{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-248.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-248.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-248.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-248.3.html"}],"law_id":77469,"edition_id":1,"section_id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","history":"2003, c. 983.","full_text":"Whenever a juvenile is placed in a secure facility or a shelter care facility pursuant to \u00a7 16.1-248.1, the director of the facility or his designee shall be entitled to obtain medical records concerning the juvenile from a provider. Prior to using the authority granted by this section to obtain such records, the director of the facility or his designee shall make a reasonable attempt to obtain consent for the release of the records from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969, from the juvenile. The director of the facility or his designee may proceed to obtain the records from the provider if such consent is refused or is not readily obtainable and the records are necessary (i) for the provision of health care to the juvenile, (ii) to protect the health and safety of the juvenile or other residents or staff of the facility or (iii) to maintain the security and safety of the facility.\n\t\tThe director or his designee shall document in writing the reason that the records were requested and that a reasonable attempt was made to obtain consent for the release of records and that consent was refused or not readily obtainable.\n\t\tNo person to whom disclosure of records was made pursuant to this section shall redisclose or otherwise reveal the records, beyond the purpose for which such disclosure was made, without first obtaining specific consent to redisclose from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969, from the juvenile.\n\t\tSubstance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in \u00a7 32.1-36.1.\n\t\tThe definitions of “provider” and “records” in \u00a7 32.1-127.1:03 shall apply to this section.","order_by":null,"text":{"0":{"id":277878,"text":"Whenever a juvenile is placed in a secure facility or a shelter care facility pursuant to \u00a7 16.1-248.1, the director of the facility or his designee shall be entitled to obtain medical records concerning the juvenile from a provider. Prior to using the authority granted by this section to obtain such records, the director of the facility or his designee shall make a reasonable attempt to obtain consent for the release of the records from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969, from the juvenile. The director of the facility or his designee may proceed to obtain the records from the provider if such consent is refused or is not readily obtainable and the records are necessary (i) for the provision of health care to the juvenile, (ii) to protect the health and safety of the juvenile or other residents or staff of the facility or (iii) to maintain the security and safety of the facility.\n\t\tThe director or his designee shall document in writing the reason that the records were requested and that a reasonable attempt was made to obtain consent for the release of records and that consent was refused or not readily obtainable.\n\t\tNo person to whom disclosure of records was made pursuant to this section shall redisclose or otherwise reveal the records, beyond the purpose for which such disclosure was made, without first obtaining specific consent to redisclose from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969, from the juvenile.\n\t\tSubstance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in \u00a7 32.1-36.1.\n\t\tThe definitions of “provider” and “records” in \u00a7 32.1-127.1:03 shall apply to this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; 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appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"previous_section":{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},"next_section":{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-248.3\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 983<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"refers_to":[{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":54576,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","order_by":null,"url":"\/32.1-36.1\/"},{"id":54830,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","order_by":null,"url":"\/54.1-2969\/"}],"permalink":{"id":161553,"object_type":"law","relational_id":77469,"identifier":"16.1-248.3","token":"16.1\/11\/4\/16.1-248.3","url":"\/16.1-248.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","dublin_core":{"Title":"Medical records of juveniles in secure facility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-248.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever a juvenile is placed in a secure facility<\/span> or a shelter care<\/span> facility pursuant to \u00a7 16.1-248.1<\/a>, the director<\/span> of the facility or his designee shall be entitled to obtain medical records concerning the juvenile from a provider. Prior to using the authority granted by this section to obtain such records, the director<\/span> of the facility or his designee shall make a reasonable attempt to obtain consent for the release of the records from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969<\/a>, from the juvenile. The director<\/span> of the facility or his designee may proceed to obtain the records from the provider if such consent is refused or is not readily obtainable and the records are necessary (i) for the provision of health care to the juvenile, (ii) to protect the health and safety of the juvenile or other residents or staff of the facility or (iii) to maintain the security and safety of the facility.\n\t\tThe director<\/span> or his designee shall document in writing the reason that the records were requested and that a reasonable attempt was made to obtain consent for the release of records and that consent was refused or not readily obtainable.\n\t\tNo person to whom disclosure of records was made pursuant to this section shall redisclose or otherwise reveal the records, beyond the purpose for which such disclosure was made, without first obtaining specific consent to redisclose from the juvenile’s parent or legal guardian or, in instances where the juvenile may consent pursuant to \u00a7 54.1-2969<\/a>, from the juvenile.\n\t\tSubstance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in \u00a7 32.1-36.1<\/a>.\n\t\tThe definitions of “provider” and “records” in \u00a7 32.1-127.1:03<\/a> shall apply to this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL RECORDS OF JUVENILES IN SECURE FACILITY (\u00a7 16.1-248.3)\n\nWhenever a juvenile is placed in a secure facility or a shelter care facility\npursuant to \u00a7 16.1-248.1, the director of the facility or his designee shall be\nentitled to obtain medical records concerning the juvenile from a provider.\nPrior to using the authority granted by this section to obtain such records, the\ndirector of the facility or his designee shall make a reasonable attempt to\nobtain consent for the release of the records from the juvenile’s parent\nor legal guardian or, in instances where the juvenile may consent pursuant to \u00a7\n54.1-2969, from the juvenile. The director of the facility or his designee may\nproceed to obtain the records from the provider if such consent is refused or is\nnot readily obtainable and the records are necessary (i) for the provision of\nhealth care to the juvenile, (ii) to protect the health and safety of the\njuvenile or other residents or staff of the facility or (iii) to maintain the\nsecurity and safety of the facility.\n\t\tThe director or his designee shall document in writing the reason that the\nrecords were requested and that a reasonable attempt was made to obtain consent\nfor the release of records and that consent was refused or not readily\nobtainable.\n\t\tNo person to whom disclosure of records was made pursuant to this section\nshall redisclose or otherwise reveal the records, beyond the purpose for which\nsuch disclosure was made, without first obtaining specific consent to redisclose\nfrom the juvenile’s parent or legal guardian or, in instances where the\njuvenile may consent pursuant to \u00a7 54.1-2969, from the juvenile.\n\t\tSubstance abuse records subject to federal regulations, Confidentiality of\nAlcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not be subject\nto the provisions of this section. The disclosure of results of a test for human\nimmunodeficiency virus shall not be permitted except as provided in \u00a7\n32.1-36.1.\n\t\tThe definitions of “provider” and “records” in \u00a7\n32.1-127.1:03 shall apply to this section.\n\nHISTORY: 2003, c. 983.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}