Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 160. Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System

6VAC35-160-220. Responding to requests.

A. Once it is determined that a requestor is entitled to juvenile record information, a designated individual shall inform the requestor of the procedures for reviewing the juvenile record information, including the general restrictions on the use of the data, when the record will be available, and any costs that may be involved.

B. When the request for juvenile record information is made by an individual's parent, guardian, legal custodian or other person standing in loco parentis, the request shall be referred to designated personnel of the department. (See 6VAC35-160-230)

C. All records containing sensitive data (e.g., name, date of birth, social security number, or address) shall be encrypted prior to electronic dissemination. Except as provided in subsection B of this section, requested records shall be provided as soon as practicable, but in any case within 10 business days unless compliance with other applicable regulations requires a longer response time.

D. If the request for information is made to a participating agency and the participating agency does not have access to the particular information requested, the requestor shall be notified and shall be told how to request the information from the appropriate source, if known.

E. Personnel of the participating agency shall provide reasonable assistance to the individual or his attorney to help understand the record.

F. The person releasing the record shall also inform the individual of his right to challenge the record as provided in 6VAC35-160-280.

G. If no record can be found, a statement shall be furnished to this effect.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

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