reglab/statecodes huggingface dataset:
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-80 - Responsibility for compliance

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-90 - Security of physical records

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-100 - Requirements when records are automated

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-110 - Access controls for computer security

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-120 - Procedures to protect security of juvenile record information

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-130 - Security of telecommunications

Current through Register Vol. 40, No. 24, July 15, 2024
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. Telecommunication connections shall be reasonably protected from
				  possible tampering or tapping.
Statutory Authority: §§
												16.1-223 and
						66-10 of the Code of
						Virginia.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-140 - Timelines for data submission

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part II - Participating Agencies in the VJJIS › Section 6VAC35-160-150 - Correcting errors

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-160 - Existence of records shall not be confirmed or denied

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-170 - Information to be disseminated only in accordance with applicable statutes and regulations

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-180 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-190 - Requesting juvenile record information

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-200 - Verifying requestor's identity

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-210 - Determining requestor's eligibility to receive the information

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-220 - Responding to requests

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-230 - Certain information may be withheld from release

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section 16.1-300B 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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-240 - Notice to accompany disseminated juvenile record information

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-250 - Maintaining a dissemination log

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-260 - Reporting unauthorized disseminations

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part III - Responding To Requests for Juvenile Record Information › Section 6VAC35-160-270 - Interstate dissemination

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part IV - Challenge to and Correction of Juvenile Record Information › Section 6VAC35-160-280 - Challenge

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part IV - Challenge to and Correction of Juvenile Record Information › Section 6VAC35-160-290 - Administrative review of challenge results

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part IV - Challenge to and Correction of Juvenile Record Information › Section 6VAC35-160-300 - Removal of a challenge designation

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part V - Expungement › Section 6VAC35-160-310 - Expungement requirements

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part V - Expungement › Section 6VAC35-160-320 - Notification to participating agencies

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part V - Expungement › Section 6VAC35-160-330 - Procedures for expunging juvenile record information

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part V - Expungement › Section 6VAC35-160-340 - Confirmation notice required to data owner

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part V - Expungement › Section 6VAC35-160-350 - Expungement order received directly by participating agency

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part VI - Disposition of Records in the VJJIS › Section 6VAC35-160-355 - Record retention

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part VII - Enforcement › Section 6VAC35-160-360 - Oversight by the department

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part VII - Enforcement › Section 6VAC35-160-370 - Audits authorized

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part VII - Enforcement › Section 6VAC35-160-380 - Administrative sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 › Part VII - Enforcement › Section 6VAC35-160-390

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												16.1-223 and
						66-10 of the Code of
						Virginia.
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 › Part VII - Enforcement › Section - DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-160)

Current through Register Vol. 40, No. 24, July 15, 2024
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)
Statutory Authority: §§
												16.1-223 and
						66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-20 - General requirements of external researchers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The principal researcher shall have
				academic or professional standing in the pertinent field or job-related
				experience in the areas of study or be directly supervised by such a
				person.
B. The principal researcher
				shall be responsible for (i) the conduct of the research staff, (ii) the
				protection of the rights of subjects involved in the project, and (iii) the
				provision of information required by the coordinator of external research,
				organizational unit heads, and the HRRC.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-30 - Professional ethics

Current through Register Vol. 40, No. 24, July 15, 2024
All research shall conform to the standards of ethics of
				  professional societies such as the American Correctional Association, the
				  American Psychological Association, the American Sociological Association, the
				  National Association of Social Workers, the American Evaluation Association, or
				  their equivalent.
Statutory Authority: §§ 66-10 and 66-10.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-40 - Confidentiality requirements of all research

Current through Register Vol. 40, No. 24, July 15, 2024
A. Research findings shall not identify
				individual subjects.
B. All records
				and all information given by research subjects or employees of the department
				shall be kept confidential in accordance with § 16.1-300 of the Code of
				Virginia and applicable rules and regulations regarding confidentiality of
				juvenile records.
C. Persons who
				breach confidentiality shall be subject to sanctions in accordance with
				applicable laws, regulations, policies, and procedures.
D. Confidentiality does not preclude
				reporting results utilizing de-identified data or giving raw data to the
				department for possible further analysis.
Statutory Authority: §§ 66-10 and 66-10.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-50 - Conditions for department approval of external research and data requests

Current through Register Vol. 40, No. 24, July 15, 2024
The department may approve research and data requests only
				  when it determines, in its sole discretion, that the following conditions have
				  been met:
1. The department has
				sufficient financial and staff resources to support the request and that, on
				balance, the benefits of the request justify the department's
				involvement;
2. The request will
				not interfere significantly with department programs or operations,
				particularly those of the operating units that would participate in the
				proposed research; and
3. The
				request is compatible with the purposes and goals of the juvenile justice
				system and with the department's organization, operations, and
				resources.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-55 - Review and approval of aggregate data requests

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall determine the
				following prior to approving aggregate data requests:
1. That the request meets the conditions for
				department approval of research identified in
				6VAC35-170-30
				and
				6VAC35-170-50;
2. That the data requested is
				accessible;
3. An estimate of the
				time required to process the data request; and
4. Based on staff workload, whether staff
				resources are available to process the request.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-60 - Formal agreement required

Current through Register Vol. 40, No. 24, July 15, 2024
No case-specific data request or human research request shall
				  begin until all reviews required by this chapter have been completed and the
				  principal researcher receives a copy of the research agreement signed by the
				  director.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-62

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-65 - External case-specific data requests

Current through Register Vol. 40, No. 24, July 15, 2024
A. External case-specific data requests shall
				be submitted to the department using the Confidentiality Agreement Form, the
				Research Proposal Form, and the Research Agreement Form.
B. The Research Agreement Form shall be
				signed by the principal researcher and the student researcher, if applicable,
				at the time of submission.
C. The
				coordinator of external research shall determine the following within 10
				business days of receiving the data request:
1. That the request meets the conditions for
				department approval of research identified in
				6VAC35-170-30
				and
				6VAC35-170-50;
2. That the proposal is not a human research
				proposal and is not required to be reviewed by the HRRC; however, requests that
				include sensitive data shall be reviewed by the HRRC;
3. That the principal researcher has
				appropriate academic or professional standing or job-related experience in the
				area to be studied;
4. That the
				proposal is in the required format and includes all required
				information;
5. That the proposal
				complies with basic research standards and applicable laws;
6. That the data requested is accessible;
7. That department resources are
				available to process the data request; and
8. An estimate of the time required to
				compile the data request.