Minors listed by name in police report

[mistoffolees]

How do you know that? I might suggest a bit of dry reading such as the school code.

A school's best partner is the local police department. When they partner in this manner crime is stopped before it reaches the school.

While that's undoubtedly true, I'm not sure that it gives the police the legal right to release confidential information about a minor to the school authorities over an incident that did not involve the school.

As I said, I would go talk to the police ombudsman. Right after I got the child started on an appropriate treatment / punishment protocol.

 

[CdwJava]

I have searched the MO codes, but cannot find the laws relating to who can release juvenile reports to whom and for what reasons. This is something that likely can only be answered by someone familiar with juvenile law in MO. If you have an issue with this and feel that some law might have been broken, you might want to consider consulting an attorney.

There are states - mine being one of them - that permits schools to occasionally be considered an authorized recipient of police reports involving juveniles, depending on the situation even if unrelated to school activities or property. There may very well be a good and lawful reason to release these reports to the school. What the legal authority might be is not immediately clear. But, all because the authority is not immediately present does NOT mean it does not exist.

Unless the school takes some action against your child as a result of this report, or you have cause to sue the school or someone else for some reason, this may be a question that you will not be able to answer without consulting a local attorney well versed in juvenile records laws. If MO is similar to my state of CA, then this is not an area of common knowledge and many attorneys might not have a clear answer on it, either.

 

[beano52]

I have searched the MO codes, but cannot find the laws relating to who can release juvenile reports to whom and for what reasons. This is something that likely can only be answered by someone familiar with juvenile law in MO. If you have an issue with this and feel that some law might have been broken, you might want to consider consulting an attorney.

There are states - mine being one of them - that permits schools to occasionally be considered an authorized recipient of police reports involving juveniles, depending on the situation even if unrelated to school activities or property. There may very well be a good and lawful reason to release these reports to the school. What the legal authority might be is not immediately clear. But, all because the authority is not immediately present does NOT mean it does not exist.

Unless the school takes some action against your child as a result of this report, or you have cause to sue the school or someone else for some reason, this may be a question that you will not be able to answer without consulting a local attorney well versed in juvenile records laws. If MO is similar to my state of CA, then this is not an area of common knowledge and many attorneys might not have a clear answer on it, either.

Thank you for this information. He was suspended from the football program due only to this police report. He has met all MSHAA requirements for re-instatement but "school policy" states, to the effect, 365 day suspension for possesion of alcohol. We have a lawyer that eliminated the Minor in Possesion ticket but is unclear (or at least unclear with us) on the release of the police report to the school.

We have appealed the schools decision but they state that due only to the police report, he is ineligible.

Again, I appreciate any helpful information.

 

[CdwJava]

Thank you for this information. He was suspended from the football program due only to this police report. He has met all MSHAA requirements for re-instatement but "school policy" states, to the effect, 365 day suspension for possesion of alcohol. We have a lawyer that eliminated the Minor in Possesion ticket but is unclear (or at least unclear with us) on the release of the police report to the school.

We have appealed the schools decision but they state that due only to the police report, he is ineligible.

Again, I appreciate any helpful information.

I suspected as much, and I searched as best I could in the MO statutes, but if it is anything like ours, these regulations are found in unlikely places.

You have two issues here - the release of juvenile records to a party, and public records regulations. By law, the school might very well be an authorized party since the students attend school there. This is arguable. Under normal circumstances, it is unlikely that the police would be able to release a report naming juvenile suspects to a private party, but the schools may be an exception to that.

We have had the same thing happen out here, but the schools tend to be included in that loop and kids that engage in criminal conduct off campus and away from school can lose access to extra curricular activities. I won't go into the reasons why this is a GOOD policy (IMO), but it is a common one here and, I suspect, most other states.

If the attorney is unable to determine this for certain, then it may be buried deep within the statutes. On the other hand, the complaint you might have would be with the police for releasing the information, not the school for having possession of it. If anything, it is a violation of some regulation for the police to release it - not likely a violation for the school to possess it. In such an instance, the end result would likely be the same and your son would be off the team for his conduct.

As a father of teenage sons and foster parent to others (with two of four boys on the high school football team), I can say definitively that if my boy(s) were caught drinking at some party he would likely be off the team whether the school wanted him off or not. But, that's me.

I'm curious ... How did they get the MIP dropped? Or, did he have to agree to some form of diversion to avoid any penalties?

 

[quincy]

A very cursory look through Missouri statutes shows that under Mo Rev Stat Section 211.321 (2)(1)(a), juvenile records can be released to a person or agency, including officials at a child's school, if that person or agency will be part of an effort to assist with the child's case.

Specifically, 211.321 (2)(1)(a) states that "The juvenile officer is authorized at any time: To provide information to or discuss matters concerning the child, the violation of law or the case with...officials at the child's school..."

And school officials, in turn, can report or disclose educational records to law enforcement and juvenile justice authorities if the disclosure concerns the ability to service the student whose records are released. Mo Rev Stat Section 167.020 (2)(2)(7)

Measures must be taken, however, to protect the confidentiality of the juvenile.

Juvenile records are not open for public inspection, except by court order.

When this matter is resolved, beano, you will want to make sure that all of the records pertaining to your child's arrest are expunged.

 

[stealth2]

As a father of teenage sons and foster parent to others (with two of four boys on the high school football team), I can say definitively that if my boy(s) were caught drinking at some party he would likely be off the team whether the school wanted him off or not. But, that's me.

Ditto that wrt my athlete.

We had a situation last year where the team captain of my daughter's team was suspended for possession of MJ. She wasn't allowed to play while suspended - I'll admit that I was appalled that she was not only allowed to rejoin the team, but also retained her captaincy. Sorry - that is not the kind of role model I want for my kid.

 

[mistoffolees]

A very cursory look through Missouri statutes shows that under Mo Rev Stat Section 211.321 (2)(1)(a), juvenile records can be released to a person or agency, including officials at a child's school, if that person or agency will be part of an effort to assist with the child's case.

Specifically, 211.321 (2)(1)(a) states that "The juvenile officer is authorized at any time: To provide information to or discuss matters concerning the child, the violation of law or the case with...officials at the child's school..."

And school officials, in turn, can report or disclose educational records to law enforcement and juvenile justice authorities if the disclosure concerns the ability to service the student whose records are released. Mo Rev Stat Section 167.020 (2)(2)(7)

Measures must be taken, however, to protect the confidentiality of the juvenile.

Juvenile records are not open for public inspection, except by court order.

When this matter is resolved, beano, you will want to make sure that all of the records pertaining to your child's arrest are expunged.

Thanks for looking that up. It does look like the police are allowed to give juvenile information to the school even though the incident happened on private property. I guess I was wrong.

I wonder if that statute has been challenged on appeals.

 

[beano52]

....
I'm curious ... How did they get the MIP dropped? Or, did he have to agree to some form of diversion to avoid any penalties?

I guess I should have said "reduced" to littering.

After looking up the Missouri statute 211.321 I do have a brief question.

Paragraph 3 states to the effect that Peace officers' records shall be closed, except by order of the court. It is the "Police Report" that the school has, not "court records".

HERE --> http://www.moga.mo.gov/statutes/C200-299/2110000321.HTM]Section 211-321 Juvenile court records, confidentiality <-- is the link

I want to thank everyone for the "helpful" information.

I really have a hard time with the release of a police report or court records for a juvenile with out "legitimate" reason.

 

[Free_Advice]

why not? they may be provided under a FOIA request unless an exemption is claimed.

 

[mistoffolees]

I guess I should have said "reduced" to littering.

After looking up the Missouri statute 211.321 I do have a brief question.

Paragraph 3 states to the effect that Peace officers' records shall be closed, except by order of the court. It is the "Police Report" that the school has, not "court records".

HERE --> http://www.moga.mo.gov/statutes/C200-299/2110000321.HTM]Section 211-321 Juvenile court records, confidentiality <-- is the link

I want to thank everyone for the "helpful" information.

I really have a hard time with the release of a police report or court records for a juvenile with out "legitimate" reason.

Keep reading to section 2(1)(a):

(1) The juvenile officer is authorized at any time:

(a) To provide information to or discuss matters concerning the child, the violation of law or the case with the victim, witnesses, officials at the child's school, law enforcement officials, prosecuting attorneys, any person or agency having or proposed to have legal or actual care, custody or control of the child, or any person or agency providing or proposed to provide treatment of the child. Information received pursuant to this paragraph shall not be released to the general public, but shall be released only to the persons or agencies listed in this paragraph;

By statute, they can discuss it with the school.

However, they can also discuss it with OP who is the parent if OP has joint legal custody. OP should take his custody documents to the police department and ask for a copy of the report.

why not? they may be provided under a FOIA request unless an exemption is claimed.

Because I believe that juvenile records are automatically exempt from FOIA requests - unless you can see where they'd be permitted under the above statute.

 

[beano52]

Thanks everyone for the help and opinions.