Title 49, Chapter 5, Section 41.1
( 49-5-41.1)
(a) Notwithstanding Code Section 49-5-40, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term "juvenile court" means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made. (b) The juvenile court may permit authorized representatives of
recognized organizations compiling statistics for proper purposes to
inspect and make abstracts from official records under whatever
conditions upon their use and distribution the judge may deem proper
and may punish by contempt any violation of those conditions. The
judge shall permit authorized representatives of the Department of
Human Resources and the Council of Juvenile Court Judges to inspect
and extract data from child controlled substance and marijuana abuse
records for the purpose of obtaining statistics on juveniles and to
make copies pursuant to the order of the court. (c) In no case shall records of child controlled substance or marijuana abuse be retained by the Department of Human Resources beyond the 24 months from the date a report is first received pursuant to Code Section 19-7-6 by a child welfare agency providing protective services. (d) On application of a person who is the subject of a child
controlled substance or marijuana abuse report, and after a hearing,
the juvenile court may order the sealing of such reports, files, and
records of the Department of Human Resources. Upon entry of the
order, the Department of Human Resources shall treat the report and
related information as if the report had never occurred. All index
references shall be deleted and the person, the court, and the
Department of Human Resources shall properly reply that no record
exists with respect to the person upon inquiry in any matter.
Inspection of the sealed files and records thereafter may be
permitted by an order of the juvenile court upon petition by the
person who is the subject of the records and only by those persons
named in the order. |