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Pennsylvania Statutes Title 24 P.S. Education § 13-1306-D. Judicial proceeding

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Protection of records.--

(1) A person implementing, operating or working for the program may not be compelled to produce a record except pursuant to a court order.

(2) The Commonwealth may file a motion or an application for a search warrant and an authorization with the court for release of the record. The motion or an application for a search warrant and an authorization shall be accompanied by an affidavit establishing why the record should be produced.

(3) A criminal defendant may file a motion with the court for release of the record. The motion shall be accompanied by an affidavit establishing why the record should be produced.

(4) A copy of any application or motion filed under this section shall be served on the Office of Attorney General.

(b) In camera review.--The court may conduct an in camera review of the record requested to be produced under the motion of the Commonwealth or a criminal defendant.

(c) Decision by court.--If the court determines that the record requested under subsection (a) should be released, the court shall order the record to be produced. The court's order may require:

(1) the redaction of the identity of the individual who made the report; and

(2) limitations, if any, on the use of the materials.

(d) Sealed record.--After a decision by the court under subsection (c), a record not produced to the Commonwealth or a criminal defendant shall be sealed and preserved in the judicial record of the court and may be made available on appeal.

(e) Return of record.--After the expiration of any appeal period, the court shall return each record to the program.

(f) Standing.--The Attorney General shall have standing in any action to support or oppose the disclosure of a record in the custody of the program.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 13-1306-D. Judicial proceeding - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-13-1306-d/

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