Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 705 - CHILD PROTECTIVE SERVICES › Section 22VAC40-705-40 - Complaints and reports of suspected child abuse or neglect

Current through Register Vol. 40, No. 24, July 15, 2024
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.