Action:
Issue regulations mandated by law (Code of Virginia § 16.1-223 (B))governing data submissions to the Virginia Juvenile Justice information System and the confidentiality, security, and appropriate disclosure of juvenile record information.
Action 885
General Information
| Action Summary |
Notice of Intended Regulatory Action
Agency Background Document
Agency Name: Department (Board) of Juvenile Justice
VAC Chapter Number: 6 VAC 35-160
Regulation Title: Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System
Action Title: Originate
Date: 6 / 19 / 2001
Purpose
The regulation is intended to establish standards governing the form and content of juvenile record information submitted to the Virginia Juvenile Justice Information System, ensuring the integrity of the data, protecting the confidentiality of the juvenile record information, and governing the dissemination of information in accordance with law.
Basis
Code of Virginia § 16.1-223 (B) leaves no discretion in its requirement that "the State Board of Juvenile Justice shall promulgate regulations governing the security and confidentiality of the data submission [to the Virginia Juvenile Justice Information System]."
Substance
The regulation will establish standards for collecting and disseminating juvenile record information, including guidelines for sharing information among agencies in the juvenile justice system. The regulation also will establish standards for the operation and security of an electronic network that will make juvenile record information available to such agencies. There are guidelines for releasing juvenile record information to individuals who are the subject of such records and to agencies and individuals that are treating or supervising juveniles who have come before the court, or who have a legitimate interest in the case. The regulation sets standards for ensuring the accuracy and timely submission of juvenile record information, and for correcting errors. The Department already has begun to solicit suggestions from interested parties and advocacy groups concerning the main themes and key provisions of such a regulation.
Alternatives
The Department has developed guidelines for sharing information with other agencies in the juvenile justice system, and has required written agreements from individuals and agencies that have access to juvenile record information. Inasmuch as the regulation is mandated by law, the regulation will incorporate the best current practices identified in the departmental guidelines, including requirements for written agreements by participating agencies. The regulation also gives the Department an additional basis for requiring certain security measures to protect the confidentiality of information and the integrity of computer systems that are used to communicate the data.
Family Impact Statement
The regulation will have a neutral effect on the institution of the family. There will be provisions in the regulation for parents or guardians to request juvenile record information, but these provisions implement parental rights that are already embodied in law.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This action will go through the normal Executive Branch Review process.
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| RIS Project |
No project yet assigned to this action |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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1358
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NOIRA
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Stage complete. Comment period ended 01/04/2002. |
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1774
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Proposed
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Stage complete. Comment period ended 02/28/2003. |
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2304
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Final
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Stage complete. This regulation became effective on 08/16/2004. |
Contact Information
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Name / Title:
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Kristen Peterson
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Regulatory Coordinator
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Address:
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P.O. Box 1110
Richmond, VA 23218-1110
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Email Address:
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Kristen.Peterson@djj.virginia.gov
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Phone:
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(804)773-0180
FAX: (804)371-6497
TDD: ()-
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This person is the primary contact for this chapter.
