Statutes | Indian Child Welfare Code Chapter 20 ยง 20.1, 20.1(e) | 2020

(I) Court Records. A record of all hearings under this code shall be made and preserved until the jurisdiction of the court has ended.

 

(2) Confidentiality. All court records are confidential and shall not be open to inspection other than by court personnel or by any person except for the following:

 

     (A) The minor and his or her attorneys

 

     (B) The minors parent, guardian or custodian and his or her attorney

 

     (C) The tribal caseworker and the tribal attorney

 

     (D) The presenting officer or

 

     (E) Any other person the court determines has a valid reason to see such records and who is issued a written order detailing the reasons for permitting such person to review such records.

 

All court files, documents, or other material associated with a child custody proceeding governed by this Code shall be kept confidential, unless ordered released by order of the court. This confidentiality provision applies to all divisions and departments of the Tribe, including social service and law enforcement agencies. This section applies to the release of the names of children, families or witnesses involved in proceedings under this Code. Disclosure of documents and material to authorized public agencies, whether tribal, federal or state, in the performance of the official duties of those agencies shall not violate this section.

All records included within this section shall be kept in a secure place by the Court Clerk, and shall be released only pursuant to procedures developed by the Judge presiding of the Court. No other release of information shall be permitted without an order of the court.

  

     (3) Oath Each person who inspects a minors record shall be required to sign a written oath pledging to maintain the confidentiality of the records. Failure to abide by this pledge shall constitute contempt of court.

 

     (4) Destruction of Records. All records of the minor shall be destroyed when the minor is no longer subject to the courts jurisdiction, except those records involving adoption, neglect, abandonment, or abuse of a minor shall not be destroyed and shall remain sealed until further order of the court.