Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 705 - CHILD PROTECTIVE SERVICES › Section 22VAC40-705-160 - Releasing information

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the following
				instances of mandatory disclosure the local department shall release child
				protective services information. The local department may do so without any
				written release.
1. Report to attorney for the
				Commonwealth and law enforcement pursuant to §
										63.2-1503D of
				the Code of Virginia.
2. Report to
				the regional medical examiner's office pursuant to §
										63.2-1503E of
				the Code of Virginia.
3. Any
				individual, including an individual against whom allegations of child abuse or
				neglect were made, may exercise his rights under the Government Data Collection
				and Dissemination Practices Act (§
										2.2-3800 et seq. of the Code of
				Virginia) to access personal information related to himself that is contained
				in the case record, including, with the individual's signed consent, a search
				of the Central Registry.
4. When
				the material requested includes personal information about other individuals,
				the local department shall be afforded a reasonable time in which to redact
				those parts of the record relating to other individuals.
5. Pursuant to the Child Abuse Prevention and
				Treatment Act, as amended (42 USC §
											5101 et seq.), and
				federal regulations ( 45 CFR Part 1340 ), the local department shall provide
				case-specific information about child abuse and neglect reports and
				investigations to citizen review panels when requested.
6. Pursuant to the Child Abuse Prevention and
				Treatment Act, as amended (42 USC §
											5101 et seq.), the
				department shall develop guidelines to allow for public disclosure in instances
				of child fatality or near fatality.
7. An individual's right to access
				information under the Government Data Collection and Dissemination Practices
				Act is stayed during criminal prosecution pursuant to §
										63.2-1526C of
				the Code of Virginia.
8. The local
				department shall disclose and release to the United States Armed Forces Family
				Advocacy Program child protective services information as required pursuant to
				22VAC40-705-140.
9. Child protective services shall, on
				request by the Division of Child Support Enforcement, supply information
				pursuant to §
										63.2-103 of the Code of
				Virginia.
10. The local department
				shall release child protective services information to a court appointed
				special advocate pursuant to §
										9.1-156A of the
				Code of Virginia.
11. The local
				department shall release child protective services information to a
				court-appointed guardian ad litem pursuant to §
										16.1-266G of
				the Code of Virginia.
12. In any
				case properly before a court having jurisdiction, if the court orders the local
				department to disclose information from a child abuse or neglect case record,
				the local department must either comply with the order if permitted under
				federal and state law or appeal the order if such disclosure is contrary to
				federal and state law.