KRS 17.125: Agency sharing of records maintained on juvenile in facility, program, or

informal adjustment -- Confidentiality -- Provision of records -- Exception --

Violation.

(1) The following agencies are parts of Kentucky's juvenile justice system and shall,

subject to restrictions imposed by state or federal law, disclose and share with each

other all information they maintain on a juvenile in a facility or program or informal

adjustment authorized by law:

(a) All sheriff's offices, police departments, and any other law enforcement

agency;

(b) All Commonwealth's attorneys and county attorneys;

(c) The Attorney General;

(d) All jails and juvenile detention facilities, public and private;

(e) All courts and clerks of courts;

(f) The Administrative Office of the Courts;

(g) All departments within the Justice and Public Safety Cabinet;

(h) All departments within the Cabinet for Health and Family Services; and

(i) All RISE teams as defined in KRS 600.020.

(2) Except as provided in this section, all information shared by agencies specified

above shall be subject to applicable confidentiality disclosure, redisclosure, and

access restrictions imposed by federal or state law.

(3) Once a:

(a) Complaint is filed with a court -designated worker alleging that a child has

committed a status offense or public offense; or

(b) Child participates in a SOAR Program as defined in KRS 600.020 offered at

the child's school;

all public or private elementary or secondary schools, vocational or business

schools, or institutions of higher education shall provide all records specifically

requested in writing, and pertaining to that child, to any of the agencies listed in

subsection (1) of this section. Pursuant to the authority grante d to the

Commonwealth under the Family Educational Rights and Privacy Act, 20 U.S.C.

sec. 1232g, when this section refers to the release of educational records, the

purpose of the release shall be limited to providing the juvenile justice system with

the ability to effectively serve, prior to adjudication, the needs of the student whose

records are sought. The authorities to which the data are released shall certify that

any educational records obtained pursuant to this section shall only be released to

persons authorized by statute and shall not be released to any other person without

the written consent of the parent of the child. The request, certification, and a record

of the release shall be maintained in the student's file.

(4) Any request for records, the provision of records, the sharing of records, the

disclosure of records, or the redisclosure of records shall be done for official

purposes only, on a bona fide need to know basis, and only in connection with a

legitimate investigation, prosecution, treatment program, or educational program.

(5) Information and records relating to pending litigation in Circuit Court, District

Court, or a federal court and information and records relating to an ongoing

investigation are not subject to disclosure or sharing under this section.

(6) Obtaining or attempting to obtain a record relating to a minor or by sharing or

attempting to share a record relating to a minor with an unauthorized person is a

violation of this section.