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. |
Chapters Affected | Only affects this chapter. |
Exempt from APA | No, this action is not exempt from Article II of the APA and executive branch review. |
RIS Project | No project yet assigned to this action |
New Periodic Review | This action will not be used to conduct a new periodic review. |
Name / Title: | Kristen Peterson / Regulatory Coordinator |
Address: |
PO Box 1110 PO Box 1110 Richmond, VA 23219 |
Email Address: | Kristen.Peterson@djj.virginia.gov |
Phone: | (804)588-3902 FAX: (804)371-6497 TDD: ()- |