Section 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.

Historical Notes

Derived from Volume 20, Issue 23, eff. August 25, 2004.

Statutory Authority

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