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9-27-309. Confidentiality of records — Definition.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-27-309. Confidentiality of records — Definition.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-309

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:9-27-309
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 54434a6dcbb6ba4aa296341a573622f6b547530e31f184a9f02df98f2af876fd

Source location: content.xml paragraph 14894

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9-27-309. Confidentiality of records — Definition. (a) All records may be closed and confidential within the discretion of the circuit court, except: (1) Adoption records, including any part of a dependency-neglect record that includes adoption records, shall be closed and confidential as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.; (2) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be made available to prosecuting attorneys for use at sentencing if the juvenile is subsequently tried as an adult or to determine if the juvenile should be tried as an adult; and (3) The Administrative Office of the Courts shall provide the Arkansas Crime Information Center with records of delinquency adjudications for a juvenile adjudicated delinquent for an offense for which juvenile fingerprints shall be taken under § 9-27-320. (b)(1)(A) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult. (B) Thereafter they may be expunged. (2) The court may expunge other juvenile records at any time and shall expunge all the records of a juvenile upon his or her twenty-first birthday, in other types of delinquency, dependency-neglect, or families in need of services cases. (3) For purposes of this section, “expunge” means to destroy. (c) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult or until the juvenile's twenty-first birthday, whichever is longer. (d)(1) If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record. (2)(A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case. (e) This section does not apply to nor restrict the use or publication of statistics, data, or other materials that summarize or refer to any records, reports, statements, notes, or other information in the aggregate and that do not refer to or disclose the identity of any juvenile defendant in any proceeding when used only for the purpose of research and study. (f) This subchapter does not preclude prosecuting attorneys or the court from providing information, upon written request, concerning the disposition of a juvenile who has been adjudicated delinquent to: (1) The victim or his or her next of kin; or (2) The school superintendent of the school district or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (g) The prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services if the juvenile is adjudicated delinquent for: (1) An offense for which the juvenile could have been charged as an adult; (2) An offense involving a deadly weapon under § 5-1-102; (3) Kidnapping under § 5-11-102; (4) Battery in the first degree under § 5-13-201; (5) Sexual indecency with a child under § 5-14-110; (6) First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or (7) The unlawful possession of a handgun under § 5-73-119. (h) Information provided pursuant to subsections (f) and (g) of this section shall not be released in violation of any state or federal law protecting the privacy of the juvenile. (i)(1) If a juvenile is arrested for unlawful possession of a firearm under § 5-73-119, an offense involving a deadly weapon under § 5-1-102, or battery in the first degree under § 5-13-201, the arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services of the offense for which the juvenile was arrested or detained within twenty-four (24) hours of the arrest or detention or before the next school day, whichever is earlier. (2)(A) The superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services shall then immediately notify: (i) The principal of the school; (ii) The resource officer of the school; and (iii) Any other school official with a legitimate educational interest in the juvenile. (B) The arrest information shall: (i) Be treated as confidential information; and (ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section. (C) A person listed in subdivision (i)(2)(A) of this section who is notified of the arrest or detention of a juvenile by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives. (3) The arrest information shall be used by the school only for the limited purpose of obtaining services for the juvenile or to ensure school safety. (j) Records of the arrest of a juvenile, the detention of a juvenile, proceedings under this subchapter, and the records of an investigation that is conducted when the alleged offender is an adult and relates to an offense that occurred when the alleged offender was a juvenile shall be confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless: (1) Authorized by a written order of the juvenile division of circuit court; (2) The arrest or the proceedings under this subchapter result in the juvenile's being formally charged in the criminal division of circuit court for a felony; or (3) As allowed under this section or § 9-27-320. (k) Information regarding the arrest or detention of a juvenile and related proceedings under this subchapter shall be confidential unless the exchange of information is: (1) For the purpose of obtaining services for the juvenile, to ensure school safety, or to ensure public safety; (2) Reasonably necessary to achieve one (1) or more purposes; and (3) Under a written order by the circuit court. (l)(1) The information may be given only to the following persons: (A) A school counselor; (B) A juvenile court probation officer or caseworker; (C) A law enforcement officer; (D) A spiritual representative designated by the juvenile or his or her parents or legal guardian; (E) A Department of Human Services caseworker; (F) A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile; (G) A Department of Health representative; (H) The juvenile's attorney ad litem or other court-appointed special advocate; or (I)(i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile. (2) The persons listed in subdivision (l)(1) of this section may meet to exchange information, to discuss options for assistance to the juvenile, to develop and implement a plan of action to assist the juvenile, to ensure school safety, and to ensure public safety. (3) The juvenile and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (l)(1) of this section when three (3) or more individuals meet to discuss assistance for the juvenile or protection of the public due to the juvenile's behavior. (4) Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the juvenile's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (l)(1) of this section and the purpose for the disclosure. (5) Persons listed in subdivision (l)(1) of this section who exchange any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with limitations set forth in this section. (m)(1) When a court orders that a juvenile have a safety plan that restricts or requires supervised contact with another juvenile or juveniles as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student or school safety be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (2) When a court order amends or removes any safety plan outlined in subdivision (m)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student or school safety, be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (3)(A) The superintendent or principal of the school district in which the juvenile is enrolled or from which the juvenile receives services shall provide verbal notification only to school officials who are necessary to implement the safety plan as ordered by the court to ensure student safety. (B) This verbal notification may only be provided to assistant principals, counselors, resource officers, and the school employees who are primarily responsible for the supervision of the juvenile or responsible for the learning environment of the juvenile in the school district in which the juvenile is enrolled or from which the juvenile receives services, and to bus drivers, if applicable. (4) Any school officials that receive a court order and safety plan or information concerning the court order and safety plan shall: (A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan; (B) Keep the information confidential and shall not disclose the information to any person not listed in subdivision (l)(1) of this section; (C) Include the information in the juvenile's permanent educational records; and (D)(i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. (ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. (iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record. (5) When a student attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the juvenile's permanent records at the local education agency and destroyed.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1232g — Labor standards

All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1232g — Family educational and privacy rights

Page 906 TITLE 20—EDUCATION § 1232f Editorial Notes PRIOR PROVISIONS A prior section 1232e, Pub. L. 90–247, title IV, § 436, formerly § 426, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326, related to authority of Commissioner to vest title in equipment, prior to repeal by section 1231(a)(3) of Pub. L. 95–561. A prior section 442 of Pub. L. 90–247 was classified to section 1233a of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub- stituted ‘‘that local educational agency’’ for ‘‘that local education agency’’. Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after ‘‘program’’. Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub- stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap- pearing. Pub. L. 103–382, § 212(b)(3)(B), made technical amend- ment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act. Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub- stituted ‘‘individuals with disabilities’’ for ‘‘handi- capped individuals’’. 1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title. EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS § 1232f. Records (a) Records

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232g

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-1-102. Definitions.

5-1-102. Definitions. As used in the Arkansas Criminal Code: (1) “Act” or “action” means the same as defined in § 5-2-201; (2) “Actor” includes, when appropriate, a person who possesses something or who omits to act; (3) “Conduct” means the same as defined in § 5-2-201; (4) “Deadly weapon” means: (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; (5) “Element of the offense” means the conduct, the attendant circumstances, or the result of conduct that: (A) Is specified in the definition of the offense; (B) Establishes the kind of culpable mental state required for commission of the offense; or (C) Negates an excuse or justification for the conduct; (6)(A) “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) “Firearm” includes: (i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section; (7) “Included offense” means the same as defined in § 5-1-110(b); (8)(A) “Knowingly” or an equivalent term such as “knowing”, “with knowledge”, “willful”, or “willfully” means the same as knowingly as defined in § 5-2-202. (B) However, if the statute clearly indicates a legislative intent to require a culpable mental state of “purposely”, “willful” or “willfully” means the same as “purposely” defined in § 5-2-202; (9) “Law” includes a statute or court decisi

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-102. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-11-102. Kidnapping.

5-11-102. Kidnapping. (a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of: (1) Holding the other person for: (A) Ransom or reward; or (B) Any other act to be performed or not performed for the other person's return or release; (2) Using the other person as a shield or hostage; (3) Facilitating the commission of any felony or flight after the felony; (4) Inflicting physical injury upon the other person; (5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person; (6) Terrorizing the other person or another person; or (7) Interfering with the performance of any governmental or political function. (b)(1) Kidnapping is a Class Y felony. (2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-11-102. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-27-320. Fingerprinting or photographing.

9-27-320. Fingerprinting or photographing. (a)(1) When a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A, or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. (2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a Class Y, Class A, or Class B felony. (b)(1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court. (2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals. (3)(A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (B) When a juvenile departs without authorization fro

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-320

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-27-320. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-9-201. Short title.

9-9-201. Short title. This subchapter may be cited as the “Revised Uniform Adoption Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-9-201. This identifies an authority to review, not proof of applicability.