West Virginia 2022 Regular Session

West Virginia Senate Bill SB472

Introduced
1/24/22  
Refer
1/24/22  
Engrossed
2/9/22  
Refer
2/10/22  

Caption

Relating to access to juvenile records by certain employees of Division of Corrections and Rehabilitation

Impact

From a legislative perspective, SB472 modifies existing laws regarding the confidentiality of juvenile records, retaining the protective measures while allowing select officials necessary access under designated circumstances. The bill mandates that the release of these records occurs only after a hearing by the Public Employees Grievance Board, ensuring that any disclosures are relevant and justified. Furthermore, it specifies that relevant information must be sealed from public view and stripped of identifying details about the juvenile involved, thus maintaining a protective layer over sensitive information.

Summary

SB472 aims to amend and reenact section 49-5-101 of the Code of West Virginia, specifically concerning the accessibility of juvenile records. The bill expands the list of individuals allowed to access these confidential records to include members of the Juvenile Justice Commission and their designees when performing official duties. Additionally, it offers current or former employees of the Division of Corrections and Rehabilitation the opportunity to access relevant juvenile records in order to pursue grievances. This legislation underscores the need for accountability within juvenile services and attempts to balance the access rights of employees with the need to protect juvenile confidentiality.

Sentiment

The sentiment surrounding SB472 appears to be generally supportive among lawmakers focused on juvenile justice reform and rehabilitation, as it aims to ensure oversight and improve accountability within the system. Advocates for juvenile rights, however, may voice concerns over potential misuse or overreach concerning access to these sensitive records. This balance of maintaining confidentiality while allowing for necessary oversight creates a complex discussion point among stakeholders, making its outcome significant.

Contention

Notably, a point of contention surrounding SB472 may revolve around the extent and conditions under which juvenile records can be accessed by employees pursuing grievances. Critics may argue that broadened access could potentially infringe upon a juvenile's right to privacy if not strictly regulated. It also raises questions regarding the transparency of grievance processes within juvenile rehabilitation frameworks. Therefore, maintaining clear guidelines and robust oversight procedures will be vital for addressing these concerns as the bill progresses.

Companion Bills

WV HB4541

Similar To To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.

Similar Bills

WV HB2473

To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.

WV HB4541

To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.

WV HB4308

Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits

WV HB2016

Relating to confidential childcare records

WV HB5609

Relating to confidentiality of child care records and the Foster Care Ombudsman

WV SB785

Allowing Foster Care Ombudsman access to child protective records

WV SB83

Allowing Foster Care Ombudsman access to child protective records

WV HB2402

Relating to providing access to medical records; providing access to a minor’s medical record