The JDA prescribes procedures for robust protection of a juvenile’s privacy. Prosecutors must be mindful of these statutory protections at all stages of a juvenile matter, particularly in hybrid cases where juveniles are alleged to be involved in crime committed with adults who are not afforded the same level of confidentiality. Any references to a juvenile in an adult matter must comply with the privacy protections afforded the juvenile under the JDA.

Once a determination is made to proceed against a juvenile, the entire proceeding is subject to the limitations set forth in 18 U.S.C. § 5038, which forbid disclosure of the identity of the juvenile, as well as information and records related to the juvenile proceedings, to anyone except the court, the prosecuting authorities, the juvenile’s counsel, and others specifically authorized to receive such records. 18 U.S.C. § 5038. The usual methods of complying with these limitations include filing documents in the case under seal, using an anonymized identifier to describe the juvenile (such as “Male Juvenile” or “Juvenile-1”) in any pleadings, and conducting proceedings in a closed courtroom or in chambers, without public access. United States v. A.D., 28 F.3d 1353 (3d Cir. 1994). Furthermore, all proceedings pertaining to the juvenile should not be placed on the court’s published docketing calendar that is accessible to the general public.

18 U.S.C. § 5038(d) provides for the routine fingerprinting and photographing of juveniles prosecuted as adults and juveniles adjudicated delinquent with respect to offenses that are felonies involving violence or serious drug crimes. Fingerprints and photographs of juveniles not prosecuted as adults that were obtained for specific investigative purposes may be made available only in accordance with the provisions of 18 U.S.C. § 5038(a).

[updated June 2024]