N.J. Admin. Code § 13:101-1.5
Current through Register Vol. 56, No. 23, December 2, 2024
Section 13:101-1.5 - Confidentiality of information relating to juveniles; use of confidential information in disciplinary proceedings(a) Records and statements in the possession of the Commission that are covered by the confidentiality provisions of 2A:4A-60, 60.2 and 60.3 may be reviewed when necessary and appropriate in the course of disciplinary proceedings under this chapter, and copies of such records and statements may be maintained in juvenile disciplinary files. However, at no time shall these permitted uses of such records and statements release or exempt them from the confidentiality provisions of this section.(b) All facility 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. May be released only in accordance with the provisions of 2A:4A-60; and3. Shall not be subject to public inspection or copying pursuant to the Open Public Records Act, 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; or2. Used in any investigation, or in any delinquency or criminal proceeding then pending or subsequently initiated. (See 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 2A:4A-60.3 )N.J. Admin. Code § 13:101-1.5
New Rule, R.2011 d.203, effective 8/1/2011.
See: 43 N.J.R. 168(a), 43 N.J.R. 1895(a).