22 Va. Admin. Code § 40-705-130

Current through Register Vol. 41, No. 6, November 4, 2024

Section 22VAC40-705-130 - Reporting of family assessment or investigation conclusions

A. Unfounded investigation.

1. Pursuant to § 63.2-1514 of the Code of Virginia, the local department shall report all unfounded case dispositions to the child abuse and neglect information system when disposition is made.

2. The department shall retain complaints or reports with an unfounded disposition in the child abuse and neglect information system to provide local departments with information regarding prior investigations.

3. This record shall be kept separate from the Central Registry and accessible only to the department and to local departments.

4. The record of the investigation with an unfounded disposition shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the individual against whom allegations of abuse or neglect were made or regarding the same child in those three years.

5. The individual against whom an unfounded disposition for allegations of abuse or neglect was made may request in writing that the local department retain the record for an additional period of up to two years.

6. The individual against whom allegations of abuse or neglect were made may request in writing that both the local department and the department shall immediately purge the record upon presentation of a certified copy of a court order that there has been a civil action that determined that the complaint or report was made in bad faith or with malicious intent pursuant to § 63.2-1514 of the Code of Virginia.

B. Founded investigation.

1. The local department shall report all founded dispositions to the child abuse and neglect information system for inclusion in the Central Registry pursuant to § 63.2-1515 of the Code of Virginia.

2. Identifying information about the abuser or neglector and the victim child or children reported include demographic information, type of abuse or neglect, and date of the complaint.

3. The identifying information shall be retained based on the determined level of severity of the abuse or neglect pursuant to 22VAC40-705-110:

a. Eighteen years past the date of the complaint for all complaints determined by the local department to be founded as Level 1.

b. Seven years past the date of the complaint for all complaints determined by the local department to be founded as Level 2.

c. Three years past the date of the complaint for all complaints determined by the local department to be founded as Level 3.

4. Pursuant to § 63.2-1514A of the Code of Virginia, all records related to founded, Level 1 dispositions of sexual abuse shall be maintained by the local department for a period of 25 years from the date of the complaint. This applies to all investigations with founded dispositions on or after July 1, 2010. This retention timeframe will not be reflected in the Central Registry past the purge dates set out in this subsection.

C. Family assessments.

1. The record of the family assessment shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the individual against whom allegations of abuse or neglect were made or regarding the same child in those three years.

2. The individual against whom allegations of abuse or neglect were made may request in writing that both the local department and the department shall immediately purge the record upon presentation of a certified copy of a court order that there has been a civil action that determined that the complaint or report was made in bad faith or with malicious intent pursuant to § 63.2-1514 of the Code of Virginia.

D. In all family assessments or investigations, if the individual against whom the allegations of abuse or neglect is involved in any subsequent complaint or report, the information from all complaints or reports shall be maintained until the last purge date has been reached.

22 Va. Admin. Code § 40-705-130

Derived from Virginia Register Volume 13, Issue 25, eff. January 1, 1998; amended, Virginia Register Volume 19, Issue 6, eff. January 1, 2003; Volume 20, Issue 5, eff. January 1, 2004; Amended, Virginia Register Volume 33, Issue 19, eff. 7/1/2017; Amended, Virginia Register Volume 37, Issue 02, eff. 10/15/2020.

Statutory Authority: § 63.2-217 of the Code of Virginia.