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Section 12-15-105

Notice of delinquent acts.

(a) Notwithstanding subsections (a) and (c) of Section 12-15-100, written notice that a child enrolled in a school, kindergarten to grade 12, inclusive, has been found delinquent of an act which if committed by an adult would be a Class A or B felony or any other crime at the discretion of the judge shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the child's case. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.

(b) Any information received by a teacher, counselor, administrator, or other school employee under this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, his or her parents or guardians, law enforcement personnel, and the juvenile's probation officer is necessary to effectuate the juvenile's rehabilitation or to protect students and staff.

(c) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor within the jurisdiction of the juvenile court.

(Act 99-433, p. 792, § 4.)



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