7.5(bb)

How the Public Access Counselor has treated 7.5(bb)

Section 7.5(bb) applies to records that another Illinois law prohibits from disclosure. In these matters it was used for juvenile law enforcement records protected by the Juvenile Court Act of 1987, including incident reports, related video footage, and School Absentee Reports concerning minors taken into custody or limited custody. Disclosure of such records is generally allowed only by court order.

The Public Access Counselor generally agreed that police departments and sheriffs could withhold qualifying juvenile records, including when requested by a parent and when the subject was deceased. In one matter, however, it found a partial violation where a department withheld an entire incident report solely because juvenile suspects were involved, indicating the exemption must be applied to the records actually covered rather than used as a blanket withholding.

At a glance: 5 documents from 2021(0 binding opinions, 5 determination letters). Most often cited alongside: 7(1)(a) (Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version) (1); 7(1)(d)(iv) (Would disclose a confidential source or informant) (1).

Recurring issues

• Whether an entire police incident report may be withheld solely because juvenile suspects are mentioned in it. (Police reports on juvenile suspects at a golf course, A police incident report involving a juvenile, Police reports, body camera footage, and dispatch calls involving a juvenile)
• Whether a parent may obtain a police report about an incident involving her own child when juvenile confidentiality applies. (A police incident report involving a juvenile)
• Whether video footage related to a juvenile case is covered along with written police records. (Police reports, body camera footage, and dispatch calls involving a juvenile)
• Whether School Absentee Reports are records relating to minors taken into custody or limited custody. (Police school absentee reports on minors)
• Whether juvenile law enforcement records become disclosable after the subject of the records has died. (Juvenile criminal history records of a deceased individual)

Practical points

• A public body should review the report to identify the portion actually protected by juvenile confidentiality rather than withholding the entire report because juveniles are involved.
• A requester seeking juvenile law enforcement records will generally need to seek a court order authorizing disclosure.
• The death of the juvenile subject does not by itself remove the confidentiality protection.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.