-3001(b)) or by court order.
School Notification of Criminal Matters
Under the current law of juvenile jurisdiction, matters in which a youth is charged with committing any Class A – E felony offense at age 16 or 17 begins under criminal jurisdiction. G.S. 7B-1501(7)b.2. School notification in these criminal matters is governed by G.S. 15A-505(c). Under this law, the law enforcement officer who charges a person with a felony criminal offense (other than a Chapter 20 motor vehicle offense) must notify any public or private secondary school that the person attends when that person is charged . The notification may be made in person or by phone and must be provided to the principal of the school the person attends as soon as practicable and at least within five days. If the person is taken into custody, the notification can be made by either the law enforcement officer or their immediate supervisor. This felony arrest notification must be provided to the principal of the school in writing within five days of the person’s arrest.
It is notable that this law does not refer to juveniles or minors. Instead, it covers any person who attends any public or private school authorized under the law that governs elementary and secondary education (Chapter 115C of the General Statutes). Therefore, high school students who are 18 or older are also covered under this school notification law. Colleges and universities are not included in the notifications required by this law.
Additionally, this law is clear that the notification must be made either by the law enforcement officer who charges the person (if the person is not arrested) or by that law enforcement officer or their immediate supervisor (if the person is arrested). Depending on the circumstances of charging and arrest, the SRO may not be the law enforcement officer who is responsible for the notification.
Finally, juvenile confidentiality law does not apply to information sharing between law enforcement and schools in relation to matters that are being criminally prosecuted. When a youth under the age of 18 is being prosecuted as an adult in criminal court, information about their arrest is public information in the same way that arrest information related to adults is public information. G.S. 132.1.4(c). For more information on the public nature of information about the criminal arrest of youth under age 18, see my blog on Public Records and Minors Arrested Under Criminal Jurisdiction.
Navigating This Legal Landscape
Given this legal structure, it is important for law enforcement to answer the following questions when assessing whether information can be shared with schools.
- Is the matter under criminal or juvenile jurisdiction? It is critical to answer this question to know which law applies.
- If the matter is under juvenile jurisdiction, is there a local administrative order that adds any local agencies to the list of agencies designated for local information sharing? If so, information sharing that complies with the requirements in G.S. 7B-3100 applies to those agencies as well.
- If the matter is under juvenile jurisdiction, is there information requested by the local school administrative unit or other local agency designated for information sharing under G.S. 7B-3100 that is related to a case in which an undisciplined or delinquency petition is pending and that would comply with the statutory purposes for information sharing? If so, law enforcement must share that information as allowed under the statute.
