Administrative Code

Virginia Administrative Code
5/25/2022

Chapter 160. Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System

Part I
General Provisions

6VAC35-160-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Access" means the ability directly to obtain information concerning an individual juvenile contained in manual or automated files.

"Commonwealth of Virginia Information Technology Resource Management Standards" or "COV ITRM Standards" means the information technology standards applicable to all Commonwealth executive branch agencies that manage, develop, purchase, and use information technology resources in the Commonwealth of Virginia.

"Data owner" means a Department of Juvenile Justice employee who is responsible for the policy and practice decisions regarding data as identified by COV ITRM Standard Security (SEC) 501–09.1.

"Department" means the Department of Juvenile Justice.

"Destroy" means to totally eliminate and eradicate by various methods, including shredding, incinerating, or pulping.

"Dissemination" means any transfer of juvenile record information, whether orally, in writing, or by electronic means to any person other than an employee of a participating agency who is authorized to receive the information under § 16.1-300 of the Code of Virginia and who is not barred from receiving the information by other applicable law.

"Expunge" means to destroy all records concerning an individual juvenile, or all personal identifying information related to an individual juvenile that is included in aggregated files and databases, in accordance with a court order or the Code of Virginia.

"Juvenile record information" means any information in the possession of a participating agency pertaining to the case of a juvenile who is or has been the subject of an action by an intake officer as provided by § 16.1-260 of the Code of Virginia, as well as to personal identifying information concerning such a juvenile in any database or other aggregated compilation of records. The term does not apply to statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.

"Need to know" means the principle that a user should access only the specific information necessary to perform a particular function in the exercise of his official duties.

"Participating agency" means the department, including state-operated court service units; any locally operated court service unit, secure juvenile detention center, or juvenile group home; or any public agency, child welfare agency, private organization, facility, or person who is treating or providing services to a child pursuant to a contract with the department or pursuant to the Virginia Juvenile Community Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, that is approved by the department to have direct access to juvenile record information through the VJJIS or any of its component or derivative information systems. The term "participating agency" does not include any court.

"Remote access" means a connection to the department's systems from a remote location other than a department facility.

"Telecommunication connection" means the infrastructure used to establish a remote access to department information technology systems.

"Virginia Juvenile Justice Information System" or "VJJIS" means the equipment, facilities, agreements and procedures used to collect, process, preserve or disseminate juvenile record information in accordance with § 16.1-224 or 16.1-300 of the Code of Virginia. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

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.

6VAC35-160-20. Applicability of these standards.

These regulations apply to information, data and records maintained on or derived from the Virginia Juvenile Justice Information System, including originals and copies of manual or automated juvenile record information.

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.

Part II
Participating Agencies in the Vjjis

6VAC35-160-30. Designation as a participating agency.

A. The department, including its central administration, department-operated facilities, and state-operated court service units, is considered a single participating agency for purposes of this regulation.

B. Locally operated court services units and secure juvenile detention centers shall be participating agencies in the VJJIS.

C. Any other agency that is eligible to receive juvenile record information under § 16.1-300 of the Code of Virginia may apply to the department for status as a participating agency.

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.

6VAC35-160-40. Signed memorandum of agreement and nondisclosure agreement required.

The department shall develop a memorandum of agreement and a nondisclosure agreement with each participating agency delineating the participating agency's access to and responsibility for information contained in the VJJIS.

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.

6VAC35-160-50. Data submissions.

A. All participating agencies shall submit data and other information as required by department procedures to ensure that juvenile record information is complete, accurate, current, and consistent.

B. Administrators of participating agencies are responsible for ensuring that entries into the VJJIS are accurate, timely, and in a form prescribed by the department.

C. All information entered into the VJJIS shall become part of a juvenile's record and shall be subject to the confidentiality provisions of § 16.1-300 of the Code of Virginia.

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.

6VAC35-160-60. Access provided to participating agencies.

A. In accordance with statutes, regulations, and procedures governing confidentiality of information and system security, the department may limit or expand the scope of access granted to participating agencies.

B. When individuals or participating agencies are providing treatment or rehabilitative services to a juvenile as part of an agreement with the department, their access to juvenile record information shall be limited to that portion of the information that is relevant to the provision of the treatment or service. Once access to an application is authorized, the authorized data user is still obligated to assess the appropriateness of each specific access on a need-to-know basis.

C. An individual's juvenile record information shall be made available only to participating agencies currently supervising or providing services to the juvenile and only upon presentation of the unique identifying number assigned to the juvenile. Once access to an application is authorized, the authorized data user remains obligated to assess the appropriateness of each specific access on a need-to-know basis.

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.

6VAC35-160-70. Designation of authorized individuals.

A. Each participating agency shall determine what positions in the agency require regular access to juvenile record information as part of their job responsibilities and as documented in the employee work profile.

B. The department shall require a background check of any individual who will be given access to the VJJIS system through any participating agency. The department may deny access to any person based on the results of such background investigation or due to the person's violation of the provisions of this chapter or other security requirements established for the collection, storage, or dissemination of juvenile record information.

C. Only authorized individuals shall have direct access to juvenile record information.

D. Use of juvenile record information by an unauthorized individual, or for a purpose or activity other than one for which the person is authorized to receive juvenile record information, shall be considered an unauthorized dissemination.

E. Persons who are given access to juvenile record information shall be required to sign an information security agreement in accordance with department procedure stating that they will use and disseminate the information only in compliance with law and this chapter and that they understand that there are criminal and civil penalties for unauthorized dissemination.

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.

6VAC35-160-80. Responsibility for compliance.

The administrator of each participating agency shall ensure that employees who have access to juvenile record information are made familiar with the substance of this regulation and are briefed on their responsibility to protect the confidentiality of juvenile record information. The administrator of each participating agency is also responsible for reviewing all procedures connected with the security of juvenile record information to ensure their relevance and continuing effectiveness.

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.

6VAC35-160-90. Security of physical records.

A. A participating agency that possesses physical records or files containing juvenile record information shall institute procedures to ensure the physical security of such juvenile record information from unauthorized access, disclosure, dissemination, theft, sabotage, fire, flood, wind, or other natural or man-made disasters.

B. Only authorized persons shall have access to areas where juvenile record information is collected, stored, processed, or disseminated. Locks, guards, or other appropriate means shall be used to control access.

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.

6VAC35-160-100. Requirements when records are automated.

Participating agencies having automated juvenile record information files shall:

1. Designate a data owner to maintain and control authorized user accounts, system management, and the implementation of security measures;

2. Develop and implement a logical access procedure to prevent unauthorized access and dissemination; and

3. Develop procedures for discarding old computers to ensure that information contained on those computers is not available to unauthorized persons. All data must be completely erased or otherwise made unreadable in accordance with COV ITRM Standard SEC 514–04, Removal of Commonwealth Data from Electronic Media Standard.

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.

6VAC35-160-110. Access controls for computer security.

A. Where juvenile record information is computerized, logical access controls shall be implemented to ensure that records can be queried, updated, or destroyed only from approved system user accounts. Industry standard levels of encryption shall be required to protect confidential juvenile record information moving through any network.

B. The logical access controls shall be known only to the employees of the participating agency who are responsible for control of the juvenile record information system or to individuals and agencies operating under a specific agreement with the participating agency to provide such security programs. The access controls shall be kept secure.

C. Computer operations, whether dedicated or shared, that support juvenile record information shall operate in accordance with procedures developed or approved by the department.

D. Juvenile record information shall be stored in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion except via an approved system user account.

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.

6VAC35-160-120. Procedures to protect security of juvenile record information.

Participating agencies shall establish procedures to detect unauthorized access or attempted access of juvenile record information, either physically or electronically, as well as procedures to be followed when an attempt or unauthorized access is detected. Such procedures shall be part of the orientation of employees working in any office, room, space or area in which juvenile record information is regularly collected, processed, stored, or disseminated.

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.

6VAC35-160-130. Security of telecommunications.

A. The department may permit the use of a nondedicated means of data transmission to access juvenile record information when there are adequate and verifiable safeguards in place to restrict access to juvenile record information to authorized persons. Industry standard levels of encryption shall be required to protect all juvenile record information moving through any network.

B. Where remote access of juvenile record information is permitted, remote access devices must be secure. Remote access devices capable of receiving or transmitting juvenile record information shall be secured during periods of operation. When the remote access device is unattended, the device shall be made inoperable for purposes of accessing juvenile record information by implementing a screen saver lockout period after a maximum of 15 minutes of inactivity for devices as required by COV ITRM Standards SEC 501–09.1. In addition, appropriate identification of the remote access device operator shall be required.

C. The telecommunications connection used with the remote access device shall also be secured. Telecommunications connections shall be reasonably protected from possible tampering or tapping.

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.

6VAC35-160-140. Timelines for data submission.

The Virginia Juvenile Justice Information System makes it possible to record most juvenile record information instantaneously. All transactions occurring in a participating agency that are not entered immediately into the juvenile justice information system through on-line submission shall be entered within timeframes established by department procedures.

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.

6VAC35-160-150. Correcting errors.

Participating agencies shall immediately notify the appropriate data owner upon discovering that incorrect information has been entered into the VJJIS. The data owner shall make arrangements to correct the information as soon as practicable in accordance with department procedures.

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.

Part III
Responding to Requests for Juvenile Record Information

6VAC35-160-160. Existence of records shall not be confirmed or denied.

No participating agency or individual shall confirm or deny the existence or nonexistence of juvenile record information to persons or agencies that would not be eligible to receive the information pursuant to § 16.1-300 of the Code of Virginia.

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.

6VAC35-160-170. Information to be disseminated only in accordance with applicable statutes and regulations.

A. In accordance with § 16.1-223 of the Code of Virginia, data stored in the VJJIS shall be confidential. Information from such data that identifies an individual juvenile may be released only in accordance with § 16.1-300 of the Code of Virginia, applicable federal law, and this chapter.

B. Unauthorized dissemination of juvenile record information will subject the disseminator to the administrative sanctions described in 6VAC35-160-380. Unlawful dissemination also may be prosecuted as a Class 3 misdemeanor under § 16.1-309 of the Code of Virginia or as a Class 2 misdemeanor under § 16.1-225 of the Code of Virginia.

C. Additional disclosure limitations are provided in the federal substance abuse law (42 USC § 290dd2(f)).

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.

6VAC35-160-180. Fees.

Participating agencies may charge a reasonable fee for search and copying time expended when an individual or a nonparticipating agency requests juvenile record information. The participating agency shall inform the requester of the fees to be charged and shall obtain written agreement from the requester to pay such costs prior to initiating the search for requested information. Any release shall be in accordance with applicable statutes and regulations.

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.

6VAC35-160-190. Requesting juvenile record information.

Individuals or nonparticipating agencies requesting juvenile record information must submit a written request for each record or part thereof to which they request access. This may be done in person, by mail, or by electronic means.

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.

6VAC35-160-200. Verifying requestor's identity.

A person requesting juvenile record information shall be required to present proper evidence of his own identity, the identity of the individual whose juvenile record information is requested, and authorization from the individual, the individual's attorney, or, if the individual is a juvenile, the individual's parent, guardian or other person standing in loco parentis.

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.

6VAC35-160-210. Determining requestor's eligibility to receive the information.

A. Upon receipt of a request for juvenile record information, an appropriately designated person shall determine whether the requesting agency or individual is eligible to receive juvenile record information as provided in § 16.1-300 of the Code of Virginia, federal law, and this chapter.

B. The determination as to whether a person, agency or institution has a legitimate interest in a juvenile's case shall be based on the criteria specified in subdivision A 7 of § 16.1-300 of the Code of Virginia.

C. When there is a request to disseminate health records or substance abuse treatment records, the person responding to the request shall determine whether the requested information is protected by the federal law on substance abuse treatment records (42 USC § 290dd-2 and 42 CFR Part 2) and may consult with designated department personnel in making this determination. Health records and substance abuse treatment records shall be disseminated only in strict compliance with the applicable federal statutory requirements, the Code of Virginia, and this chapter.

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.

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.

6VAC35-160-230. Certain information may be withheld from release.

A. Section 16.1-300 B of the Code of Virginia provides that any portion of a juvenile's record may be withheld from inspection by a child's parent, guardian, legal custodian or other person standing in loco parentis when the staff of the department determines, in its discretion, that disclosure of such information would be detrimental to the child, provided that the juvenile and domestic relations district court of the jurisdiction in which the juvenile currently resides shall concur in such determination.

B. If the department withholds from inspection any portion of such record or report pursuant to the preceding provisions, the department shall (i) inform the individual making the request of the action taken to withhold any information and the reasons for such action; (ii) provide such individual with as much information about the child's progress as is deemed appropriate under the circumstances; and (iii) notify the individual in writing at the time of the request of his right to request judicial review of the department's decision. The circuit court of the jurisdiction where the child currently resides shall have jurisdiction over petitions filed by a parent, guardian, legal custodian or other person standing in loco parentis for review of the department's decision to withhold reports or records as provided herein.

C. Health record information shall not be disseminated to persons or entities authorized to have access to juvenile record information by § 16.1-300 of the Code of Virginia when such persons or entities are not authorized to receive health information by the federal Health Insurance Portability and Accountability Act of 1996.

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.

6VAC35-160-240. Notice to accompany disseminated juvenile record information.

The following printed message shall accompany all juvenile record information disseminated outside the Virginia Juvenile Justice Information System: "UNAUTHORIZED DISSEMINATION WILL SUBJECT THE DISSEMINATOR TO CRIMINAL AND CIVIL PENALTIES."

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.

6VAC35-160-250. Maintaining a dissemination log.

Each participating agency shall maintain a record, either automated or manual, of any dissemination made pursuant to 6VAC35-160-220 for a period of at least six years from the date of the dissemination.

The dissemination log must list all requests for juvenile record information and shall include the following information on each dissemination:

1. The date of inquiry;

2. The name and address of the individual or agency making the request;

3. If an agency request, the name and position of the individual making the request;

4. Whether the request was referred to the designated department personnel (see 6VAC35-160-220 B);

5. The name of the person responding to the request; and

6. A brief indication of what information was requested.

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.

6VAC35-160-260. Reporting unauthorized disseminations.

A. Participating agencies shall notify the department when they observe any violations of the dissemination regulations contained in this part. The department shall investigate and respond to the violation as provided in law and this chapter.

B. A participating agency that knowingly fails to report a violation may be subject to an immediate audit of its entire dissemination log and procedures to ensure that disseminations are being appropriately managed.

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.

6VAC35-160-270. Interstate dissemination.

Interstate dissemination of juvenile record information shall be subject to this regulation. Dissemination to an agency outside of the Commonwealth shall be carried out in compliance with Virginia law and this chapter, as if the agency were within the jurisdiction of the Commonwealth.

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.

Part IV
Challenge to and Correction of Juvenile Record Information

6VAC35-160-280. Challenge.

A. Individuals, or persons acting on an individual's behalf as provided for by law, may challenge their own juvenile record information by completing documentation provided by the department and forwarding it to the data owner who is responsible for the applicable component of the VJJIS as prescribed in department procedures.

B. When a record that is maintained by the VJJIS is challenged, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." The individual shall be given an opportunity to provide a brief written statement describing how the information contained in the record is alleged to be inaccurate. When a challenged record is disseminated while under challenge, the record shall carry both the flagged message and the individual's statement, if one has been provided.

C. The data owner or designee shall examine the individual's record to determine if a data entry error was made. If a data entry error is not obvious, the data owner shall send a copy of the challenge form and any relevant information to all agencies that could have originated the information under challenge, and shall ask them to examine their files to determine the validity of the challenge.

D. The participating agencies shall examine their source data, the contents of the challenge, and information supplied by the VJJIS for any discrepancies or errors and shall advise the data owner of the results of the examination.

E. If a modification of a VJJIS record is required, the data owner shall ensure that the required change is made and shall notify all participating agencies that were asked to examine their records in connection with the challenge.

F. Participating agencies that, pursuant to 6VAC35-160-220, have disseminated an erroneous or incomplete record shall in turn notify all entities that have received the erroneous juvenile record information as recorded on the agency's dissemination log.

G. The participating agency that received the challenge shall notify the individual or person acting on the individual's behalf of the results of the challenge and the right to request an administrative review and appeal those results.

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.

6VAC35-160-290. Administrative review of challenge results.

A. If not satisfied with the results of the challenge, the individual or those acting on his behalf may, within 30 calendar days, request in writing an administrative review of the challenge by the director of the department.

B. Within 30 days of receiving the written request for the administrative review, the director of the department, or a designee who is not the data owner who responded to the challenge, shall review the challenge, the findings of the review, and the action taken by the data owner. If the administrative review supports correction of the juvenile record information, the correction shall be made as prescribed in 6VAC35-160-280.

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.

6VAC35-160-300. Removal of a challenge designation.

When the challenge to the juvenile's record has been resolved, either as a result of a challenge or an administrative review of the challenge, the data owner shall notify the affected participating agencies to remove the challenge designation from their files.

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.

Part V
Expungement

6VAC35-160-310. Expungement requirements.

When a court orders or law requires the expungement of an individual's juvenile records, all records and personal identifying information associated with the expungement order shall be destroyed in accordance with the court order or statutory requirement. Nonidentifying information may be kept in databases or other aggregated files for statistical purposes.

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.

6VAC35-160-320. Notification to participating agencies.

The data owner shall notify all participating agencies to purge their records of any reference to the person whose record has been ordered expunged. The notification shall include a copy of the applicable court order, along with notice of the penalties imposed by law for disclosure of such personal identifying information (see § 16.1-309 of the Code of Virginia).

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.

6VAC35-160-330. Procedures for expunging juvenile record information.

A. Paper versions of records that have been ordered expunged shall be destroyed.

B. Computerized versions of records that have been ordered expunged shall be deleted from all databases and electronic files in such a way that the records cannot be accessed or recreated through ordinary use of any equipment or software that is part of the VJJIS and in accordance with the ITRM SEC 514–04 Removal of Commonwealth Data from Electronic Media Standard.

C. If personal identifying information concerning the subject individual is included in records that are not ordered expunged, the personal identifying information relating to the individual whose records have been ordered expunged shall be obliterated on the original, or a new document shall be created eliminating the personal identifying references to the individual whose record has been ordered expunged.

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.

6VAC35-160-340. Confirmation notice required to data owner.

Within 30 calendar days of receiving expungement instructions from the data owner, the participating agency shall expunge the juvenile record information in accordance with 6VAC35-160-330 and shall notify the data owner when the records have been expunged. The notification to the data owner shall indicate that juvenile records were expunged in accordance with court order and shall not identify the juvenile whose records were expunged.

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.

6VAC35-160-350. Expungement order received directly by participating agency.

When a participating agency receives an expungement order directly from a court, the participating agency shall promptly comply with the expungement order in accordance with 6VAC35-160-330 and shall notify the data owner of the court-ordered expungement. The data owner, upon receipt of such notification, shall contact the appropriate court and determine the validity of the notification, as applicable.

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.

Part VI
Disposition of Records in the Vjjis

6VAC35-160-355. Record retention.

All records in the VJJIS shall be retained and disposed of in accordance with the applicable records retention schedules approved by the Library of Virginia. When a participating agency or a unit of a participating agency disposes of records in the physical possession of the participating agency or the unit of a participating agency, the person who disposes of such records shall notify the data owner to remove that same information from VJJIS.

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.

Part VII
Enforcement

6VAC35-160-360. Oversight by the department.

A. The department shall have the responsibility for monitoring compliance with this chapter and for taking enforcement action as provided in this chapter or applicable state and federal statutes and regulations.

B. The department shall have the right to audit, monitor, and inspect any facilities, equipment, software, systems, or procedures required by this chapter.

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.

6VAC35-160-370. Audits authorized.

A. The department may audit participating agencies to ensure and verify adherence to this chapter and to ensure that juvenile record information records are accurate and complete.

B. The audits may include, but will not be limited to, examination of (i) record accuracy, (ii) completeness of information, (iii) timely submission of information, (iv) controls governing dissemination of information and adequate dissemination logs, (v) security provisions, (vi) evidence of notification of the individual's right of access and challenge, (vii) appropriate handling of record challenges, (viii) timely correction of erroneous records, (ix) evidence of timely notifications of required changes, and (x) appropriate notifications to the department as required.

C. The department may conduct audits at any time for cause, including but not limited to occasions when erroneous record information has been identified through a challenge to any person's juvenile record information.

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.

6VAC35-160-380. Administrative sanctions.

A. In addition to any criminal or civil sanctions to which a violator of this chapter may be subject pursuant to § 16.1-225 or § 16.1-309 of the Code of Virginia, the department may impose administrative sanctions including but not limited to the following:

1. Temporary or permanent suspension of an individual's authorization to access the Virginia Juvenile Justice Information System;

2. Temporary or permanent suspension of an entity's designation as a "participating agency"; or

3. Temporary or permanent suspension of a participating agency's authorization to access any subsystem of the Virginia Juvenile Justice Information System.

B. The department shall report to the board at its next regular meeting any administrative actions taken against a participating agency for failure to comply with this regulation.

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.

6VAC35-160-390. (Repealed.)

Historical Notes

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

Forms (6VAC35-160-9999)

Information Technology Resource Management Standard - Removal of Commonwealth Data from Electronic Media Standard, 514–04, Virginia Information Technologies Agency (rev. 12/2015)

Commonwealth of Virginia Information Technology Resource Management Standard, Information Security Standard, 501–09.1, Virginia Information Technologies Agency (rev. 12/2016)

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.