22 Va. Admin. Code § 40-705-40 - Complaints and reports of suspected child abuse or neglect
A. Persons who are
mandated to report are those individuals defined in §
63.2-1509 of the Code of
Virginia.
1. Mandated reporters shall report
immediately any suspected abuse or neglect that they learn of in their
professional or official capacity unless the person has actual knowledge that
the same matter has already been reported to the local department or the
department's toll-free child abuse and neglect hotline.
2. Pursuant to §
63.2-1509 of the Code of
Virginia, if information is received by a teacher, staff member, resident,
intern, or nurse in the course of his professional services in a hospital,
school, or other similar institution, such person may make reports of suspected
abuse or neglect immediately to the person in charge of the institution or
department, or his designee, who shall then make such report forthwith. If the
initial report of suspected abuse or neglect is made to the person in charge of
the institution or department, or his designee, such person shall (i) notify
the teacher, staff member, resident, intern, or nurse who made the initial
report when the report of suspected child abuse or neglect is made to the local
department or to the department's toll-free child abuse and neglect hotline;
(ii) provide the name of the individual receiving the report; and (iii) forward
any communication resulting from the report, including any information about
any actions taken regarding the report, to the person who made the initial
report.
3. Mandated reporters shall
disclose all information that is the basis for the suspicion of child abuse or
neglect and shall make available, upon request, to the local department any
records and reports that document the basis for the complaint or
report.
4. Pursuant to §
63.2-1509D of
the Code of Virginia, a mandated reporter's failure to report as soon as
possible, but no longer than 24 hours after having reason to suspect a
reportable offense of child abuse or neglect, shall result in a fine.
5. In cases evidencing acts of rape, sodomy,
or object sexual penetration as defined in Article 7 (§
18.2-61 et seq.) of Chapter 4 of
Title 18.2 of the Code of Virginia, a person who knowingly and intentionally
fails to make the report required pursuant to §
63.2-1509 of the Code of
Virginia shall be guilty of a Class 1 misdemeanor.
6. Pursuant to §
63.2-1509B of
the Code of Virginia, certain medical facts indicating that a newborn may have
been exposed to a controlled substance prior to birth constitute a reason to
suspect that a child is abused or neglected and must be reported. Such facts
shall include (i) a finding made by a health care provider within six weeks of
the birth of a child that the child was born affected by substance abuse or
experiencing withdrawal symptoms resulting from in utero drug exposure; (ii) a
diagnosis made by a health care provider within four years following a child's
birth that the child has an illness, disease, or condition that, to a
reasonable degree of medical certainty, is attributable to maternal abuse of a
controlled substance during pregnancy; or (iii) a diagnosis made by a health
care provider within four years following a child's birth that the child has a
fetal alcohol spectrum disorder attributable to in utero exposure to alcohol.
When "reason to suspect" is based upon this subsection such fact shall be
included in the report along with the facts relied upon by the person making
the report. Such reports shall not constitute a per se finding of child abuse
or neglect. If a health care provider in a licensed hospital makes any medical
finding or diagnosis set forth in clause (i), (ii), or (iii) of this
subdivision, the hospital shall require the development of a written discharge
plan under protocols established by the hospital pursuant to §
32.1-127B 6 of
the Code of Virginia.
a. For purposes of this
regulation, "affected by substance abuse" is a determination by a health care
professional and may be determined by clinical indicators that include maternal
and infant presentation at birth; substance use and medical histories; and
include toxicology study results of the infant that are positive for illegal
substances or indicate abuse of controlled substances.
b. When a valid report or complaint is made
pursuant to §
63.2-1509B of
the Code of Virginia, the local department must immediately assess the child's
circumstances and any threat to the child's health and safety. Pursuant to
22VAC40-705-110
A, the local department must conduct an
initial safety assessment.
c. When
a valid report or complaint is made pursuant to §
63.2-1509B of
the Code of Virginia, the local department may petition a juvenile and domestic
relations district court for any necessary services or court orders needed to
ensure the safety and health of the child in accordance with §
16.1-241.3 of the Code of
Virginia.
d. Pursuant to §
63.2-1506C of
the Code of Virginia, when a valid report or complaint is based on one of the
factors in §
63.2-1509B, the
local department shall conduct a family assessment, unless an investigation is
required or necessary to protect the safety of the child.
(1) Pursuant to §
63.2-1506 of the Code of
Virginia, the local department shall determine whether the mother of an infant
who was exposed to a controlled substance sought substance abuse counseling or
treatment prior to the child's birth. For purposes of this chapter, substance
abuse counseling or treatment includes education about the impact of alcohol
and drugs, legal or illegal, on the infant and on the maternal-child
relationship, and education about relapse prevention.
(2) The substance use counseling or treatment
should attempt to serve the purposes of treating the substance use disorder,
strengthening the maternal relationship with the infant and siblings, and
achieving and maintaining a sober, drug-free lifestyle.
e. Pursuant to §
63.2-1506 of the Code of
Virginia, the local department shall develop a plan of safe care.
f. Facts solely indicating that the infant
may have been exposed to controlled substances prior to birth are not
sufficient to render a founded disposition of abuse or neglect in an
investigation.
B. Persons who may report child abuse or
neglect include any individual who suspects that a child is being abused or
neglected pursuant to §
63.2-1510 of the Code of
Virginia.
C. Complaints and reports
of child abuse or neglect may be made anonymously.
D. Any person making a complaint or report of
child abuse or neglect shall be immune from any civil or criminal liability in
connection therewith, unless it is proven that such person acted in bad faith
or with malicious intent pursuant to §
63.2-1512 of the Code of
Virginia.
E. When the identity of
the reporter is known to the department or local department, these agencies
shall not disclose the reporter's identity unless court ordered or required
under §
63.2-1503D of
the Code of Virginia. Upon request, the local department shall advise the
person who was the subject of an unfounded investigation if the complaint or
report was made anonymously.
F. If
a person suspects that he is the subject of a report or complaint of child
abuse or neglect made in bad faith or with malicious intent, that person may
petition the court for access to the record including the identity of the
reporter or complainant pursuant to §
63.2-1514 of the Code of
Virginia.
G. Any person age 14
years or older who makes or causes to be made a knowingly false complaint or
report of child abuse or neglect and is convicted shall be guilty of a Class 1
misdemeanor for a first offense pursuant to §
63.2-1513 of the Code of
Virginia.
1. A subsequent conviction results
in a Class 6 felony.
2. Upon
receipt of notification of such conviction, the department will retain a list
of convicted reporters.
3. The
subject of the records may have the records purged upon presentation of a
certified copy of such conviction.
4. The subject of the records shall be
notified in writing that the records have been purged.
H. To make a complaint or report of child
abuse or neglect, a person may telephone the department's toll-free child abuse
and neglect hotline or contact a local department of jurisdiction pursuant to
§
63.2-1510 of the Code of
Virginia.
I. A local department of
jurisdiction must determine the validity of a complaint of child abuse or
neglect and, if valid, conduct an investigation or family assessment.
1. If the local department that first
receives a complaint or report of child abuse or neglect has jurisdiction, that
local department becomes a local department of jurisdiction and shall assume
responsibility to determine validity and, if the complaint or report is valid,
to ensure that a family assessment or an investigation is conducted.
2. If the local department that first
receives a complaint or report of child abuse or neglect does not have
jurisdiction, that local department must immediately do the following:
a. Document and transfer the complaint or
report in the child abuse and neglect information system;
b. Contact the local department of
jurisdiction to advise of the transfer; and
c. Advise the person making the complaint of
the name and telephone number for the local department of
jurisdiction.
3. A local
department of jurisdiction may ask another local department to assist in
conducting the family assessment or investigation. If assistance is requested,
the local department shall comply.
4. A local department of jurisdiction may ask
another local department through a cooperative agreement to assist in
conducting the family assessment or investigation.
5. If a local department employee is
suspected of abusing or neglecting a child, the complaint or report of child
abuse or neglect shall be made to the juvenile and domestic relations district
court of the county or city where the alleged abuse or neglect was discovered.
The judge shall assign the report to a local department that is not the
employer of the subject of the report, or if the judge believes that no local
department in a reasonable geographic distance can be impartial in responding
to the reported case, the judge shall assign the report to the court service
unit of the judge's court for evaluation pursuant to §§
63.2-1509 and
63.2-1510 of the Code of
Virginia. The judge may consult with the department in selecting a local
department to respond.
6. In cases
where an employee at a private or state-operated hospital, institution, or
other facility or an employee of a school board is suspected of abusing or
neglecting a child in such hospital, institution, or other facility or public
school, the local department of jurisdiction shall request the department and
the relevant private or state-operated hospital, institution, or other facility
or school board to assist in conducting a joint investigation in accordance
with regulations adopted in 22VAC40-730, in consultation with the Departments
of Education, Health, Medical Assistance Services, Behavioral Health and
Developmental Services, Juvenile Justice, and Corrections.
Notes
Statutory Authority: § 63.2-217 of the Code of Virginia.
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