22 Va. Admin. Code § 40-910-100 - Confidential client information pertaining to social services programs
A. Confidentiality
of client information of social services programs is assured by §§
63.2-104 and
63.2-105 of the Code of
Virginia.
B. Releasing confidential
social services information.
1. The
Commissioner of the Virginia Department of Social Services, the State Board of
Social Services, and their agents shall have access to all social services
client records pursuant to §
63.2-104 of the Code of
Virginia.
2. Social services client
records must be confidential and can only be released to persons having a
legitimate interest in accordance with federal and state laws and regulations
pursuant to §
63.2-104 of the Code of
Virginia. Section
63.2-104 of the Code of Virginia
does not apply to the disclosure of adoption records, reports, and information.
The disclosure of adoption records, reports, and information is governed by
§
63.2-1246 of the Code of
Virginia.
3. The following
statutory and regulatory provisions provide guidance on the definition of
legitimate interest as applied to specific social services programs:
a. Adult Protective Services client records
can be released to persons having a legitimate interest pursuant to
22VAC30-100-50.
b. Child Protective Services Client Records
and Information Disclosure:
(1) Child
protective services client records can be released to persons having a
legitimate interest pursuant to §
63.2-105A of
the Code of Virginia.
(2) The
public has a legitimate interest to limited information about child abuse or
neglect cases that resulted in a child fatality or near fatality. Pursuant to
the Child Abuse and Prevention Treatment Act (CAPTA), as amended (P.L. 108-36
(42
USC §
5106a)) states must have
provisions that allow for public disclosure of the findings or information
about the case of child abuse or neglect that has resulted in a child fatality
or near fatality. Accordingly, agencies must release the following information
to the public, providing that nothing disclosed would be likely to endanger the
life, safety, or physical or emotional well-being of a child or the life or
safety of any other person; or that may compromise the integrity of a Child
Protective Services investigation, or a civil or criminal investigation, or
judicial proceeding:
(a) The fact that a
report has been made concerning the alleged victim child or other children
living in the same household;
(b)
Whether an investigation has been initiated;
(c) The result of the completed
investigation;
(d) Whether previous
reports have been made concerning the alleged victim child or other children
living in the same household and the dates thereof, a summary of those previous
reports, and the dates and outcome of any investigations or actions taken by
the agency in response to those previous reports of child abuse or neglect;
and
(e) The agency's activities in
handling the case.
(3)
Information regarding child protective services reports, complaints,
investigation and related services and follow-up may be shared with the
appropriate Family Advocacy Program representative of the United States Armed
Forces as provided in
22VAC40-705-140
E, Child Protective Services Release of
Information to Family Advocacy Program Representatives of the United States
Armed Forces.
(4) The agency must
release child protective services client records in the instances of mandatory
disclosure as provided in
22VAC40-705-160. The local
department may release the information without written consent.
4. Foster care client
records about children in foster care or their parents can be released upon
order of the court. For instance, client records may be released to the
guardian ad litem and the court appointed special advocate who are appointed
for a child as a result of a court order or to attorneys representing the child
or the child's parents.
Notes
Statutory Authority: § 63.2-217 of the Code of Virginia.
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