Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 705 - CHILD PROTECTIVE SERVICES › Section 22VAC40-705-190 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Appeal is the
				process by which the abuser or neglector may request amendment of the record
				when the investigation into the complaint has resulted in a founded disposition
				of child abuse or neglect.
B. If
				the alleged abuser or neglector is found to have committed abuse or neglect,
				that alleged abuser or neglector may, within 30 days of being notified of that
				determination, submit a written request for an amendment of the determination
				and the local department's related records, pursuant to §
									63.2-1526A of
				the Code of Virginia. The local department shall conduct an informal conference
				in an effort to examine the local department's disposition and reasons for it
				and consider additional information about the investigation and disposition
				presented by the alleged abuser or neglector. The local department shall notify
				the child abuse and neglect information system that an appeal is
				pending.
C. Whenever an appeal is
				requested and a criminal charge or investigation is also filed or commenced
				against the appellant for the same conduct involving the same victim child as
				investigated by the local department, the appeal process shall be stayed until
				the criminal prosecution in the trial court is completed, until the criminal
				investigation is closed, or in the case of a criminal investigation, 180 days
				have passed since the appellant's request for an appeal, pursuant to §
									63.2-1526C of
				the Code of Virginia. During such stay, the appellant's right of access to the
				records of the local department regarding the matter being appealed shall also
				be stayed. Once the criminal prosecution in trial court has been completed, the
				criminal investigation has been completed, or in the case of a criminal
				investigation, 180 days have passed since the appellant's request for an
				appeal, the local department shall advise the appellant in writing of his right
				to resume his appeal within the timeframe provided by law and regulation
				pursuant to §
									63.2-1526C of
				the Code of Virginia.
D. The local
				department shall conduct an informal, local conference and render a decision on
				the appellant's request to amend the record within 45 days of receiving the
				request. If the local department either refuses the appellant's request for
				amendment of the record as a result of the local conference, or if the local
				department fails to act within 45 days of receiving such request, the appellant
				may, within 30 days thereafter and in writing, request the commissioner for an
				administrative hearing pursuant to §
									63.2-1526A of
				the Code of Virginia.
E. The
				appellant may request, in writing, an extension of the 45-day requirement for a
				specified period of time, not to exceed an additional 60 days. When there is an
				extension period, the 30-day timeframe to request an administrative hearing
				from the Commissioner of the Department of Social Services shall begin on the
				termination of the extension period pursuant to §
									63.2-1526A of
				the Code of Virginia.
F. Upon
				written request, the local department shall provide the appellant all
				information used in making its determination. Disclosure of the reporter's name
				or information that may endanger the well-being of a child shall not be
				released. The identity of any collateral witness or any other person shall not
				be released if disclosure may endanger that witness's or person's life or
				safety. Information prohibited from being disclosed by state or federal law or
				regulation shall not be released. In case of any information withheld, the
				appellant shall be advised of the general nature of the information and the
				reasons, of privacy or otherwise, that it is being withheld, pursuant to §
									63.2-1526A of
				the Code of Virginia.
G. The
				director of the local department, or a designee of the director, shall preside
				over the local conference. With the exception of the director of the local
				department, no person whose regular duties include substantial involvement with
				child abuse and neglect cases shall preside over the local conference pursuant
				to §
									63.2-1526A of
				the Code of Virginia.
1. The appellant may be
				represented by counsel pursuant to §
										63.2-1526A of
				the Code of Virginia.
2. The
				appellant shall be entitled to present the testimony of witnesses, documents,
				factual data, arguments, or other submissions of proof pursuant to §
										63.2-1526A of
				the Code of Virginia.
3. The
				director of the local department or a designee of the director shall notify the
				appellant, in writing, of the results of the local conference within 45 days of
				receipt of the written request from the appellant unless the timeframe has been
				extended as described in subsection E of this section. The director of the
				local department or the designee of the director shall have the authority to
				sustain, amend, or reverse the local department's findings. Notification of the
				results of the local conference shall be mailed, certified with return receipt,
				to the appellant. The local department shall notify the child abuse and neglect
				information system of the results of the local conference.