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 § 63.2-1503 D of the Code
				of Virginia.
2. Report to the
				regional medical examiner's office pursuant to § 63.2-1503 E 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
				§ 63.2-1526 C 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 § 9.1-156 A of the Code of Virginia.
11. The local department shall release child
				protective services information to a court-appointed guardian ad litem pursuant
				to § 16.1-266 G 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.