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152 - DCH and Sealed Juvenile Cases

 
Request Status Summary
Request Status Authorized
Request Detail
Requestor Name:
   Alfasso, Lynne R (on behalf of the JISC Data Dissemination Committee)
Origination Date:
   06/18/2012
    
Recommended Endorser:
   Data Dissemination Subcommittee
Request Type: Change or Enhancement
Which Systems are affected? Judicial Information System (JIS)
Business Area: Case History
Communities Impacted: Public and Other Users
Impact if not Resolved: Medium
What is the Business Problem or Opportunity

This request is submitted on behalf of the JISC Data Dissemination Committee.  The request is that a court be able to print a view of the defendant case history screen (DCH) for the subject of the record or his/her designee that does not display information on the existence of a sealed juvenile case. 

At present, when a subject or his designee requests a copy of his/her DCH from the court, the subject or designee receives a copy of the “court view” of the DCH.  If the subject has a sealed juvenile case, information about the existence of that case is included on the DCH, with the notation that it is a sealed case (the information included is the case number, the name of the court, names of the parties, the notation "case sealed", the case type and charge unless the conviction has been vacated, in which case the information displayed is case number, case type, court, and the notation "vacated.")  However, because of the statutory restrictions on access to information about sealed juvenile cases, the JISC Data Dissemination Committee recommends that no information on sealed juvenile cases be provided on the copy of the DCH given to the subject or his designee.

 

Restrictions on Access to Sealed Juvenile Case Information

Once the juvenile court seals a juvenile offense case file pursuant to RCW 13.50.050 (11) and (12), access to information in the file is restricted, as set forth in RCW 13.50.050 (14) – (16). RCW 13.50.050 (14) provides the following restrictions on access to information about sealed juvenile cases:

 

(a)   If the court grants the motion to seal made pursuant to subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.  (Emphasis added.)

 

While RCW 13.50.050 (16) specifically requires that the JIS provide prosecutors with information about the existence of a sealed juvenile case, no other JIS user, with the exception of the courts, is provided with information about the existence of a sealed juvenile case.  The DCH screen displayed in JIS to public defenders and law enforcement, for example, does not include information on the existence of a sealed juvenile case.  The general public does not have access to the DCH screen or to information on the existence of a sealed juvenile case. 

 

The JISC Data Dissemination Committee recommends that courts be able to print out a view of the DCH for the subject that does not include any sealed juvenile case information. 

 

Availability of the DCH Screen

The DCH screen in JIS is not available for public access because it is a “compiled record.”[1]  However, the Data Dissemination Policy (DD Policy) provides that a copy of the DCH may be given to the subject of the record or their designee upon written request accompanied by a signed waiver of privacy.[2]

 

When an individual or the individual’s designee requests a copy of the DCH screen from the court, they are given a copy of the DCH screen which is available to the court. Information on the existence of any sealed juvenile cases the subject may have is included on the DCH because that information is available to the court.  

 

The JIS displays different information to a user depending on the user’s security level.  The information available to a member of a public is not the same as the information available to a prosecutor or court, for example.

 

A “view” of the DCH that does not include sealed juvenile case information already exists in the JIS, because this is the DCH that is viewed by JIS users with security level 20 (public defenders, for example) and level 22 (law enforcement, for example.)  This ITG request asks that court users be able to print this view while still logged in as a court user.  The JISC Data Dissemination Committee discussed whether a solution to this issue might be to allow court users to log into the JIS under a different security level and print the DCH screen from a level which does not include sealed juvenile case information.  This potential solution was discarded because it would be too time-consuming for the court employee to log-out as a court user and log back in as another type of user for each customer requesting a copy of a DCH.  The Committee would like courts to have the ability to print a “Subject’s DCH” that does not include the sealed juvenile case information.

 

Subjects ask for copies of their DCH for many reasons.  Defendants sent by the court for drug and alcohol evaluations are asked (or required) to take a copy of their DCH with them.  Subjects may be asked to sign a waiver allowing prospective employers, including army recruiters, to see a copy of the screen.  A subject who has relocated, or is stationed out-of-town with the military, may need a DCH and be unable to request it in person, and need to designate someone to go to the court and obtain a copy.   

 



[1] DDPolicy III.B.5.

[2] DD Policy III.B.4.

Expected Benefit:

No information on the existence of a sealed juvenile case will be provided by the court except to the prosecutor and to other courts.

Any Additional Information:

Judge Thomas Wynne is the Chair of the JISC Data Dissemination Committee and is available to explain this request if you need additional information.

The County Clerks' Association has discussed this request and they are in support of the request.

The Juvenile Court Administrators' are generally in support of this request.

Endorsement Detail
Endorsing Committee
   Data Dissemination Subcommittee
Endorser Name:
   Ammons, Kevin on belhalf of the Data Dissemination Committee
Origination Date:
   06/28/2012
Endorsing Action: Endorsed
Endorser’s Explanation and Comments

The Data Dissemination Committee approved this request at their meeting on May 30, 2012.

AOC Analysis Detail  – Superseded
Analysis Date: 09/13/2012
Request Rationale
Aligns with JIS Business Priorities, IT Strategies & Plans: Yes
Aligns with applicable policies and with ISD Standards: Yes
Breadth of Solution Benefit: Wide
Cost Estimates
Cost to Implement? 425 hours
Feasibility Study needed? Yes
Court Level User Group
Multi-level CLUG
Approving Authority Administrator
Request Summary:

At present, when a subject or his designee requests a copy of his/her Defendant Criminal History (DCH) from the court, the subject or designee receives a copy of the "court view" of the DCH. If the subject has a sealed juvenile case, information about the existence of that case is included on the DCH, with the notation that it is a sealed case (the information included is the case number, the name of the court, names of the parties, the notation "case sealed", the case type and charge unless the conviction has been vacated, in which case the information displayed is case number, case type, court, and the notation "vacated.") However, because of the statutory restrictions on access to information about sealed juvenile cases, the Judicial Information Systems Committee (JISC) Data Dissemination Committee recommends that no information on sealed juvenile cases be provided on the copy of the DCH given to the subject or his designee. The JISC Data Dissemination Committee recommends that courts be able to print out a view of the DCH for the subject that does not include any sealed juvenile case information.

 

Business Impacts:

This enhancement would provide the opportunity to ensure that no information on the existence of a sealed case will be provided by the court to anyone other than prosecutors and other courts.

Summary of Proposed Solution

The Administrative Office of the Courts (AOC) proposes to conduct an in depth analysis in order to identify the solution options for this request.

Proposed Solution

AOC proposes to conduct an in depth analysis in order to identify the solution options for this request. The in depth analysis will identify a recommended solution and the effort required to implement the solution.

Additional Systems Affected
Judicial Information System (JIS)
Communities Impacted
County Clerks
Superior Court Administrators
CLJ Managers
Public and Other Users
Confirmation of Endorsing Action Detail  – Superseded
Endorsing Committee
   Data Dissemination Subcommittee
Endorser Name:
   Ammons, Kevin on behalf of the Data Dissemination Committee
Origination Date:
   12/11/2012
Endorsing Action: Returned
Endorser’s Explanation and Comments

At the DDC mmeting on December 7, 2012, the committee voted to return this request to AOC for further analysis with the attached clarifications included. 

Problem:   District and municipal court staff often help customers that request a copy of the case history (ICH) or the criminal history (DCH) on either themselves or on an individual if they have a release of information form.    When the court employees use the ICH/DCH commands in JIS, their JIS security access level allows them to view sealed juvenile offender cases.   However, per RCW 13.50.050(14), once a juvenile offender case is sealed, “the proceedings shall be treated as if it never occurred.”    

 

The existence of a sealed juvenile offender case should not be printed on a report that is then given to the public.   Due to the business process and sometimes large demand for copies of this information, the access to a public version of this report needs to be kept easy and simple.   

 

Therefore, we would recommend that the court users can still print the report for the customer from the same screen that they can do so now (DCH or ICH), just add another option to print a public version.  The public version would have no sealed juvenile cases and the “confidential – not for release” message would not be displayed.  Consensus was that this public version of the report can come from the data warehouse, as the “real time” issue is not a detriment. If the data warehouse as the source for this public report makes this easier, cheaper to do, that would be great.   We prefer whatever is easier.   JABS would not be changed at all. 

 

1.     On the DCH/ICH screens, add another option to print a “public version” of the report that filters out all sealed juvenile cases.

 

AOC Analysis Detail
Analysis Date: 12/17/2012
Request Rationale
Aligns with JIS Business Priorities, IT Strategies & Plans: Yes
Aligns with applicable policies and with ISD Standards: Yes
Breadth of Solution Benefit: Wide
Cost Estimates
Cost to Implement? 160 hours
Feasibility Study needed? No
Court Level User Group
Multi-level CLUG
Approving Authority CIO
Request Summary:

At present, when a subject or his designee requests a copy of his/her Defendant Criminal History (DCH) from the court, the subject or designee receives a copy of the “court view” of the DCH. If the subject has a sealed juvenile case, information about the existence of that case is included on the DCH, with the notation that it is a sealed case (the information included is the case number, the name of the court, names of the parties, the notation "case sealed", the case type and charge unless the conviction has been vacated, in which case the information displayed is case number, case type, court, and the notation "vacated.") However, because of the statutory restrictions on access to information about sealed juvenile cases, the Judicial Information Systems Committee (JISC) Data Dissemination Committee recommends that no information on sealed juvenile cases be provided on the copy of the DCH given to the subject or his designee.  The JISC Data Dissemination Committee recommends that courts be able to print out a view of the DCH for the subject that does not include any sealed juvenile case information and that this is added as an option only on the current DCH screen.

Business Impacts:

This enhancement would provide the opportunity to ensure that no information on the existence of a sealed case will be provided by the court to anyone other than prosecutors and other courts.

Summary of Proposed Solution

The Administrative Office of the Courts (AOC) proposes to modify the DCH screen by adding an option to print the DCH without including any information on sealed juvenile cases sealed cases. 

Proposed Solution

AOC proposes to modify the DCH screen by adding an option to print the DCH without including any information on sealed juvenile cases sealed cases.  Currently, the printed DCH includes the phrase “Confidential – Not for Release”.  The new print option will replace this with the phrase “Defendant’s Case History Copy”, or a similar phrase. 

Additional Systems Affected
Judicial Information System (JIS)
Communities Impacted
County Clerks
CLJ Managers
Public and Other Users
Confirmation of Endorsing Action Detail
Endorsing Committee
   Data Dissemination Subcommittee
Endorser Name:
   Ammons, Kevin on behalf of the Data Dissemination Committee
Origination Date:
   01/03/2013
Endorsing Action: Endorsed
Endorser’s Explanation and Comments

At its meeting on January 3, 2013, the JISC Data Dissemination Committee discussed the revised analysis of ITG 152 and endorsed going ahead with this Request.  It is the intent of the Data Dissemination Committee that the subject of the report (or his designee) only be able to request a copy of the DCH screen that does not contain information on sealed juvenile cases, absent a court order.

Submitted Comment Detail
Name:
   Kevin Ammons on Behalf of Michael Curtis
Date:
   01/31/2013
Comment Reviewed by: Commission on Children in Foster Care
Comments:
While not specific to the dependency process, because there is significant cross system overlap (i.e., kids in the child welfare system who also have been involved in the juvenile justice system), implementing this proposal would benefit those dual status youth who have had their juvenile offender record sealed and therefore the Commission on Children in Foster Care would not be opposed to this request.
Court Level User Group Decision Detail
CLUG Multi-level CLUG
Chair of Group Richard Johnson
Date of Decision 02/01/2013
Decision
Decision to Recommend for Approval Unamimously recommended to the approving authority
Priority Processing Status Prioritized
Ranking
Request Priority 2
Request Importance High
Scoring Detail
In making their decision, detailed score values were not provided by Multi-level CLUG.
Implementation Detail  – Superseded
Analysis Date:
Implementation Stage Authorized
Prioritization Option: Non-Prioritized
Implementation Detail
Analysis Date:
Implementation Stage Authorized
Prioritization Option: Non-Prioritized
Comments:

Additional comments entered on behalf of Commission on Children in Foster Care:

Given the cross system prevalence of foster children involved in the juvenile justice system, this proposal is one that the Commission on Children in Foster Care would support.  Outcome data on Foster youth/former foster youth is relatively poor, especially when compared to youth who have no history of involvement in the child welfare system.  A juvenile record creates additional barriers to a successful independent adulthood.  If a former foster youth/juvenile offender has met the requirements for sealing and then taken the initiative to have a record sealed, the effort is undermined by the inclusion of information of a sealed record on a defendant case history report.  This proposed change would be a small step toward facilitating better life outcomes for these individuals.

 
 
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