§12.3 RECORDS OF CHILDREN AND JUVENILES
Exemptions for disclosure of information related to records of children and juveniles are discussed below.
(1) Child programs
In 2011, the legislature added a "personal information" exemption to the PRA that applies broadly to participants "in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs." RCW 42.56.230(2). Although other laws existed to exempt information for specified programs, this law was designed to fill an identified gap for programs like child care or camps run by parks that could have required such programs to produce records about children to parents involved in custody disputes or to requestors who posed a safety risk. Requestors previously could request and be allowed to receive identifying and private information about children in care of these kinds of programs if the programs were not specifically exempt as part of schools, public welfare programs, or other exempt programs. The "personal information" exempted by this law includes addresses, phone numbers, e-mail addresses, and other specific elements of identifying information, but the list is not exclusive. It is noted that the list does not include names of the children but does list other identifying details including addresses, Social Security numbers, and dates of birth.
This exemption has not yet been interpreted by appellate courts, but it applies to "personal information," the same term used in RCW 42.56.230(1), which the court in Lindeman v. Kelso School District No. 458, 162 Wn.2d 196, 202, 172 P.3d 329 (2007), defined as "information peculiar or proper to private concerns." The legislature did not incorporate the privacy standard in this exemption as it did for employees in RCW 42.56.230(3).
(2) Juvenile justice and care agencies
The standards for disclosure of records of juveniles and children involved with public agencies as offenders or recipients of child welfare services are governed by the juvenile code, Chapter 13.50 RCW. See Deer v. Dep't of Social & Health Servs., 122 Wn.App. 84, 91, 93 P.3d 195 (2004) (process to obtain juvenile and dependency records governed exclusively by Chapter 13.50 RCW, not PRA); In re Dependency of KB., 150 Wn.App. 912, 919-21, 210 P.3d 330 (2009); Wright v. State, 176 Wn.App. 585, 309 P.3d 662 (2013), review denied, 179 Wn.2d 1021 (2014).
(a) Common provisions
The juvenile records statutes apply to records held by a "juvenile justice or care agency" denned to include the police, courts, prosecuting attorneys, the Office of the Attorney General, DSHS and its contractors, schools, and any public or private agency having custody of children, including the Department of Children, Youth, and Families. RCW 13.50.010(1)(b). Some of these entities, for example courts, do not fit within the definition of "agency" in the PRA, and thus access maybe covered solely by the juvenile records laws. RCW 42.56.010(1). However, RCW 13.34.110 and Chapter 13.50 RCW do not apply to appellate courts, which are not included as a "court" within the definition of the juvenile code. In re Dependency of J.B.S., 122 Wn.2d 131, 135-36, 856 P.2d 694 (1993) (citing RCW 13.50.010(1)(a) and RCW 13.04.011(4)). This remains technically the case, but in In re Dependency of E.H., 191 Wn.2d 872, 897-98, 427 P.3d 587 (2018), the Supreme Court, citing In re Dependency of GA.R., 137 Wn.App. 1, 12-13, 150 P.3d 643 (2007), held that GR 15(g) partially abrogated Dependency of J.B.S. and "preserves the confidentiality of juvenile court files and records," and therefore "records that are sealed under RCW 13.50.100(2) remain confidential on appeal, ...."
The records covered by the juvenile laws clearly fall within the definition of "public records" in the PRA when held by a public agency. Deer, 122 Wn.App. at 89. The prohibition of disclosure in RCW 13.50.050 and .100 is broadly stated, without limitation to those public agencies that acquire juvenile offender and child welfare files. Confidentiality continues with the records when provided to another source. Records held by agencies not part of the court file are confidential and part of the child's social file. Wright, 176 Wn.App. 585.
It is clear that juvenile records laws apply under the "other statute" exception to prohibit disclosure. RCW 42.56.070(1); Deer, 122 Wn.App. at 93-94 (describing relationship between PRA and juvenile "other statute" exemptions in Chapter 13.50 RCW). The Court of Appeals in Deer observed that the PRA and Chapter 13.50 RCW "do not conflict" but the juvenile laws "supplement" the PRA. 122 Wn.App. at 93. The same division of the Court of Appeals later cited to the dependency proceeding of Deer for authority that "[C]hapter 13.50 RCW supplements the PRA and provide[s] the exclusive process for obtaining juvenile justice and care agency records." KB., 150 Wn.App. at 920. In Wright, the Court of Appeals reaffirmed its earlier ruling that Chapter 13.50 RCW, not the PRA, applies exclusively to juvenile justice agency records, and that dependency records are disclosed only under that chapter even if not requested within the context of a dependency proceeding. 176 Wn.App. at 599. Compliance with Chapter 13.50 RCW is designated as the sole method to obtain juvenile records. Id.
All juvenile justice or care agencies are responsible to keep accurate records and correct or expunge false information. RCW 13.50.010(3)(a). They also must protect the security of the records and act to ensure their completeness. RCW 13.50.010(3)(b), (c). Files held by covered agencies must also implement procedures to "facilitate inquiries" about records, which accords with the PRA's policy of granting access to public records. RCW 13.50.010(4). If someone believes there is information about him or her in an agency's records and the agency denies access, that person can seek a court order to authorize inspection of those records despite the general confidentiality protections. RCW 13.50.010(5). The court must grant the request unless it finds that it is in the best interests of justice or the juvenile to keep the records confidential.
The juvenile or the juvenile's parents or any other person listed in the records has the right, with notice to the parties and the agency, to challenge the accuracy or possession of the record in court. RCW 13.50.010(6), (7). The court may order correction or destruction of the records as a result of the challenge. Courts may allow inspection by or disclosure to health care providers or agencies caring for or treating a juvenile or for research purposes. RCW 13.50.010(8); see Seattle Times Co. v. Benton County, 99 Wn.2d 251, 661 P.2d 964 (1983) (journalist's request for access to child records could be "legitimate research" under this statute; remanding the case to juvenile court for a determination of whether access should be granted and how to preserve anonymity and confidentiality of the records). Juvenile records may also be kept by the Administrative Office of the Courts and the Office of Public Defense, but their confidentiality must be maintained. RCW 13.50.010(12), (13).
(b) Juvenile offender records
RCW 13.50.050 applies to records of the commission of juvenile offenses, including diversions. The official court files of juvenile offenders are open to the public unless...
