Code of Virginia
Chapter 11 - Juvenile and Domestic Relations District Courts
§ 16.1-300. Confidentiality of Department records

A. The social, medical, psychiatric, and psychological reports and records of children who are or have been (i) before the court, (ii) under supervision, (iii) referred to a court service unit, or (iv) receiving services from a court service unit or who are committed to the Department of Juvenile Justice shall be confidential and shall be open for inspection only to the following:
1. The judge, prosecuting attorney, probation officers and professional staff assigned to serve a court having the child currently before it in any proceeding;
2. Any public agency, child welfare agency, private organization, facility or person who is treating or providing services to the 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.);
3. The child's parent, guardian, legal custodian or other person standing in loco parentis and the child's attorney;
4. Any person who has reached the age of majority and requests access to his own records or reports;
5. Any state agency providing funds to the Department of Juvenile Justice and required by the federal government to monitor or audit the effectiveness of programs for the benefit of juveniles which are financed in whole or in part by federal funds;
6. The Department of Social Services or any local department of social services that is providing services or care for, or has accepted a referral for family assessment or investigation and the provision of services in accordance with subsection A of § 16.1-277.02 regarding, a juvenile who is the subject of the record and the Department of Behavioral Health and Developmental Services or any local community services board that is providing treatment, services, or care for a juvenile who is the subject of the record for a purpose relevant to the provision of the treatment, services, or care when these local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to juveniles who are the subject of the records. Prior to making any report or record open for inspection, the court service unit or Department of Juvenile Justice shall determine which reports or records are relevant to the treatment, services, or care of such juvenile and shall limit such inspection to such relevant reports or records. Any local department of social services or local community services board that inspects any social, medical, psychiatric, and psychological reports and records of juveniles in accordance with this subdivision shall not disseminate any information received from such inspection unless such dissemination is expressly required by law;
7. Any other person, agency or institution, including any law-enforcement agency, school administration, or probation office by order of the court, having a legitimate interest in the case, the juvenile, or in the work of the court;
8. Any person, agency, or institution, in any state, having a legitimate interest (i) when release of the confidential information is for the provision of treatment or rehabilitation services for the juvenile who is the subject of the information, (ii) when the requesting party has custody or is providing supervision for a juvenile and the release of the confidential information is in the interest of maintaining security in a secure facility, as defined by § 16.1-228 if the facility is located in Virginia, or as similarly defined by the law of the state in which such facility is located if it is not located in Virginia, or (iii) when release of the confidential information is for consideration of admission to any group home, residential facility, or postdispositional facility, and copies of the records in the custody of such home or facility shall be destroyed if the child is not admitted to the home or facility;
9. Any attorney for the Commonwealth, any pretrial services officer, local community-based probation officer and adult probation and parole officer for the purpose of preparing pretrial investigation, including risk assessment instruments, presentence reports, including those provided in § 19.2-299, discretionary sentencing guidelines worksheets, including related risk assessment instruments, as directed by the court pursuant to subsection C of § 19.2-298.01 or any court-ordered post-sentence investigation report;
10. Any person, agency, organization or institution outside the Department that, at the Department's request, is conducting research or evaluation on the work of the Department or any of its divisions; or any state criminal justice agency that is conducting research, provided that the agency agrees that all information received shall be kept confidential, or released or published only in aggregate form;
11. With the exception of medical, psychiatric, and psychological records and reports, any full-time or part-time employee of the Department of State Police or of a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the enforcement of the penal, traffic, or motor vehicle laws of the Commonwealth, is entitled to any information related to a criminal street gang, including that a person is a member of a criminal street gang as defined in § 18.2-46.1. Information shall be provided by the Department to law enforcement without their request to aid in initiating an investigation or assist in an ongoing investigation of a criminal street gang as defined in § 18.2-46.1. This information may also be disclosed, at the Department's discretion, to a gang task force, provided that the membership (i) consists of only representatives of state or local government or (ii) includes a law-enforcement officer who is present at the time of the disclosure of the information. The Department shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act. No person who obtains information pursuant to this subdivision shall divulge such information except in connection with gang-activity intervention and prevention, a criminal investigation regarding a criminal street gang as defined in § 18.2-46.1 that is authorized by the Attorney General or by the attorney for the Commonwealth, or in connection with a prosecution or proceeding in court;
12. The Commonwealth's Attorneys' Services Council and any attorney for the Commonwealth, as permitted under subsection B of § 66-3.2;
13. Any state or local correctional facility as defined in § 53.1-1 when such facility has custody of or is providing supervision for a person convicted as an adult who is the subject of the reports and records. The reports and records shall remain confidential and shall be open for inspection only in accordance with this section; and
14. The Office of the Attorney General, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.
A designated individual treating or responsible for the treatment of a person may inspect such reports and records as are kept by the Department on such person or receive copies thereof, when the person who is the subject of the reports and records or his parent, guardian, legal custodian or other person standing in loco parentis if the person is under the age of 18, provides written authorization to the Department prior to the release of such reports and records for inspection or copying to the designated individual.
B. The Department may withhold from inspection by a child's parent, guardian, legal custodian or other person standing in loco parentis that portion of the records referred to in subsection A, when the staff of the Department determines, in its discretion, that disclosure of such information would be detrimental to the child or to a third party, provided that the juvenile and domestic relations district court (i) having jurisdiction over the facility where the child is currently placed or (ii) that last had jurisdiction over the child if such child is no longer in the custody or under the supervision of the Department shall concur in such determination.
If any person authorized under subsection A to inspect Department records requests to inspect the reports and records and if the Department withholds from inspection any portion of such record or report pursuant to the preceding provisions, the Department shall (a) inform the individual making the request of the action taken to withhold any information and the reasons for such action; (b) provide such individual with as much information as is deemed appropriate under the circumstances; and (c) 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 (1) having jurisdiction over the facility where the child is currently placed or (2) that had jurisdiction over the original proceeding or over an appeal of the juvenile and domestic relations district court final order of disposition concerning the child if such child is no longer in the custody or under the supervision of the Department shall have jurisdiction over petitions filed for review of the Department's decision to withhold reports or records as provided herein.
1977, c. 559; 1978, cc. 738, 740; 1981, c. 487; 1988, c. 541; 1989, c. 733; 1994, c. 19; 2000, c. 212; 2002, c. 735; 2003, cc. 108, 143; 2006, cc. 431, 500; 2007, c. 511; 2009, c. 740; 2010, cc. 367, 472; 2011, cc. 99, 169; 2012, cc. 262, 421; 2017, cc. 207, 210; 2021, Sp. Sess. I, c. 466.

Structure Code of Virginia

Code of Virginia

Title 16.1 - Courts Not of Record

Chapter 11 - Juvenile and Domestic Relations District Courts

§ 16.1-226. Short title

§ 16.1-227. Purpose and intent

§ 16.1-228. Definitions

§ 16.1-229. This chapter controlling in event of conflict

§ 16.1-229.1. Removal of a child; names and contact information of persons with a legitimate interest

§ 16.1-230. Organization and operation of juvenile and domestic relations district courts

§ 16.1-231. Rules of procedure

§ 16.1-232. Attorney for the Commonwealth to prosecute certain cases and represent Commonwealth on appeal

§ 16.1-233. Department to develop court services; court services units; appointment and removal of employees; salaries

§ 16.1-234. Duties of Department; provision of quarters, utilities, and office equipment to court service unit

§ 16.1-235. How probation, parole and related court services provided

§ 16.1-235.1. Provision of court services; replacement intake officers

§ 16.1-236. Supervisory officers

§ 16.1-236.1. Court services unit directors

§ 16.1-237. Powers, duties and functions of probation and parole officers

§ 16.1-238. Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses

§ 16.1-239. Payment of traveling expenses of court officers; reimbursement

§ 16.1-240. Citizens advisory council

§ 16.1-241. Jurisdiction; consent for abortion

§ 16.1-241.1. Repealed

§ 16.1-241.2. Proceedings against certain parents

§ 16.1-241.3. Newborn children; substance abuse

§ 16.1-242. Retention of jurisdiction

§ 16.1-242.1. Retention of jurisdiction; appeals involving children in foster care

§ 16.1-243. Venue

§ 16.1-244. Concurrent jurisdiction; exceptions

§ 16.1-245. Transfer from other courts

§ 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court

§ 16.1-246. When and how child may be taken into immediate custody

§ 16.1-247. Duties of person taking child into custody

§ 16.1-247.1. Custodial interrogation of a child; parental notification and contact

§ 16.1-248. Repealed

§ 16.1-248.1. Criteria for detention or shelter care

§ 16.1-248.2. Mental health screening and assessment for certain juveniles

§ 16.1-248.3. Medical records of juveniles in secure facility

§ 16.1-249. Places of confinement for juveniles

§ 16.1-249.1. Places of confinement to give notice of intake of certain persons

§ 16.1-250. Procedure for detention hearing

§ 16.1-250.1. Repealed

§ 16.1-251. Emergency removal order

§ 16.1-252. Preliminary removal order; hearing

§ 16.1-253. Preliminary protective order

§ 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality

§ 16.1-253.2. Violation of provisions of protective orders; penalty

§ 16.1-253.3. Repealed

§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty

§ 16.1-254. Responsibility for and limitation on transportation of children

§ 16.1-255. Limitation on issuance of detention orders for juveniles; appearance by juvenile

§ 16.1-256. Limitations as to issuance of warrants for juveniles; detention orders

§ 16.1-257. Interference with or obstruction of officer; concealment or removal of child

§ 16.1-258. Bonds and forfeitures thereof

§ 16.1-259. Procedure in cases of adults

§ 16.1-260. Intake; petition; investigation

§ 16.1-261. Statements made at intake or mental health screening and assessment

§ 16.1-262. Form and content of petition

§ 16.1-263. Summonses

§ 16.1-264. Service of summons; proof of service; penalty

§ 16.1-265. Subpoena; attorney-issued subpoena

§ 16.1-266. Appointment of counsel and guardian ad litem

§ 16.1-266.1. Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians

§ 16.1-266.2. Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases

§ 16.1-267. Compensation of appointed counsel

§ 16.1-268. Order of appointment

§ 16.1-269. Repealed

§ 16.1-269.1. Trial in circuit court; preliminary hearing; direct indictment; remand

§ 16.1-269.2. Admissibility of statement; investigation and report; bail

§ 16.1-269.3. Retention by juvenile court; appeal

§ 16.1-269.4. Transfer to circuit court; appeal by juvenile

§ 16.1-269.5. Placement of juvenile

§ 16.1-269.6. Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals

§ 16.1-270. Waiver of jurisdiction of juvenile court in certain cases

§ 16.1-271. Subsequent offenses by juvenile

§ 16.1-272. Power of circuit court over juvenile offender

§ 16.1-272.1. Claim of error to be raised within one year

§ 16.1-273. Court may require investigation of social history and preparation of victim impact statement

§ 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees

§ 16.1-274.1. Admission of evidence of juvenile's age

§ 16.1-274.2. Certain education records as evidence

§ 16.1-275. Physical and mental examinations and treatment; nursing and medical care

§ 16.1-276. Fees and travel expenses of witnesses

§ 16.1-276.1. Repealed

§ 16.1-276.2. Transportation orders in certain proceedings

§ 16.1-276.3. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing

§ 16.1-277. Repealed

§ 16.1-277.01. Approval of entrustment agreement

§ 16.1-277.02. Petition for relief of care and custody

§ 16.1-277.1. Time limitation

§ 16.1-277.2. Rejection of plea agreement; recusal

§ 16.1-278. Cooperation of certain agencies, officials, institutions and associations

§ 16.1-278.1. Definitions

§ 16.1-278.2. Abused, neglected, or abandoned children or children without parental care

§ 16.1-278.3. Relief of care and custody

§ 16.1-278.4. Children in need of services

§ 16.1-278.5. Children in need of supervision

§ 16.1-278.6. Status offenders

§ 16.1-278.7. Commitment to Department of Juvenile Justice

§ 16.1-278.7:01. Department to give notice of the receipt of certain persons

§ 16.1-278.7:02. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons

§ 16.1-278.8. Delinquent juveniles

§ 16.1-278.8:01. Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs

§ 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy

§ 16.1-278.10. Traffic infractions

§ 16.1-278.11. Mental illness and intellectual disability

§ 16.1-278.12. When judicial consent in lieu of parental consent authorized

§ 16.1-278.13. Work permits; petitions for treatment, etc.

§ 16.1-278.14. Criminal jurisdiction; protective orders; family offenses

§ 16.1-278.15. Custody or visitation, child or spousal support generally

§ 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment

§ 16.1-278.17. Pendente lite support

§ 16.1-278.17:1. Formula for determination of pendente lite spousal support

§ 16.1-278.18. Money judgments

§ 16.1-278.19. Attorney fees

§ 16.1-279. Repealed

§ 16.1-279.1. Protective order in cases of family abuse

§ 16.1-280. Commitment of juveniles with mental illness or intellectual disability

§ 16.1-281. Foster care plan

§ 16.1-282. Foster care review

§ 16.1-282.1. Permanency planning hearing for children in foster care

§ 16.1-282.2. Annual foster care review

§ 16.1-283. Termination of residual parental rights

§ 16.1-283.1. Authority to enter into voluntary post-adoption contact and communication agreement

§ 16.1-283.2. Restoration of parental rights

§ 16.1-283.3. Review of voluntary continuing services and support agreements for former foster youth

§ 16.1-284. When adult sentenced for juvenile offense

§ 16.1-284.1. Placement in secure local facility

§ 16.1-285. Duration of commitments

§ 16.1-285.1. Commitment of serious offenders

§ 16.1-285.2. Release and review hearing for serious offender

§ 16.1-286. Cost of maintenance; approval of placement; semiannual review

§ 16.1-287. Transfer of information upon commitment; information to be furnished by and to local school boards

§ 16.1-288. Protection of religious affiliations

§ 16.1-289. Review of order of commitment

§ 16.1-289.1. Motions to reconsider orders for participation in continuing programs

§ 16.1-290. Support of committed juvenile; support from estate of juvenile

§ 16.1-290.1. Payment for court-ordered counseling, treatment or programs

§ 16.1-291. Revocation or modification of probation, protective supervision or parole; proceedings; disposition

§ 16.1-292. Violation of court order by any person

§ 16.1-293. Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house

§ 16.1-293.1. Mental health services transition plan

§ 16.1-294. Placing child on parole in foster home or with institution; how cost paid

§ 16.1-295. Transfer of supervision from one county or city to another, or to another state

§ 16.1-296. Jurisdiction of appeals; procedure

§ 16.1-296.1. Repealed

§ 16.1-296.2. Appeals of certain custody and visitation proceedings

§ 16.1-297. Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court

§ 16.1-298. Effect of petition for or pendency of appeal; bail

§ 16.1-299. Fingerprints and photographs of juveniles

§ 16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony

§ 16.1-299.2. Repealed

§ 16.1-300. Confidentiality of Department records

§ 16.1-301. Confidentiality of juvenile law-enforcement records; disclosures to school principal and others

§ 16.1-302. Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court

§ 16.1-302.1. Right of victim or representative to attend certain proceedings; notice of hearings

§ 16.1-303. Reports of court officials and employees when privileged

§ 16.1-304. Repealed

§ 16.1-305. Confidentiality of court records

§ 16.1-305.01. Access to child and spousal support case files

§ 16.1-305.1. Disclosure of disposition in certain delinquency cases

§ 16.1-305.2. Disclosure of notice of the filing of a petition and certain reports by division superintendent

§ 16.1-306. Expungement of court records

§ 16.1-307. Circuit court records regarding juveniles

§ 16.1-308. Effect of adjudication on status of child

§ 16.1-309. Penalty

§ 16.1-309.1. Exception as to confidentiality

§ 16.1-309.2. Purpose and intent

§ 16.1-309.3. Establishment of a community-based system of services; biennial local plan; quarterly report

§ 16.1-309.4. Statewide plan for juvenile services

§ 16.1-309.5. Construction, etc., of detention homes and other facilities; reimbursement in part by Commonwealth

§ 16.1-309.6. How state appropriations for operating costs of Juvenile Community Crime Control Act programs determined; notice of financial aid

§ 16.1-309.7. Determination of payment

§ 16.1-309.8. Costs of maintenance of juveniles in Community Crime Control Act programs

§ 16.1-309.9. Establishment of standards; determination of compliance

§ 16.1-309.10. Visitation and management of detention homes; other facilities; reports of superintendent

§ 16.1-309.11. Youth justice diversion program

§ 16.1-310. Repealed

§ 16.1-315. Joint or regional citizen detention commissions authorized

§ 16.1-316. Number and terms of members; admission of additional local governing bodies

§ 16.1-317. Quorum; chairman; rules of procedure; compensation

§ 16.1-318. Powers of commission generally; supervision by Director of Department of Juvenile Justice

§ 16.1-319. Acquisition of property by commission

§ 16.1-320. Property of commission exempt from execution and judgment liens

§ 16.1-321. Appropriations by political subdivisions; issuance of bonds

§ 16.1-322. Record of commission; reports

§ 16.1-322.1. Apportionment of funds to localities or commissions operating juvenile secure detention facilities or programs; standards for apportionment

§ 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve

§ 16.1-322.3. Localities and commissions to make monthly reports to Director; penalty for willfully falsifying information; procedure when locality or commission fails to make report

§ 16.1-322.4. Payments for children from other counties or cities

§ 16.1-322.5. State Board may authorize private construction, operation, etc., of local or regional detention homes, etc.

§ 16.1-322.6. Powers and duties not delegable to contractor

§ 16.1-322.7. State Board to promulgate regulations

§ 16.1-323. Governor to execute; form of compact

§ 16.1-323.1. State Council for Interstate Compact for Juveniles

§ 16.1-324. Repealed

§ 16.1-330.1. Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty

§ 16.1-330.2. Immunity

§ 16.1-331. Petition for emancipation

§ 16.1-332. Orders of court; investigation, report and appointment of counsel

§ 16.1-333. Findings necessary to order that minor is emancipated

§ 16.1-333.1. Written findings necessary to order that minor is emancipated on the basis of intent to marry

§ 16.1-334. Effects of order

§ 16.1-334.1. Identification card issued to minor by DMV

§ 16.1-335. Short title

§ 16.1-336. Definitions

§ 16.1-336.1. Admission forms

§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records

§ 16.1-337.1. Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check

§ 16.1-338. Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older

§ 16.1-339. Parental admission of an objecting minor 14 years of age or older

§ 16.1-339.1. Minors in detention homes or shelter care facilities

§ 16.1-340. Emergency custody; issuance and execution of order

§ 16.1-340.1. Involuntary temporary detention; issuance and execution of order

§ 16.1-340.1:1. Facility of temporary detention

§ 16.1-340.2. Transportation of minor in the temporary detention process

§ 16.1-340.3. Release of minor prior to commitment hearing for involuntary admission

§ 16.1-340.4. Involuntary commitment; preadmission screening report

§ 16.1-341. Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel

§ 16.1-342. Involuntary commitment; clinical evaluation

§ 16.1-343. Involuntary commitment; duties of attorney for the minor

§ 16.1-344. Involuntary commitment; hearing

§ 16.1-345. Involuntary commitment; criteria

§ 16.1-345.1. Use of electronic communication

§ 16.1-345.2. Mandatory outpatient treatment; criteria; orders

§ 16.1-345.3. Monitoring mandatory outpatient treatment; motion for review

§ 16.1-345.4. Court review of mandatory outpatient treatment plan

§ 16.1-345.5. Continuation of mandatory outpatient treatment order

§ 16.1-345.6. Appeal of final order

§ 16.1-346. Treatment plans; periodic review of status

§ 16.1-346.1. Discharge plan

§ 16.1-347. Fees and expenses for qualified evaluators

§ 16.1-348. Availability of judge

§ 16.1-349. Definitions

§ 16.1-350. Petition for court approval of standby guardian

§ 16.1-351. Court order approving standby guardianship; authority; when effective

§ 16.1-352. Written designation of a standby guardian by a parent; commencement of authority; court approval required

§ 16.1-353. Further proceedings to determine permanent guardianship, custody

§ 16.1-354. Revocation, refusal, termination of standby guardianship

§ 16.1-355. Review of standby guardianship

§ 16.1-356. Raising question of competency to stand trial; evaluation and determination of competency

§ 16.1-357. Disposition when juvenile found incompetent

§ 16.1-358. Disposition of the unrestorably incompetent juvenile

§ 16.1-359. Litigating certain issues when the juvenile is incompetent

§ 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing

§ 16.1-361. Compensation of experts