{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-300.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-300.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-300.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-300.html"}],"law_id":86382,"edition_id":1,"section_id":86382,"structure_id":13940,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","history":"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; 2025, cc. 316, 317.","full_text":"A\n\nThe 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\n\nThe judge, prosecuting attorney, probation officers and professional staff assigned to serve a court having the child currently before it in any proceeding;2\n\nAny 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\n\nThe child’s parent, guardian, legal custodian or other person standing in loco parentis and the child’s attorney;4\n\nAny person who has reached the age of majority and requests access to his own records or reports;5\n\nAny 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\n\nThe 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\n\nAny 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\n\nAny 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\n\nAny 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\n\nAny 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\n\nWith 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\n\nThe Commonwealth’s Attorneys’ Services Council and any attorney for the Commonwealth, as permitted under subsection B of § 66-3.2;13\n\nAny 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;14\n\nThe Department of Medical Assistance Services, for record information covering the period prior to and up to 30 days following release from commitment, for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services; and15\n\nThe 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.\n\t\t\t\tA 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\n\nThe 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.\n\t\t\tIf 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.","order_by":null,"text":{"0":{"id":309343,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":309344,"text":"The judge, prosecuting attorney, probation officers and professional staff assigned to serve a court having the child currently before it in any proceeding;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":309345,"text":"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.);","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":309346,"text":"The child’s parent, guardian, legal custodian or other person standing in loco parentis and the child’s attorney;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":309347,"text":"Any person who has reached the age of majority and requests access to his own records or reports;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":309348,"text":"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;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":309349,"text":"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;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":309350,"text":"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;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":309351,"text":"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;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":309352,"text":"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;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":309353,"text":"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;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":309354,"text":"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;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":309355,"text":"The Commonwealth’s Attorneys’ Services Council and any attorney for the Commonwealth, as permitted under subsection B of § 66-3.2;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":309356,"text":"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;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":309357,"text":"The Department of Medical Assistance Services, for record information covering the period prior to and up to 30 days following release from commitment, for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services; and","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":309358,"text":"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.\n\t\t\t\tA 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.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"B"},"16":{"id":309359,"text":"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.\n\t\t\tIf 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A15"}},"ancestry":[{"id":13940,"edition_id":1,"name":"Confidentiality and Expungement","identifier":"12","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:21","date_modified":"2026-06-26 03:46:21","permalink":{"id":161017,"object_type":"structure","relational_id":13940,"identifier":"12","token":"16.1\/11\/12","url":"\/16.1\/11\/12\/","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":84235,"structure_id":13940,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","url":"\/16.1-299\/","token":"16.1\/11\/12\/16.1-299","metadata":false},{"id":64607,"structure_id":13940,"section_number":"16.1-299.1","catch_line":"Sample required for DNA analysis upon conviction or adjudication of felony","url":"\/16.1-299.1\/","token":"16.1\/11\/12\/16.1-299.1","metadata":false},{"id":54996,"structure_id":13940,"section_number":"16.1-299.2","catch_line":"Repealed","url":"\/16.1-299.2\/","token":"16.1\/11\/12\/16.1-299.2","metadata":false},{"id":86382,"structure_id":13940,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","url":"\/16.1-300\/","token":"16.1\/11\/12\/16.1-300","metadata":false},{"id":74120,"structure_id":13940,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","url":"\/16.1-301\/","token":"16.1\/11\/12\/16.1-301","metadata":false},{"id":64090,"structure_id":13940,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","url":"\/16.1-302\/","token":"16.1\/11\/12\/16.1-302","metadata":false},{"id":70200,"structure_id":13940,"section_number":"16.1-302.1","catch_line":"Right of victim or representative to attend certain proceedings; notice of hearings","url":"\/16.1-302.1\/","token":"16.1\/11\/12\/16.1-302.1","metadata":false},{"id":62170,"structure_id":13940,"section_number":"16.1-303","catch_line":"Reports of court officials and employees when privileged","url":"\/16.1-303\/","token":"16.1\/11\/12\/16.1-303","metadata":false},{"id":57650,"structure_id":13940,"section_number":"16.1-304","catch_line":"Repealed","url":"\/16.1-304\/","token":"16.1\/11\/12\/16.1-304","metadata":false},{"id":87014,"structure_id":13940,"section_number":"16.1-305","catch_line":"Confidentiality of court records","url":"\/16.1-305\/","token":"16.1\/11\/12\/16.1-305","metadata":false},{"id":83654,"structure_id":13940,"section_number":"16.1-305.01","catch_line":"Access to child and spousal support case files","url":"\/16.1-305.01\/","token":"16.1\/11\/12\/16.1-305.01","metadata":false},{"id":61575,"structure_id":13940,"section_number":"16.1-305.1","catch_line":"Disclosure of disposition in certain delinquency cases","url":"\/16.1-305.1\/","token":"16.1\/11\/12\/16.1-305.1","metadata":false},{"id":72253,"structure_id":13940,"section_number":"16.1-305.2","catch_line":"Disclosure of notice of the filing of a petition and certain reports by division superintendent","url":"\/16.1-305.2\/","token":"16.1\/11\/12\/16.1-305.2","metadata":false},{"id":66357,"structure_id":13940,"section_number":"16.1-306","catch_line":"Expungement of court records","url":"\/16.1-306\/","token":"16.1\/11\/12\/16.1-306","metadata":false},{"id":83957,"structure_id":13940,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","url":"\/16.1-307\/","token":"16.1\/11\/12\/16.1-307","metadata":false},{"id":82034,"structure_id":13940,"section_number":"16.1-308","catch_line":"Effect of adjudication on status of child","url":"\/16.1-308\/","token":"16.1\/11\/12\/16.1-308","metadata":false},{"id":78870,"structure_id":13940,"section_number":"16.1-309","catch_line":"Penalty","url":"\/16.1-309\/","token":"16.1\/11\/12\/16.1-309","metadata":false},{"id":63770,"structure_id":13940,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","url":"\/16.1-309.1\/","token":"16.1\/11\/12\/16.1-309.1","metadata":false}],"previous_section":{"id":54996,"structure_id":13940,"section_number":"16.1-299.2","catch_line":"Repealed","url":"\/16.1-299.2\/","token":"16.1\/11\/12\/16.1-299.2","metadata":false},"next_section":{"id":74120,"structure_id":13940,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","url":"\/16.1-301\/","token":"16.1\/11\/12\/16.1-301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-300\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 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. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapters 738 and 740; in 1981, chapter 487; in 1988, chapter 541; in 1989, chapter 733; in 1994, chapter 19<\/a>; in 2000, chapter 212<\/a>; in 2002, chapter 735<\/a>; in 2003, chapters 108<\/a> and 143<\/a>; in 2006, chapters 431<\/a> and 500<\/a>; in 2007, chapter 511<\/a>; in 2009, chapter 740<\/a>; in 2010, chapters 367<\/a> and 472<\/a>; in 2011, chapters 99<\/a> and 169<\/a>; in 2012, chapters 262<\/a> and 421<\/a>; in 2017, chapters 207<\/a> and 210<\/a>; in 2025, chapters 316<\/a> and 317<\/a>.<\/p>","references":[{"id":67996,"section_number":"16.1-223","catch_line":"Receipt, etc., of data; forms for reports; confidentiality","order_by":null,"url":"\/16.1-223\/"},{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":78870,"section_number":"16.1-309","catch_line":"Penalty","order_by":null,"url":"\/16.1-309\/"},{"id":64442,"section_number":"22.1-279.3:1","catch_line":"Reports of certain acts to school authorities; reports of certain acts by school authorities to parents; reports of certain acts by school authorities to law enforcement","order_by":null,"url":"\/22.1-279.3_1\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":74791,"section_number":"16.1-309.2","catch_line":"Purpose and intent","order_by":null,"url":"\/16.1-309.2\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":61061,"section_number":"66-3.2","catch_line":"Additional duties of the Director","order_by":null,"url":"\/66-3.2\/"}],"permalink":{"id":161031,"object_type":"law","relational_id":86382,"identifier":"16.1-300","token":"16.1\/11\/12\/16.1-300","url":"\/16.1-300\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-300\/","token":"16.1\/11\/12\/16.1-300","dublin_core":{"Title":"Confidentiality of Department records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-300","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The social, medical, psychiatric, and psychological reports and records of children who are or have been (i) before the court<\/span>, (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<\/span> of Juvenile Justice shall be confidential and shall be open for inspection only to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The judge<\/span>, prosecuting attorney, probation officers<\/span> and professional staff assigned to serve a court having the child currently before it in any proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any public agency, child welfare agency<\/span>, private organization, facility or person who is treating or providing services to the child pursuant to a contract<\/span> with the Department<\/span> or pursuant to the Virginia Juvenile Community Crime<\/span> Control Act as set out in Article 12.1 (§ 16.1-309.2<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The child’s parent, guardian, legal custodian or other person standing in loco parentis and the child’s attorney; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any person who has reached the age of majority and requests access to his own records or reports; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any state agency providing funds to the Department<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Department<\/span> of Social Services or any local department<\/span> 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<\/a> regarding, a juvenile who is the subject of the record and the Department<\/span> of Behavioral Health and Developmental Services or any local community services<\/span> 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<\/span> 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<\/span> service unit or Department<\/span> 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<\/span> of social services or local community services<\/span> 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<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any other person, agency or institution, including any law<\/span>-enforcement agency, school administration, or probation office by order<\/span> of the court<\/span>, having a legitimate interest in the case, the juvenile, or in the work of the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> 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<\/span> has custody<\/span> 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<\/span>, as defined by § 16.1-228<\/a> if the facility is located in Virginia, or as similarly defined by the law<\/span> 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<\/span> of such home or facility shall be destroyed if the child is not admitted to the home or facility; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any attorney for the Commonwealth, any pretrial services<\/span> officer, local community-based probation officer<\/span> and adult<\/span> probation and parole<\/span> officer for the purpose of preparing pretrial investigation, including risk assessment instruments, presentence reports<\/span>, including those provided in § 19.2-299<\/a>, discretionary sentencing guidelines<\/span> worksheets, including related risk assessment instruments, as directed by the court<\/span> pursuant to subsection C of § 19.2-298.01<\/a> or any court-ordered post-sentence investigation report; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any person, agency, organization or institution outside the Department<\/span> that, at the Department<\/span>’s request, is conducting research or evaluation on the work of the Department<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> With the exception of medical, psychiatric, and psychological records and reports, any full-time or part-time employee of the Department<\/span> of State Police or of a police department<\/span> 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<\/span> 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<\/a>. Information shall be provided by the Department<\/span> 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<\/a>. This information may also be disclosed, at the Department<\/span>’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<\/span> 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<\/a> that is authorized by the Attorney General<\/span> or by the attorney for the Commonwealth, or in connection with a prosecution<\/span> or proceeding in court; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The Commonwealth’s Attorneys’ Services Council and any attorney for the Commonwealth, as permitted under subsection B of § 66-3.2<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Any state or local correctional facility as defined in § 53.1-1<\/a> when such facility has custody<\/span> of or is providing supervision for a person convicted as an adult<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The Department<\/span> of Medical Assistance Services, for record information covering the period prior to and up to 30 days following release from commitment, for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The Office of the Attorney General<\/span>, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2.\n\t\t\t\tA designated individual treating or responsible for the treatment of a person may inspect such reports and records as are kept by the Department<\/span> 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<\/span> prior to the release of such reports and records for inspection or copying to the designated individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> 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<\/span> determines, in its discretion, that disclosure of such information would be detrimental to the child or to a third party<\/span>, provided that the juvenile and domestic relations district court (i) having jurisdiction<\/span> over the facility where the child is currently placed or (ii) that last had jurisdiction<\/span> over the child if such child is no longer in the custody<\/span> or under the supervision of the Department<\/span> shall concur in such determination.\n\t\t\tIf any person authorized under subsection A to inspect Department<\/span> records requests to inspect the reports and records and if the Department<\/span> withholds from inspection any portion of such record or report pursuant to the preceding provisions, the Department<\/span> 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<\/span>’s decision. The circuit<\/span> court (1) having jurisdiction<\/span> over the facility where the child is currently placed or (2) that had jurisdiction<\/span> over the original proceeding or over an appeal<\/span> of the juvenile and domestic relations district court final order<\/span> of disposition<\/span> concerning the child if such child is no longer in the custody<\/span> or under the supervision of the Department<\/span> shall have jurisdiction<\/span> over petitions<\/span> filed for review of the Department<\/span>’s decision to withhold reports or records as provided herein. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF DEPARTMENT RECORDS (\u00a7 16.1-300)\n\nA. The social, medical, psychiatric, and psychological reports and records of\nchildren who are or have been (i) before the court, (ii) under supervision,\n(iii) referred to a court service unit, or (iv) receiving services from a court\nservice unit or who are committed to the Department of Juvenile Justice shall be\nconfidential and shall be open for inspection only to the following:\n\n 1. The judge, prosecuting attorney, probation officers and professional staff\n assigned to serve a court having the child currently before it in any\n proceeding;\n\n 2. Any public agency, child welfare agency, private organization, facility or\n person who is treating or providing services to the child pursuant to a\n contract with the Department or pursuant to the Virginia Juvenile Community\n Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.);\n\n 3. The child’s parent, guardian, legal custodian or other person\n standing in loco parentis and the child’s attorney;\n\n 4. Any person who has reached the age of majority and requests access to his\n own records or reports;\n\n 5. Any state agency providing funds to the Department of Juvenile Justice and\n required by the federal government to monitor or audit the effectiveness of\n programs for the benefit of juveniles which are financed in whole or in part\n by federal funds;\n\n 6. The Department of Social Services or any local department of social\n services that is providing services or care for, or has accepted a referral\n for family assessment or investigation and the provision of services in\n accordance with subsection A of § 16.1-277.02 regarding, a juvenile who\n is the subject of the record and the Department of Behavioral Health and\n Developmental Services or any local community services board that is providing\n treatment, services, or care for a juvenile who is the subject of the record\n for a purpose relevant to the provision of the treatment, services, or care\n when these local agencies have entered into a formal agreement with the\n Department of Juvenile Justice to provide coordinated services to juveniles\n who are the subject of the records. Prior to making any report or record open\n for inspection, the court service unit or Department of Juvenile Justice shall\n determine which reports or records are relevant to the treatment, services, or\n care of such juvenile and shall limit such inspection to such relevant reports\n or records. Any local department of social services or local community\n services board that inspects any social, medical, psychiatric, and\n psychological reports and records of juveniles in accordance with this\n subdivision shall not disseminate any information received from such\n inspection unless such dissemination is expressly required by law;\n\n 7. Any other person, agency or institution, including any law-enforcement\n agency, school administration, or probation office by order of the court,\n having a legitimate interest in the case, the juvenile, or in the work of the\n court;\n\n 8. Any person, agency, or institution, in any state, having a legitimate\n interest (i) when release of the confidential information is for the provision\n of treatment or rehabilitation services for the juvenile who is the subject of\n the information, (ii) when the requesting party has custody or is providing\n supervision for a juvenile and the release of the confidential information is\n in the interest of maintaining security in a secure facility, as defined by\n § 16.1-228 if the facility is located in Virginia, or as similarly\n defined by the law of the state in which such facility is located if it is not\n located in Virginia, or (iii) when release of the confidential information is\n for consideration of admission to any group home, residential facility, or\n postdispositional facility, and copies of the records in the custody of such\n home or facility shall be destroyed if the child is not admitted to the home\n or facility;\n\n 9. Any attorney for the Commonwealth, any pretrial services officer, local\n community-based probation officer and adult probation and parole officer for\n the purpose of preparing pretrial investigation, including risk assessment\n instruments, presentence reports, including those provided in § 19.2-299,\n discretionary sentencing guidelines worksheets, including related risk\n assessment instruments, as directed by the court pursuant to subsection C of\n § 19.2-298.01 or any court-ordered post-sentence investigation report;\n\n 10. Any person, agency, organization or institution outside the Department\n that, at the Department’s request, is conducting research or evaluation\n on the work of the Department or any of its divisions; or any state criminal\n justice agency that is conducting research, provided that the agency agrees\n that all information received shall be kept confidential, or released or\n published only in aggregate form;\n\n 11. With the exception of medical, psychiatric, and psychological records and\n reports, any full-time or part-time employee of the Department of State Police\n or of a police department or sheriff’s office that is a part of or\n administered by the Commonwealth or any political subdivision thereof, and who\n is responsible for the enforcement of the penal, traffic, or motor vehicle\n laws of the Commonwealth, is entitled to any information related to a criminal\n street gang, including that a person is a member of a criminal street gang as\n defined in § 18.2-46.1. Information shall be provided by the Department\n to law enforcement without their request to aid in initiating an investigation\n or assist in an ongoing investigation of a criminal street gang as defined in\n § 18.2-46.1. This information may also be disclosed, at the\n Department’s discretion, to a gang task force, provided that the\n membership (i) consists of only representatives of state or local government\n or (ii) includes a law-enforcement officer who is present at the time of the\n disclosure of the information. The Department shall not release the\n identifying information of a juvenile not affiliated with or involved in a\n criminal street gang unless that information relates to a specific criminal\n act. No person who obtains information pursuant to this subdivision shall\n divulge such information except in connection with gang-activity intervention\n and prevention, a criminal investigation regarding a criminal street gang as\n defined in § 18.2-46.1 that is authorized by the Attorney General or by\n the attorney for the Commonwealth, or in connection with a prosecution or\n proceeding in court;\n\n 12. The Commonwealth’s Attorneys’ Services Council and any\n attorney for the Commonwealth, as permitted under subsection B of §\n 66-3.2;\n\n 13. Any state or local correctional facility as defined in § 53.1-1 when\n such facility has custody of or is providing supervision for a person\n convicted as an adult who is the subject of the reports and records. The\n reports and records shall remain confidential and shall be open for inspection\n only in accordance with this section;\n\n 14. The Department of Medical Assistance Services, for record information\n covering the period prior to and up to 30 days following release from\n commitment, for the purposes of providing pre-release services, reentry\n planning, and post-incarceration placement and services; and\n\n 15. The Office of the Attorney General, for all criminal justice activities\n otherwise permitted and for purposes of performing duties required by Chapter\n 9 (§ 37.2-900 et seq.) of Title 37.2.\n \t\t\t\tA designated individual treating or responsible for the treatment of a\n person may inspect such reports and records as are kept by the Department on\n such person or receive copies thereof, when the person who is the subject of\n the reports and records or his parent, guardian, legal custodian or other\n person standing in loco parentis if the person is under the age of 18,\n provides written authorization to the Department prior to the release of such\n reports and records for inspection or copying to the designated individual.\n\nB. The Department may withhold from inspection by a child’s parent,\nguardian, legal custodian or other person standing in loco parentis that portion\nof the records referred to in subsection A, when the staff of the Department\ndetermines, in its discretion, that disclosure of such information would be\ndetrimental to the child or to a third party, provided that the juvenile and\ndomestic relations district court (i) having jurisdiction over the facility\nwhere the child is currently placed or (ii) that last had jurisdiction over the\nchild if such child is no longer in the custody or under the supervision of the\nDepartment shall concur in such determination.\n\t\t\tIf any person authorized under subsection A to inspect Department records\nrequests to inspect the reports and records and if the Department withholds from\ninspection any portion of such record or report pursuant to the preceding\nprovisions, the Department shall (a) inform the individual making the request of\nthe action taken to withhold any information and the reasons for such action;\n(b) provide such individual with as much information as is deemed appropriate\nunder the circumstances; and (c) notify the individual in writing at the time of\nthe request of his right to request judicial review of the Department’s\ndecision. The circuit court (1) having jurisdiction over the facility where the\nchild is currently placed or (2) that had jurisdiction over the original\nproceeding or over an appeal of the juvenile and domestic relations district\ncourt final order of disposition concerning the child if such child is no longer\nin the custody or under the supervision of the Department shall have\njurisdiction over petitions filed for review of the Department’s decision\nto withhold reports or records as provided herein.\n\nHISTORY: 1977, c. 559; 1978, cc. 738, 740; 1981, c. 487; 1988, c. 541; 1989, c.\n733; 1994, c. 19; 2000, c. 212; 2002, c. 735; 2003, cc. 108, 143; 2006, cc. 431,\n500; 2007, c. 511; 2009, c. 740; 2010, cc. 367, 472; 2011, cc. 99, 169; 2012,\ncc. 262, 421; 2017, cc. 207, 210; 2021, Sp. Sess. I, c. 466; 2025, cc. 316, 317.","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}}