With the exception of issues surrounding FERPA and schools, juveniles have almost no special protections when their information is contained in public documents in New Mexico.
This issue is commonly brought up in relation to incident reports. (See 2. ARIA and Original Records of Entry)
The short of it is: juveniles names and personal information cannot be redacted from incident reports. Incident reports about juveniles cannot be withheld. Period.
Although a litany of agencies don’t understand this, chief among them is the Santa Fe County Sheriff’s Office, which has a demonstrable pattern of illegally denying requests.
From page 12 of the AG’s IPRA guide:
“There is no law protecting arrest records concerning juveniles. Thus, they must be made available for inspection and copying to the same extent as adult arrest records.”
Only two protections specifically exist to exempt juvenile’s records. They are:
1. Social, medical and psychological records owned by: CYFD, Probation/Parole and Juvenile Parole Board
From page 17 of the AG’s IPRA Guide:
§ 32A-2-32. Juvenile records
Social, medical and psychological records obtained by juvenile probation and parole officers, the juvenile parole board or in the possession of the children, youth and families department are privileged and may be inspected only by authorized persons.
2. Communications regarding juveniles
From page 19 of the AG’s IPRA guide:
Rule 11-509. Communications regarding
juveniles
A child alleged to be a delinquent or in need of supervision and a parent, guardian or custodian who allegedly neglected his child may prevent the disclosure of privileged confidential communications between himself and a probation officer or a social services worker employed by the children, youth and families department made during the course of a preliminary inquiry.
(MORE TO COME)
