I get calls from time to time from parents who are angry because we printed the name of their underage son or daughter in the paper.

This is not the honor roll or 4-H results I'm talking about.

I'm talking about police reports - crime, arrests and the like.

There seems to be a misconception that it is illegal for newspapers to print the names of juveniles.

That is patently false. There is simply no such law. And there never has been. Maybe I shouldn't say never, but there hasn't been in the 23 years I've been involved in journalism.

But nonetheless, lots of people think that we are bound by law not to print names of juveniles who commit crimes.

(They don't seem to care if we print the names of juveniles who score touchdowns.)

But whether there is a law or not, people still wonder why in the world a newspaper would want to print the name of a juvenile who was arrested.

Well, frankly, there are a couple pretty compelling reasons.

Most importantly, I think the community has a right to know who is committing crimes.

If your neighbor is a bicycle thief, wouldn't you like to be aware of that? Perhaps you would be a little more careful where you leave your bicycle.

I think a newspaper should strive to paint a portrait of the community it serves. A newspaper serving a conservative community should paint a picture of a conservative community.

I think it is unfair to the community to omit juvenile crime from our coverage. It simply paints an inaccurate picture of the community to our readers.

Finally, I think there should be a significant level of stigma attached to being arrested as a teenager. There can be no stigma if nobody knows there has been an arrest.

I would hope that having your name printed in the newspaper would even serve as a deterrent. If you were a teenager, would you want everybody in town to know you were shoplifting?

And frankly, the way the law is these days, many times having their name in the paper is the only sanction leveled against kids who break the law.

So we will print the names of juveniles age 13 and older who are arrested.

Of course, we can print the names of juveniles only if the police make them available.

Lately, the local police have been a little reluctant to release juvenile information.

They seem to think that they are prohibited from releasing that information.

To clear this up, we called Stephen Key, general counsel for the Hoosier State Press Association.

He says the law clearly makes information about crime - even if committed by juveniles - a matter of public record.

He cites Indiana Code 31-39-3-2. It lists which facts contained in law enforcement records of juvenile delinquency are considered public information.

The list includes:

• The nature of the alleged offense and immediate circumstances surrounding it, including time, location and property involved.

• The identity of any victim.

• Description of the apprehension of the juvenile suspect.

• Any instrument of physical force used in the incident.

• Identity of police officers assigned to the investigation, except for undercover units.

• Age and sex of the juvenile apprehended or sought for the alleged offense.

Key notes that there is a primary fact missing in all that - the name of the offender. But that, too, either must or can be released under certain circumstances.

If the offense committed doesn't fall under the jurisdiction of a juvenile court, then police must released the identity. That list includes murder, kidnapping, rape, criminal deviate conduct, robbery with a deadly weapon that resulted in bodily injury, carjacking, criminal gang activity, criminal gang intimidation, carrying a handgun without a license and dealing in cocaine, a narcotic drug or controlled substances.

It also includes cases where the juvenile's case is waived to an adult court and minor matters, such as traffic offenses and ordinance violations.

The type of access listed above is mandated by the law.

What comes next is discretionary by the head of the local law enforcement agency.

Under IC 31-39-4-8, a sheriff or police chief can give a reporter even greater access. That statute allows access to a person "having a legitimate interest in the work of the (police) agency or in a particular case." Newspapers have a "legitimate interest."

Key points out that the statute directs heads of law enforcement to consider "that the best interests of the safety and welfare of the community are generally served by the public's ability to obtain information about:

• The identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult; and

• The identity of anyone charged with the alleged commission of an act that would be part of a pattern of less serious offenses.

That is a fairly broad definition and we would urge local law enforcement officials to go along with us on this.

Another interesting point to note, according to Key, is that more and more school corporations are hiring police officers to patrol school buildings. If these officers have arrest powers, they fall under the definition of a law enforcement entity and are under the same obligations as other police agencies to make juvenile records available.

Also, the state doesn't believe in secret detentions. Records concerning any juvenile detained in a secure facility - jail, detention center - shall be open for public inspection, Key said.

We plan to talk to school and police officials in our continuing efforts to paint an accurate picture of our community. [[In-content Ad]]