Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 910 - GENERAL PROVISIONS FOR MAINTAINING AND DISCLOSING CONFIDENTIAL INFORMATION OF PUBLIC ASSISTANCE, CHILD SUPPORT ENFORCEMENT, AND SOCIAL SERVICES RECORD › Section 22VAC40-910-100 - Confidential client information pertaining to social services programs

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